To reference both the record and appendix without having
unnecessary citations that may cause trouble with the word limit,
an Arizona appellate judge suggested citing both the appendix
and record on appeal the first time a document is cited, and thereafter citing only to the appendix. So the first cite might be to
“Appx. 5, IRA 38” and the ensuing cites would just be to “Appx.
5.” If the table of contents of the appendix identifies the record
citation for each of the items in the appendix, use of this technique will not run afoul of any citation rules.
Some judges on Division One routinely prepare for their cases
by reading and marking up briefs on tablets, and several take their
tablets to the bench with them for argument. Though preferences
vary among the judges, we were told that a hyperlinked, linked,
and bookmarked brief could be particularly useful to the judges
at argument because it would allow them to quickly view authorities and record items being discussed. Accordingly, you should
check that the technology used works on a tablet prior to filing.
• Second, it can be frustrating for a reader to be linked to an
appendix page without a way to quickly get back to the portion of the brief the reader last read. In the example above,
the link to the appendix might be on page 14 of the brief.
The link would take the judge 100 pages into the appendix,
leaving the judge to scroll back to the text she was last reading after she reviewed the linked portion of the record. We
propose, as a solution, the use of “back” buttons on the
appendix pages that the brief is linked to. This can be done
after the PDF is created. An example is in the image below.
Clicking the “back” button would take the reader back to the
page of the brief containing the link.
There are two pitfalls that are not mentioned in the e-filing materials that are important to know. Lawyers create briefs in word
processing programs—typically Microsoft Word. If your document contains a link or a hyperlink, it will be lost if you use the
“print as PDF” feature. Instead, lawyers should opt to save the
document as a PDF. Division Two has an excellent step-by-step
guide on how to save as a PDF in various word processing
Judges identified two further issues with hyperlinking to
authority. Arizona’s judges do not have access to Lexis. So when
hyperlinking to authority, filers should link to Westlaw or some other
source, such as Google Scholar. A second issue appellate staff identified
relates to how filers link to authority. Suppose you have found an authority
within search results in Westlaw. If you copy the link, you are copying a link to
your search, so when the Court clicks on that link, it will get an error message
because it cannot access that search. Instead, the filer should enter the citation for the case to
be cited into Westlaw, then copy that link. This may have been resolved with updates to Westlaw, but it is better to be cautious.
When hyperlinking to cases, we suggest hyperlinking the case name only rather than the entire cite. If the entire cite is linked, it can
create a sea of blue text within a paragraph that is distracting to the reader. Hyperlinking the case name alone resolves that problem.
The main limit on e-filings submitted through TurboCourt is the size limit, which is 20 MB in Division One, and 10 MB for Maricopa
and Pima County Superior Courts and the Arizona Supreme Court. That may sound large, but filers can quickly hit the limit in a docu-ment-intensive case, or in a case with photographs as exhibits. To stay within the limits, filers should ensure (where possible) that
exhibits to a filing are created in black and white, rather than in color, and reduce the resolution of the PDF images created. Division
One has prepared materials that are an excellent resource for these and other filing issues.
The size limit can affect what technology you can use in your filing. For example, if you are filing a brief in Division One, within
the brief itself you can use bookmarks and hyperlinks. It is only if you submit a combined brief and appendix that you will be able to
include links directing the reader to specific pages within the appendix.
2. See Division One, Tips for E-Filers in Division One—Conversions, Scanning, Bookmarks, Links and Hyperlinks, available at http://www.azcourts.gov/coa1/Electronic-Filing-Tips
Pitfalls, Tips Common
to All E-Filings