Rule 62-7. Matters of Form; Filings; Delivery and Certification to Counsel of Record

(a) Counsel of record must file papers in a timely manner and in compliance with the appellate rules. The appellate clerk may return any noncomplying papers and shall indicate on the return how the papers have failed to comply with the appellate rules. If a party is exempt from the requirements of electronic filing pursuant to Section 60-8, the clerk shall upload copies of the noncomplying papers into the file before returning them. When a timely, noncomplying document is returned, a complying document will be deemed timely filed if it is refiled with the appellate clerk within seven days of the notice date indicated on the return. If a party is exempt from the requirements of electronic filing pursuant to Section 608, and a timely, noncomplying document is returned, a complying document will be deemed timely filed if it is refiled with the appellate clerk within fifteen days of the notice date indicated on the return. Subsequent returns for the same filing will not initiate a new refiling period. The refiling period shall not be extended. The time for responding to any paper shall not start to run until a complying paper is filed.

(b) All papers shall contain a certification that a copy has been delivered to each other counsel of record, except as provided in Section 63-4 (a)

(4) , which certification shall include the names and email addresses for counsel of record that were sent the document electronically, or the names and physical addresses for counsel of record that were sent or delivered a paper copy of the document. Papers filed by a party exempt from the requirements of electronic filing pursuant to Section 60-8, must also include certifications that (1) the document has been redacted or does not contain any names or other personal identifying information that is prohibited from disclosure by rule, statute, court order or case law; and (2) the document complies with all applicable Rules of Appellate Procedure. Parties that electronically file documents comply with (b) (1) and (b) (2) during the electronic filing transaction. Any request to deviate from the requirement regarding personal identifying information shall be filed with the appellate clerk pursuant to Section 67-2 (g) or 67-2A (g). Briefs and appendices require additional certifications pursuant to Section 67-2 or 67-2A. Other certifications may be required by the rules under which specific documents are filed.

(c) Any counsel of record who files a document electronically with the court must deliver it electronically to all other counsel of record, except as provided in Section 63-4 (a) (4), unless the intended recipient has notified the appellate clerk and all other counsel of record in writing that the recipient declines to accept electronic delivery of documents or the intended recipient is exempt from the requirements of electronic filing pursuant to Section 60-8. Any counsel of record who has signed an electronically filed document shall be deemed to have consented to electronic delivery under this section. Delivery by email is complete upon sending the electronic notice unless the party sending notice learns that the attempted delivery did not reach the email address of the intended recipient. If the intended recipient has declined to accept electronic delivery or is exempt from the requirements of electronic filing, a document shall be delivered to counsel of record by hand or by first class or express mail delivered by the United States Postal Service or an equivalent commercial service, postage prepaid, to the last known address of the intended recipient.

Committee Notes

(P.B. 1978-1997, Sec. 4014.) (Amended July 23, 1998, to amended June 18, 2014, to take effect Sept. 1, 2014; amended