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SCOTUS Efiling Required Starting 11-13-17

Starting November 13, 2017, the U.S. Supreme Court will require many documents to be electronically filed (efiling) via the U.S. Supreme Court Electronic Filing System.  This is a brief overview.


Starting November 13, 2017, the U.S. Supreme Court will require many documents to be electronically filed (efiling) via the U.S. Supreme Court Electronic Filing System.  This requirement is in addition to the paper filing requirement, and is required by all counsel of record.

What documents should not be efiled

Most documents require efiling.  Exceptions to the efiling requirement include:

  • documents containing sealed records, cases governed by Fed. R. of Civ. P. 5.2(c) (including immigration cases);
  • cases addressed through Federal Rule of Criminal Procedure 49.1(c);
  • and matters relating to practice before the U.S. Supreme Court, including responses to show cause why a member of the Supreme Court bar should not be disbarred.

Register before efiling

In order to submit documents through the electronic filing system, all attorneys must register at https://file.supremecourt.gov. Only members of the Supreme Court Bar and attorneys appointed for a particular case under the federal Criminal Justice Act can to register.  The registration process requires creating a username and password.

Format of the efiling document(s)

Documents should be in a Portable Document File Archiving (“PDF/A”) format.  A PDF/A format is similar to the PDF format, except it prohibits certain features that make long term archiving difficult.  Any single file should not exceed 100 MB in size.  Documents in excess of 100MB should be broken into multiple submissions.

The filing should be text searchable, and the document may contain active hyperlinks to sources that are internal as well as external to the document.  If attachments or exhibits are scanned, those need not be text searchable.

Redactions of personally identifiable material under Supreme Court Rule 34.6 is still required and the responsibility of the attorney submitting the document.

Viruses & Malware

The Supreme Court’s electronic filing system will perform a scan of all submissions before accepting them.  Practitioners must perform a diligent scan for viruses and malware prior to submission.

Changes to electronic submissions

Once electronically submitted, the filer will not be able to change or withdraw the submission.  The filer needs to contact the clerk of the court to address any changes.

Technical Problems efiling

Those requiring assistance can email efilingsupport@supremecourt.gov or call (202) 479-5660.  Clerk’s Office personnel will be available to respond to telephone inquiries between 9:00 am and 5:00 pm when open.  If a technical problem is discovered outside of working hours and the deadline to file is before the Clerk’s Office reopens, the filing should be emailed to other parties and to efilingsupport@supremecourt.gov.

Document availability

Electronic versions of all electronic filings not under seal will be available to the public without charge at http://www.supremecourt.gov.

October 30, 2017, Staff Reporter, Ted Broomfield, lawinformation.info.

Sponsored by:  tedbroomfieldlaw.com.

Sources:

EFiling Guide:  https://www.supremecourt.gov/filingandrules/ElectronicFilingGuidelines-Sept2017.pdf

SCOTUS Rules:  https://www.supremecourt.gov/filingandrules/2017RulesoftheCourt.pdf

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