In December 2006, the 8th U.S. Circuit Court of Appeals began implementing its appellate electronic case filing system--and other federal appellate courts are quick to follow. North Carolina, Florida, New York, and California are only a few states that now require that all legal appeals be completed electronically.

In the federal court system, motions, briefs, and exhibits are all being recorded electronically instead of on paper. Attorneys across the nation are joining this trend and making all their legal documents electronically accessible in response to increasing numbers of clientele and the need for greater efficiency. In this day, recording information and filing by hand has become a tradition of the past.

Many members of the legal field, who were initially skeptical of moving to an electronically based filing system, found that it proves to be much more organized, and allows files to be accessed quicker than ever before. For those who dislike reading papers via the computer, printing out the files always remains an option. One significant advantage of electronic filing for judges and attorneys is that they can file and serve clients and review cases on any day, and at any time, without relying on the Clerk of Court's office. Federal appellate judges must now decide whether to require the filing of paper copies of briefs and appendices in addition to the electronic copies. Here, many states have chosen to stand out by requiring only the electronic copies. This way, multiple account holders can simultaneously access the document, decreasing the risk of files getting lost or destroyed.

Unfortunately, even today not all documents that could be reproduced in an appendix on appeal are available electronically through federal district courts' electronic systems. Trial court transcripts, for example, are not available for download, perhaps reflecting the power of court reporters, who apparently have prevailed on judges to prevent that access, thereby making it more difficult for attorneys to obtain such transcripts without paying a court reporter for them. In addition, copies of exhibits used at trial are not commonly filed electronically in the federal district court.

Although federal appellate courts are unlikely to immediately eliminate the requirement that paper copies of the appellate briefs be filed in addition to an electronic copy, many expect that these courts will ultimately do away with this rule. Federal appellate judges, will, over time, become accustomed to reading and evaluating briefs on a computer terminal. And attorneys will catch on to the time-saving and organizational benefits that electronically based data systems offer.

What does this mean for our future? Businesses, schools, and other organizations are being encouraged to follow the Court of Appeal's example and begin recording all significant documents electronically to ensure safe holding and instant access. Electronically based data systems, as shown by the U.S. Circuit Court, have replaced bulky filing cabinets and have proven to make the Circuit Court of Appeals and Law Offices more effective and efficient institutions.

Sources: For more information about the legal technology environment and how it will affect your firm, please visit http://www.crocodileconsulting.com.

Electronic Frontier Foundation (2007). "Electronic Appeals."