Supreme Court to Require E-Filing

The Supreme Court recently announced that on November 13, 2017, its electronic filing system will be up and running. Thankfully, the Court’s program will not be part of the PACER system.  Rather, according to the National Journal, the Court’s main page will include a button for “Electronic Filing.” The filings will be “accessible without cost to the public and legal community.”

While this is a huge step forward for the Court, it will not, initially, eliminate the requirement that parties file paper copies.  According to the Court’s press release,

Initially the official filing of documents will continue to be on paper in all cases, but parties who are represented by counsel will also be required to submit electronic versions of documents through the electronic filing system. The filings will then be posted to the Court’s docket and made available to the public through the Court’s website. Filings from parties appearing pro se will not be submitted through the electronic filing system, but will be scanned by Court personnel and made available for public access on the electronic docket.

E-filing has been around for some time, and is mandatory in most, if not all, federal courts.  It is slowly taking over in the state courts too.  The National Center for State Courts provides information on the state of e-filing in the states, including links to the various court rules.

While e-filing certainly has its strengths, it doesn’t mean that one can procrastinate to file a brief until minutes before it is due.  Be sure to understand the requirements for e-filing in your jurisdiction, including any size limitations and the amount of time it takes to get a login.