Here is the proposed rule:
8. An electronic version of every brief on the merits shall be transmitted
to the Clerk of Court and to opposing counsel of record at the time
the brief is filed in accordance with guidelines established by the Clerk.
The electronic transmission requirement is in addition to the
requirement that booklet-format briefs be timely filed.
[CLERK’S COMMENT: THE REVISED BRIEFING SCHEDULE RECOGNIZES THAT
THE TIME PERIOD BETWEEN THE GRANTING OF A PETITION FOR A WRIT OF
CERTIORARI AND THE DATE OF ORAL ARGUMENT HAS DECREASED IN RECENT
YEARS. THE REVISED RULE ALSO RECOGNIZES THAT TECHNOLOGICAL
IMPROVEMENTS HAVE DECREASED THE AMOUNT OF TIME NEEDED TO
PREPARE BOOKLET-FORMAT BRIEFS AND BRIEFS CAN BE READILY
TRANSMITTED ELECTRONICALLY. ELECTRONIC TRANSMISSION OF BRIEFS TO
THE CLERK AND OPPOSING COUNSEL IS MANDATED BY THE REVISED RULE.
THE CHANGE EMPHASIZES THAT ELECTRONIC TRANSMISSION DOES NOT
CONSTITUTE FILING.]
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What is not known is the means an attorney would use to transmit the brief to the Clerk? Also, the means the Clerk will use to search and store these digital briefs once received.
