This installment of our e-filing dictionary contains just two entries: “Bounced Email” and “e-Briefs.” Both terms are of equal weight and importance in the new world of electronic court filing, and each deserves concentrated attention.
Bounced email is a term used to describe undelivered emails as a result of the email address no longer being valid or in use. It is different from other types of failed email delivery, such as failures attributed to a non-existent domain name or a full mailbox.
Today, it is normal for an individual to have several email addresses from one or more email service providers. Attorneys are no exception, and many even utilize more than one email address at their firm.
Because email is also relied upon by an increasing number of courts to process case filings, it is crucial that practitioners keep track of their email addresses on record with each court, and ensure that they are current.
When an email address changes, it is imperative that the attorney notify the bar, the court(s) and any electronic case filing system of the new email address as soon as possible.
Reliance on email in conducting matters of the court is so essential in the federal circuits, for instance, that many include local rules stating it is the continual responsibility of the lawyer to maintain a current email address with the court, and to notify and update the clerk of a change in email address (along with telephone number and physical address.)
An e-brief is an interactive electronic brief that is formatted in .pdf, and then burned onto a CD-ROM disc for court submission. An e-brief provider is able to take all documents, even those available only in hard copy, and convert them into high-quality, text-searchable PDFs, including images such as blueprints, diagrams, land plots, and other technical drawings.
The final product of an e-brief is a self-contained, cross-referenced and perfectly bookmarked CD-ROM that includes all briefs, exhibits, relevant documents, case law, table of contents, table of authorities, and record or appendix. It is a highly organized electronic container of everything reviewers need to deliberate in the most efficient manner.
E-briefs are very beneficial when the underlying record or appendix is large, and when the litigation involved is complex or technical by nature. Multiple volumes and sets of documents are readily transferred onto the e-brief disc, which can hold thousands of images and up to 100,000 word-processed pages.
An e-brief is also perfect for incorporating multimedia exhibits. A case involving video, audio and/or animations benefits greatly from utilizing the e-brief CD-ROM. Some common examples include patent infringement and entertainment industry disputes.
Many federal and state appellate courts now have the capacity to easily make e-briefs available on portable platforms such that judges can read the e-brief on their iPad or tablet of preference. This judicial preference toward portable consumption is projected to grow over the coming years.
Whether technical, voluminous or multimedia dependent, your appeal may be primed to reap the rewards of an e-brief. AppellateU offers the following resources to further explore the benefits of an e-brief:
1. Make Your Case with a Digital Brief
(The Free Library)
2. Record Press e-Brief Advantage
(Record Press, Inc.)
3. Hyperlinked Electronic Briefs: An Improved Presentation Format for Your Argument
(Attorney At Law Magazine)
4. Benefits of an e-Brief
(Record Press, Inc.)
About the Author: Natasha R. Monell, Esq, is Vice President of Appellate Management & Staff Counsel, and heads up our team of appellate advocates at Record Press, Inc., where her appellate filing expertise has been a highly sought after commodity for well over 15 years. Ms. Monell specializes in New York State Appellate Courts, all Federal Circuit Courts and United States Supreme Court filings and strategies that advance any litigation teams’ appeal to perfection.