It’s The Wild West Out There!

One interesting aspect of the legal world is there are never two cases that are exactly the same. But what holds the courts together are a set of rules that legal professionals must follow.

But what if there isn’t a rule for eBriefs?

eBriefs, although they have been around for 20+ years, are still an enigma. Most courts don’t have rules pertaining to when or how they should be submitted. If the court does have rules, they are most likely outdated or don’t really define what they are asking for when they say they’d like the briefs to be hyperlinked.

We keep waiting for the day when a court may call us and ask for guidance, but we have yet to receive that call. When or if that ever does happen, we have prepared our input – just a few simple guidelines regarding hyperlinked briefs:

  1. Don’t worry about filing your eBrief at the same time as your e-filed or hard copy brief. A fully linked brief can follow within a couple of days in most instances.
  2. An eBrief is a linked PDF of the filing with hyperlinks to all cited materials, cases, exhibits, testimony, etc. When applicable, the link should be directed to the pin cite, not just the first page of the cited document.
  3. You can either turn the eBrief in on a USB/thumb drive or send us a link to download from your secure file transfer site.
  4. If you need help creating an eBrief, here’s a list of vendors that can help.

We have probably seen at least a dozen different ways an interactive filing has been created. Some are quite good and some really terrible. The really terrible ones only serve to discourage the use of what can and should be an incredibly helpful tool. In our many years of experience, we have consistently updated and modified the way we create eBriefs to streamline the production process and leave little room for error. Nothing is more frustrating for us than seeing a poorly created and difficult to navigate eBrief.

If you are reading this and would like to discuss eBriefs further or have a specific need, we would be thrilled to connect.