Earlier this month, I was getting ready to file a response to a Petition for Writ of Mandamus with the Texas Supreme Court. When it came time to file, I had to make a decision: e-file or file hard copies. My first inclination was to just file paper briefs. I figured that would save me the frustration of dealing with the e-file system. But, priding myself on running a paper free (as best as I can) office, I thought better of the decision. I decided to deal with the frustration, learn the e-filing system, and just file electronically. And that is what I did. But, in doing so I realized — it really makes no difference. Why? Because if you e-file, you have to deliver extra paper copies to the court by the next business day. And, if you file paper briefs, you have to email an electronic copy to the Court. The only real benefit I found with e-filing was that I did save the cost of making a few extra copies. I saved one very very small tree. And, I guess my Fed Ex package was a little lighter than it otherwise would have been. So, there was some cost savings too.
Saving appellate practitioners and those dabbling in the appellate arts the challenge of making the decision I had to make, the Texas Supreme Court is making e-filing mandatory as for September 12th. My only request to the great Court in the future is to find a way to save us non-Austin lawyers the Fed Ex expense by requiring paper copies be mailed to the Court within the next week (instead of the next day). Really, we know the Court is not going to be looking at the briefs anytime soon, anyway.
For Don Cruse’s article detailing the e-filing requirements, click here.
Rosalyn,
Thanks for the mention! There is one wrinkle in the new order that might make you even happier — the paper copies will be due on the third business day, not the next day. It’s not quite as much time as you suggest, but it should be enough time for in-state postal mail.
The big change for me has been not having to rush to the print shop by noon and crossing my fingers that they can get everything done. I can instead focus on the substance of the brief, dealing with the paper copies later.
Don
Thanks for the comment, Don.