News Post

By Scott Mitchell, Alabama Court of Criminal Appeals Clerk

Preparing an appellate brief can be a challenging endeavor, requiring not only a persuasive legal argument with accurate citations but also adherence to specific formatting rules and requirements. One such rule, the dual pagination requirement using both Roman and Arabic numerals, has long been a staple in Alabama appellate practice as well as a pain sometimes for attorneys and their support staff when formatting a brief.

However, relief is in sight with the forthcoming amendment to Rule 28, Ala. R. App. P., effective October 1, 2024. This amendment will help streamline formatting by mandating a single pagination scheme using Arabic numerals exclusively. The shift aims to address the growing complexities of the pagination of digital briefs, where discrepancies between dual pagination and PDF page numbers can hinder efficient document navigation.

The American Bar Association’s Council of Appellate Lawyers (CAL) provided valuable insights on enhancing electronic briefs in their 2017 white paper, The Leap from E-Filing to E-Briefing: Recommendations and Options for Appellate Courts to Improve Functionality and Readability of E-Briefs.[1]

This document suggested reforms to make digital briefs more functional, more readable, and more helpful. Alabama has already embraced some of the white paper’s recommendations, such as transitioning away from Courier New font and replacing page counts with word counts.

The CAL white paper also advocated for a single pagination scheme starting from the first page of the document to simplify navigation within digital briefs and pleadings. This approach ensures that the page number displayed in the footer corresponds accurately with the PDF page number, mitigating confusion during digital navigation.

Alabama’s appellate courts were national pioneers in electronic filing, yet the transition from paper to digital for the Courts has been gradual. The Interim Electronic Filing and Service Rule adopted in 2007 required attorneys to submit hard copies alongside digital briefs. The justices, judges, and court staff initially relied heavily on hard copies.  However, as we have moved into the digital age, the Courts have come to embrace digital briefs.  Recent amendments to the Alabama Rules of Appellate Procedure have eliminated the requirement for hard copies of digital briefs in the Court of Criminal Appeals, retaining the filing of hard copies in only very specific circumstances in the Court of Civil Appeals[2],  and reducing the number of hard copies of digital briefs to just two copies for the Alabama Supreme Court.  Given the Courts’ reliance on digital briefs, it made sense to implement the CAL’s recommendation of a single pagination scheme.

Effective October 1, 2024, all briefs and pleadings filed with Alabama’s appellate courts must comply with the single pagination scheme. Pagination will begin with the first page of the document and continue through the entire document. The page number, however, will not appear on the first page but will appear on all succeeding pages. For instance, in a brief, the cover will be considered page number 1, but this number will not appear on the cover itself. The statement regarding oral argument will be page number 2, and the number 2 will appear in the footer of that page. For a motion filed with the appellate courts, the first page of the motion will be page number 1. Again, like a brief, the page number will not appear on the first page. However, the pagination should appear in the footer of the second and succeeding pages.

This change promises to facilitate easier internal navigation of appellate filings, benefiting justices, judges, court staff, and legal practitioners alike. By using a single pagination scheme, Alabama aims to enhance the efficiency and readability of digital appellate filings, ultimately benefiting all parties involved in the appellate process.

With the implementation of this rule change, practitioners can anticipate a more streamlined approach to brief formatting, reducing the administrative burden associated with dual pagination and improving overall document management. This change underscores the Alabama Judiciary’s commitment to effectively using technology while meeting the needs of legal professionals.

[1] This white paper may be found at https://www.americanbar.org/content/dam/aba/administrative/appellate_lawyers/2017_cal_ebrief_report.pdf.

[2] The Court of Civil Appeals requires two hard copies of briefs in cases where an answer has ordered to a petition for extraordinary writ.