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20 Apr, 2018

Supreme Court Electronic Filing: Waivers and Extensions

2019-03-18T18:47:13-05:00April 20th, 2018|Tags: , , |

  Generally, filings submitted by parties represented by counsel must be submitted through the Court’s electronic filing system. When filing any type of brief, electronic filing is in addition to paper copy filing.  However, the following seven documents are submitted only through the Court’s electronic filing system: Motions for an extension of time (and responses [...]

18 Jul, 2017

A Note on Seventh Circuit Jurisdictional Statements

2019-03-18T18:47:16-05:00July 18th, 2017|Tags: , |

Federal appellate court practice can be a daunting experience, especially if you practice in multiple circuits. While the circuits share many common rules and practices, many of the circuits also have unique features that are important to be aware of. Federal Rule of Appellate Procedure 28(a)(4) states that one of the things that must be [...]

27 Apr, 2017

For Want of a Comma

2019-03-18T18:47:17-05:00April 27th, 2017|Tags: , |

“For want of a comma, we have this case.” This is the opening sentence to a recent opinion from the United States Court of Appeals for the First Circuit.  In O'Connor v. Oakhurst Dairy, No. 16-1901 (1st Cir. 2017), the First Circuit ruled on whether a missing Oxford comma in an overtime exemption statute entitles [...]

4 Apr, 2017

Staff Spotlight: Daryll Naegele

2019-03-18T18:47:17-05:00April 4th, 2017|Tags: , , , |

Cockle Legal Briefs employs attorneys, paralegals, typesetters, printers, accountants, and salesmen to produce about 1,300 Supreme Court briefs a year and files documents in every Federal court of appeals in the country.  Whatever they do, whatever position they fill, Cockle people share a passion for helping their clients.  Meet some of the people who work [...]

18 Jan, 2017

Filing a Supreme Court Brief in Opposition in 8 ½- by 11-Inch Format

2019-03-18T18:47:19-05:00January 18th, 2017|Tags: , , , , |

The Supreme Court provides two avenues for paper filings: (one) booklet format, and (two) 8 ½- by 11-inch format.  The Court even keeps separate public dockets for these types of cases.  Booklet format filings begin at docket number “__-1” and 8 ½- by 11-inch format, better known as in forma pauperis (IFP) filings, begin at [...]

7 Jul, 2016

Electronic “Filing” and the Supreme Court

2019-03-18T18:47:21-05:00July 7th, 2016|Tags: , , , , , |

  Courts “often choose to be late to the harvest of American ingenuity," wrote Chief Justice John Roberts Jr., in the Supreme Court's 2014 year-end report on the state of the federal judiciary.  "Courts understandably proceed cautiously in introducing new information technology systems until they have fairly considered how to keep the information contained therein [...]

20 Jun, 2016

Fair or foul, Cockle’s Connections to the Supreme Court by way of the College World Series

2019-03-18T18:47:21-05:00June 20th, 2016|Tags: |

How are Cockle Legal Briefs and the United States Supreme Court linked?  (Other than the fact that Cockle has been printing briefs for filing with the Supreme Court since 1923.) Through the College World Series, of course. Here is the linkage between the Court and Cockle by way of the baseball championship (which began this [...]

15 Mar, 2016

Petition Appendix (pt 5)

2021-01-12T12:27:30-06:00March 15th, 2016|Tags: |

The first four parts of this series covered the Supreme Court appendix contents that are either required or that are too lengthy to leave in the brief. This final installment addresses a provision that allows pretty much anything, but that should be used with caution. Other Material Believed Essential. Rule 14.1(i)(vi) is the tempting catchall [...]

10 Mar, 2016

Petition Appendix (pt 4)

2021-01-12T12:26:56-06:00March 10th, 2016|

Rehearing Denial. The last required appendix document may or may not exist, but if it does, it goes at the end of the required category. This would be an order denying rehearing by the court that issued the final judgment you are directly challenging. Rule 14.1(i)(iii). Or the last document may be something else, depending [...]