The Supreme Court has adopted a revised version of its Rules to implement electronic filing.  The revisions will take effect when the electronic filing system becomes operational on November 13, 2017.  Highlights from the revisions are reproduced below,* in order of importance:

Rule 29. Electronic Filing:

“In addition to the filing requirements set forth in

[Rule 29], all filers who are represented by counsel must submit documents to the Court’s electronic filing system….”

This requirement is in addition to the mandatory paper filing requirements as set forth in the Rules.  It applies to all documents to be presented to the Court, unless otherwise directed.

In addition to electronically filing briefs and appendices, the following letters should be electronically filed:

  • Motions for an extension of time (and responses thereto);
  • Notices under Rule 12.6 of a petitioner’s view that a party below no longer has an interest in the outcome of a petition (and responses thereto);
  • Amendments to corporate disclosure statements or party name changes;
  • Substitutions of public officers;
  • Renewed applications;
  • Waivers of the 14-day waiting period; and
  • Letters that are submitted in response to a specific request from the Court.

Electronic Registration. Before submitting documents through the electronic filing system, attorneys must register at Only members of the Supreme Court Bar and attorneys appointed for a particular case under the federal Criminal Justice Act are eligible to register (pro se filers are exempt).

Format and Size of Documents.  Documents submitted through the electronic filing system should be in the PDF/A format.  The maximum size of any single computer file that can be uploaded to the electronic filing system is 100MB.

Posting of Documents. Electronic versions of all documents filed with the Court (except those containing sealed material or otherwise exempt from electronic posting) will be made available to the public without charge on the Court’s website at

Rule 9. Appearance of Counsel:

The revised electronic filing system will call for attorneys to submit a notice of appearance via the Court’s website.  The submission of a case-initiating document (e.g., a petition for a writ of certiorari, jurisdictional statement, etc.) will serve as a notice of appearance for the filer. But a filer seeking to submit any other filings (a brief in opposition, amicus brief, etc.) will be required to enter a notice of appearance in that case.

Rule 37. Brief for an Amicus Curiae:

In an effort to simplify the filing process, amici filers no longer need to include evidence of written consent.  Amici should still make proper footnote one averments regarding notice of intent to file, parties’ consent, etc.

Rule 33. Document Preparation:

Forty copies of a booklet-format document shall be filed; and one unbound (formatted) copy of the document on 8½- by 11-inch paper shall also be submitted.

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* The revisions and Court guidance notes are available on the Court’s website: