InFocus

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Colorado Court of Appeals Interim Policy Re Electronic Records and Briefs

The new policy applies only to briefs submitted under C.A.R. 28 (not motions or other pleadings) and applies only in the Court of Appeals, not the Supreme Court.  The policy is effective March 1, 2009.

 

The main features of this new policy are as follows:

 

1.  Electronic record:  When the trial court record is in electronic form, the clerk will prepare a paginated CD ROM containing the record and send it to counsel.  When citing the record in your brief, you must cite to the unique CD ROM page numbers.  [A prior policy had required citations to documents available on LexisNexis File & Serve (LNFS) to contain the LNFS transaction number. That policy has now been superseded.]

 

2.  Electronic briefs:  The court is requiring counsel to submit all briefs on CD ROMs in native PDF format.  Counsel are also required to file a single, original hard copy of the brief.  The CD ROM version of the brief must be identical to the original paper copy.

 

3.  Hyperlinks: The new policy strongly encourages, but does not require, hyperlinked briefs.  If counsel uses hyperlinks, then the authorities and record excerpts to which the brief is hyperlinked must be on the same CD ROM as the brief.

 

4.  Appendix:   A prior policy statement from the court encourages, but does not require, parties to file appendices containing key orders, instructions, exhibits, etc., but discourages appendices in excess of 25 pages.  This new policy allows appendices to be included on the CD ROM.  Based on my conversation with the Clerk of the Court, we have more flexibility (beyond the 25 pages) under this new policy.

 

Why is the court doing this?  The court is moving toward requiring all briefs to be hyperlinked.  Currently, when parties e-file hyperlinked briefs via LNFS, LNFS strips the hyperlinking.  The court is thus requiring CD ROMs as an interim step, which will make hyperlinking possible, and eventually, the court will likely require all briefs to be hyperlinked.

Policy Re Electronic Records and Briefs

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