IOP VI: Briefs and Appendices

A. General. The court's website, www.ca1.uscourts.gov, contains guidelines and a checklist to assist counsel in preparing briefs. Counsel are advised that any brief that does not conform to the requirements of the rules may be rejected. For information regarding electronic document filing pursuant to the court’s electronic filing system, see 1st Cir. R. 25.0, a copy of which is available on the court’s website. Electronic filing is permitted after October 13, 2009 and is required for all attorney filings after January 1, 2010.

B. Modifications. The following modifications of the Fed. R. App. P. apply in the First Circuit:

1) One copy of the brief or petition must be filed electronically or on a computer generated disk. See 1st Cir. R. 32.0.

2) Only 10 copies, including the disk or electronic filing, need be filed.

C. Deferred Appendix. Note the Local Rules of this Court do not provide for the proceeding on a deferred appendix pursuant to Fed. R. App. P. 30(c). If special leave to proceed under this method is sought, and the Court grants such leave, the leave will be conditioned upon a shorter time schedule than the Fed. R. App. P. generally allow so that the processing of the appeal will not take any longer time than it would under the regular procedure.

D. Defaults. If the appellant fails to file the brief and appendix on time, the Clerk is authorized to enter an order dismissing the appeal, and when an appellee is in default as to filing a brief, the appellee will not be heard at oral argument. The party in default may remove the default by showing special circumstance justifying the failure to comply. Any motion to set aside a dismissal should be filed within fourteen days. See 1st Cir. R. 45.0.