Court Submission Checklist
Pre-filing review run by the filing attorney and paralegal before a brief, motion, or pleading is submitted to court. Covers formatting compliance, citation check, exhibit assembly, signatures, and the e-filing or hand-delivery submission itself.
Filing Intake
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Confirm the filing deadline and court
Note the court (federal district, state superior, appellate, etc.), case number, judge, and statutory or scheduling-order deadline. Calendar the filing date plus a 4-hour buffer before the midnight cutoff — filings stamped 12:01am count as next-day in most local rules.
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Identify the filing venue
Federal matters file through PACER / CM/ECF; state filings route through the state's portal (NYSCEF, Texas eFile, File & ServeXpress, Tyler Odyssey, etc.). The portal drives format requirements — PDF/A vs. text-searchable PDF, exhibit size limits, redaction rules.
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Pull the local rules and judge's standing order
Local rules govern font, margins, page or word limits, courtesy-copy requirements, and exhibit numbering. Many judges publish standing orders that override the local rule (e.g., 25-page limit instead of 30, mandatory hyperlinked citations). Read both before formatting.
Document Formatting
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Apply court-required margins, spacing, and font
Typical federal: 1-inch margins, double-spaced body, 14-point Times New Roman or Century Schoolbook. State rules vary — California uses line-numbered pleading paper; New York permits 12-point in some courts. Confirm against the specific local rule before applying styles.
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Verify page and line numbering
Pagination must be continuous including tables, caption, and signature block. Caption and table-of-contents pages use roman numerals in many federal courts. California pleadings require line numbers in the left margin (CRC 2.108).
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Run the page or word count against the limit
Federal Rule of Appellate Procedure 32(a)(7) and many district local rules now use word counts (e.g., 13,000 words for principal briefs). Word count excludes caption, signature, certificates, and tables. Over-limit filings get rejected at the clerk's desk; if you need an over-limit, file the motion for leave first.
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Confirm the caption matches the docket
Party names, case number, judge designation, and document title must match the PACER docket exactly. A misspelled party or wrong case number gets the filing kicked back and burns the deadline.
Citation and Content Review
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Cite-check every legal authority
Run every cite through Westlaw KeyCite or Lexis Shepard's to catch reversed, overruled, or distinguished cases. Confirm pinpoint cites resolve to the cited proposition. A cite to a vacated case in a federal brief is sanctionable under Rule 11.
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Bluebook the citation format
Standard is Bluebook 21st edition; California uses California Style Manual; some state courts permit ALWD. Watch parallel citations, signal use (e.g., see, cf., but see), and short-form citations after first reference.
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Verify factual statements against the record
Every factual assertion needs a record cite — deposition page:line, exhibit number, declaration paragraph. Reviewing partner should be able to put a finger on the record support for every sentence in the statement of facts.
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Proofread for typographical and grammatical errors
Read the brief out loud or use a different reader than the drafter — fresh eyes catch transposed party names, missing negatives, and broken cross-references. Check defined terms are used consistently throughout.
Exhibits and Attachments
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Assemble the exhibit list
Number exhibits sequentially (Exhibit A, B, C... or 1, 2, 3 — match the court's convention). Match each exhibit on the list to a tabbed attachment. Cross-check that every exhibit cited in the brief appears in the list and vice versa.
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Redact PII, account numbers, and minors' names
FRCP 5.2 requires redaction of SSNs (last four only), birth dates (year only), minors' names (initials only), and financial account numbers (last four only). Use Acrobat's redaction tool — not black highlighting, which can be lifted. State courts often layer additional rules (HIPAA, family-court sealing orders).
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Flatten and OCR the exhibit PDFs
Most e-filing portals require text-searchable PDF and reject image-only scans. Flatten annotations and form fields so they don't print as comment bubbles. Confirm total combined file size is under the portal limit (often 35MB per document, 100MB per submission).
Signature and Verification
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Capture the filing attorney's signature
For CM/ECF, the /s/ Name convention satisfies the signature requirement when the filer's login is used. State portals vary — some require a wet signature scanned in, some accept DocuSign, some require notarization of accompanying declarations.
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Notarize sworn declarations or verifications
Verified pleadings and affidavits need notarization; 28 U.S.C. § 1746 declarations under penalty of perjury do not. Check the underlying statute or rule — verified complaints in shareholder derivative suits and replevin actions require true notarization, not unsworn declarations.
Filing and Service
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Calculate and pay the filing fee
Federal civil filing fee is $405 as of 2024; appellate is $605; motions vary. State fees range widely. Confirm the firm credit card on the portal has sufficient limit — a declined card at 11:55pm has missed the deadline. Costs are typically advanced from the operating account and billed back to the client.
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Prepare hand-delivery copies for the clerk
Original plus the clerk's required number of copies (often 1-3), plus a conformed copy for the firm file. Bluebacks required in some state courts. Bring an extra date-stamp copy for opposing counsel if serving at the courthouse.
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Submit through the e-filing portal
Build in a 4-hour buffer before the midnight cutoff. Watch for the portal's confirmation screen — close the browser too early and the filing may not complete. Save the Notice of Electronic Filing (NEF) the moment it arrives.
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Cure the rejection and resubmit
Read the clerk's rejection notice carefully — common reasons are missing certificate of service, wrong document-type code, or unsearchable PDF. Fix the defect and refile under the original deadline; in most jurisdictions a timely-rejected filing does not get a grace period unless local rules say otherwise.
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Serve opposing counsel and file the certificate of service
CM/ECF service via NEF is automatic for registered counsel; pro se parties and non-registered counsel require separate service (email per stipulation, mail, or hand delivery). The certificate of service must list method, date, and recipient for each party.
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Save the NEF and update the matter file
Save the Notice of Electronic Filing PDF to the matter folder in the DMS (NetDocuments, iManage, Clio Documents). Update the docket in the practice-management system with filing date, document number, and next response deadline. Calendar any responsive-pleading or reply deadline triggered by this filing.
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