Rule 15 Format for Papers, Motions, and Briefs; Filing and Service.

(a) Format, Caption, and Footnotes. The use of both sides of a sheet of paper is encouraged. All printed matter must appear in at least fourteen point type on opaque, unglazed paper. All papers and motions shall be firmly bound at the left margin in a secure manner that does not obscure the text, and that permits the document to lie reasonably flat when open. All staples or fasteners shall be covered, and must have smooth edges. Use of backbones or spines without stapling or fastening is prohibited. All papers and motions shall have margins on both sides of each page that are no less than one inch wide, and margins on the top and bottom of each page that are no less than three-quarters of an inch wide. All papers and motions shall consist of pages not exceeding eight and one-half by eleven inches in size, with double spacing between each line of text. Copies may be used for filing and service if they are legible, except that an original signature shall be required by the movant on at least one copy of each document. A motion or other paper addressed to the Supreme Court shall include in the caption the title of the case, the docket number, reference to the Superior Court docket number and the judicial division of St. Thomas/St. John or St. Croix, and a descriptive title indicating the purpose of the paper. The covers of all papers and motions shall contain the name(s), address(es), phone number(s), and facsimile number(s) of counsel for the party or parties on whose behalf the paper is submitted, or, if the party is proceeding pro se, the name, address, phone number(s), and facsimile number(s) of the party; and the names of counsel for opposing parties. The cover of the brief of the appellant shall be blue; that of the appellee, red; that of an intervenor or amicus curiae, green; and that of any reply brief, gray. The cover of the appendix shall be white. Where a transparent cover is utilized, the underlying cover sheet of the brief or appendix must nevertheless conform to the color requirements. The front covers of all briefs and appendices shall contain: (1) the number of the case; (2) the title of the case (see Rule 5(e)); (3) the judicial division and docket number of the Superior Court action below; (4) the title of the document (e.g., Brief for Appellant, Appendix); and (5) the names, addresses, phone number(s), and facsimile number(s) of counsel representing the party on whose behalf the document is filed. The briefs and appendices shall conform to Rules 22 through 25. All appendices shall be separate from the briefs and no attachments shall be appended to the briefs. All documents included must be clearly legible. Copies of the reporter's transcript and other papers may be inserted in the appendix. All pages of the appendix shall be clearly and sequentially numbered. Excessive footnotes in briefs and motions are discouraged. Footnotes shall be printed in no less than fourteen point type.

(b) Filing. Papers required or permitted to be filed in the Supreme Court shall be conventionally or electronically filed with the Clerk of the Supreme Court in accordance with Rule 15(f) and 40.3, but filing shall not be timely unless the papers are received by the Clerk within the time fixed for filing. It is the responsibility of the attorney or pro se party to correctly file all documents, including orders, TPOs, bond receipts, and notices of appearance. It is further the responsibility of the attorney or pro se party to bring all errors to the attention of the Supreme Court. Failure to file any accompanying documents that are required pursuant to any of these Rules may result in the filing being rejected before or after docketing, and/or may result in the issuance of sanctions against the party or against the attorney without further warning. When a brief or motion includes a citation from another jurisdiction that is not available in the Supreme Court library, a copy of the case cited must be attached. All citations shall be according to the Uniform System of Citation. If a decision of the Supreme Court of the Virgin Islands is cited, the citation must indicate that it is a Supreme Court case. Failure to adequately cite authority may result in rejection of argument. In accordance with ethical standards, any attorney who (1) appears to mislead the Court by providing law from another jurisdiction when this jurisdiction's law gives contrary analysis, or (2) does not present otherwise controlling contrary law, will be subject to such sanctions as the Court deems appropriate.

(c) Required Redactions. Parties, attorneys, or other persons filing any document, except for the Clerk of the Superior Court, whether electronically or on paper, must refrain from including, or must partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Supreme Court, including exhibits thereto, whether filed electronically or on paper, unless otherwise ordered by the Supreme Court:

(1) Social Security numbers. If an individual’s Social Security number must be included, only the last four digits of that number should be used.

(2) Names of minor children and victims of sexual assault crimes. If the involvement of a minor child or a victim of a sexual assault crime must be mentioned, only the initials of that child or victim should be used.

(3) Dates of birth. If an individual’s date of birth must be included, only the year should be used.

(4) Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.

(5) Home addresses. In criminal cases, if a home address must be included, only the city or island and the state or territory should be listed. A party wishing to file a document containing the personal data identifiers listed above may:

(1) File an un-redacted version of the document under seal; or

(2) File a reference list under seal. The reference list must contain the complete personal data identifier(s) and the redacted identifier(s) used in their place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal, and may be amended as of right. The un-redacted version of the document or the reference list must be retained by the Supreme Court as part of the record. The Supreme Court may, however, require the party to file a redacted copy for the public file. The responsibility for redacting these personal identifiers rests solely with the party, attorney, or other person filing the document. Although the Clerk of the Supreme Court will typically not review each pleading for compliance with this requirement, filed documents which do not conform to these requirements may be rejected by the Clerk of the Supreme Court before or after docketing in accordance with Rule of Appellate Procedure 20, and parties, attorneys, or other persons who fail to fully comply with this requirement may be sanctioned in accordance with the Rules of Appellate Procedure.

(d) Service of Documents by Electronic Means. The Notice of Electronic Filing that is generated by the Clerk of the Supreme Court through the Virgin Islands Supreme Court Electronic Filing System (VISCEFS, as defined in Rule 40.1(2)) constitutes service of the filed document on all parties or attorneys to the appeal or original proceeding who have properly registered as "Filing Users" with the VISCEFS system, as set forth in Rule 40.2. Parties and attorneys who are not Filing Users must be conventionally served by the e-filer with a copy of any document filed electronically in accordance with Rule 40.2. The certificate of service accompanying a document that has been e-filed must state either that the other party is, or is represented by, a Filing User and will be e-served by the Notice of Electronic Filing or that the other party will be conventionally served in accordance with Rule 40.4. If a party is to be conventionally served, the certificate of service must also indicate which method of conventional service authorized by Rule 40.4 will be used to effectuate service. The Notice of Electronic Filing generated by the VISCEFS system does not replace the certificate of service required by this Rule 15(d). Notwithstanding this Rule 15(d), the Notice of Electronic Filing shall not constitute electronic service when a Filing User e-files a document in a sealed case. All documents e-filed in a sealed case shall be conventionally served in accordance with Rule 15(e) and must contain a certificate of service that complies with Rule 15(e).

(e) Service of Documents by Conventional Means. Conventional service of any document required or permitted to be conventionally served upon a party may be accomplished by transmitting a copy of the document, at or before the time of filing, to the party’s counsel or, if the party is proceeding pro se, on the party, by personal service, mail, or any other means that does not constitute e-service that should result in the individual served receiving the document no later than the next business day. When a party is personally served, service shall be complete upon receipt of the document. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by facsimile is an acceptable method of conventional service of process on the parties, provided that the party to be served consents to service by facsimile. When time does not permit actual service on other parties, or the moving party has reason to believe that another party may not receive the motion in sufficient time to respond before the Supreme Court may act (as in certain emergency motions), the moving party must use professional diligence to notify such other parties by telephone, e-mail, and/or facsimile of the filing of the motion. If a document has been e-filed but served by conventional means on one or more parties, the certificate of service accompanying the document shall conform with Rule 15(d). If a document has been conventionally filed, the certificate of service shall contain an acknowledgment of service by each party served or proof of service in the form of a statement of the date and manner of service and of the names of each party served, certified by the person who made service.

(f) Conventional Filing of Documents.

(1) When Permitted. When required or permitted, conventional filing in the Supreme Court may be accomplished by hand-delivery of a paper document when the Office of the Clerk of the Supreme Court is open or by mail addressed to the Clerk of the Supreme Court.

(2) Conventional Filing by Inmates. A document conventionally filed by an inmate is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this Rule. Timely filing may be shown by a notarized statement setting forth the date of deposit and stating that first-class postage has been prepaid.

(3) Facsimile Filing Prohibited. Documents may not be filed by facsimile without prior authorization by the Clerk of the Supreme Court or the Supreme Court. Authorization may be secured only in situations determined to be of an emergency nature or other compelling circumstance. In such cases, the original signed document must be conventionally or electronically filed promptly thereafter.

(g) Signing Briefs, Motions, and Other Papers; Representations to the Court; Sanctions.

(1) Signature. Every petition, brief, written motion, and other paper filed in the Supreme Court must be signed by at least one attorney of record in the attorney's name — or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(2) Representations to the Court. By presenting to the Supreme Court a pleading, brief, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(i) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(ii) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(iii) the factual contentions have evidentiary support; and

(iv) the denials of factual contentions are warranted on the evidence. For purposes of this Rule 15(g), an electronic signature affixed to a pleading, brief, written motion, or other paper shall constitute signing of the document.

(3) Sanctions. If, after notice and a reasonable opportunity to respond, the Supreme Court determines that this Rule 15(g) has been violated, the Supreme Court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(h) Page Limits for Unrepresented Parties. Whenever these rules establish a words limit for the filing of a paper, motion, brief or other document, an unrepresented party who has not registered as a Filing User pursuant to Rule 40.2 may elect to comply with a page limitation instead. For purposes of these rules, one page shall be deemed equivalent to 260 words (i.e. an appellant’s brief filed by an unrepresented party may be either 7,800 words or 30 pages in length).