L.A.R. Misc. 113.13: Hyperlinks

(a) Electronically filed documents may contain the following types of hyperlinks:

(1) Hyperlinks to other portions of the same document; and

(2) Hyperlinks to a location on the Internet or PACER, e.g. the appendix, that contains a source document for a citation. If hyperlinks are used in the brief, counsel must also include immediately preceding the hyperlink a reference to the paper appendix page. Hyperlinks to testimony must be to a transcript. A motion must be filed and granted seeking permission to hyperlink to an audio or video file before such links may be included in the brief or appendix. Hyperlinks may not be used to link to sealed or restricted documents.

(b) Hyperlinks to cited authority or documents may not replace standard citation format. Complete citations to paper documents if available must be included in the text of the filed document. If a cited reference is available on the internet only, a complete citation to the internet site must be included in addition to the hyperlink. A hyperlink, or any site to which it refers, will not be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filed document. The court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site might be linked. The court accepts no responsibility for the availability or functionality of any hyperlink.

(c) Hyperlinks do not replace paper copies of the appendix. Four paper copies of the appendix must be filed in accordance with L.A.R. 30.1.

Hyperlinks are a connection from one point of electronic data to another. Because hyperlinks might be to sites outside the control of the court, the court cannot take responsibility for the viability of those links, nor does it take responsibility for the content of any linked site. Because hyperlinks are not considered part of the record, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the content of the filed document. Hyperlinks are a convenient means of accessing material cited in electronic documents. Any electronically filed document that contains a hyperlink must also contain the standard citation to the same material. This requirement ensures that anyone working with a printed version of the document has the necessary citation, and that subsequent failure of a hyperlink will not preclude finding the cited material. Just as the complete text of a document cited in a brief or other filing in support of a legal proposition, unless specifically quoted, is not considered part of the brief, the hyperlink and the site to which it refers are not considered part of the brief. Thus, they will not be considered part of the court’s record.