The purpose of any legal brief is obviously to convince the reader (the court) to adopt your argument. One way to make your argument easier to follow and adopt is by hyperlinking your citations to authority and the record.
Courts across the country, at both the State and Federal levels, are increasingly expressing their preference for hyperlinked legal briefs—and in some cases, requiring them. It can be difficult to remember which courts require what, so we’ve summarized it for you here.
This guide is accurate as of August 2023 and we will continue to update it as new guidelines are published.
State court hyperlinking requirements and preferences
Florida State Courts
Florida has not published any specific guidelines related to hyperlinking citations. The Florida Supreme Court does recommend that in order to enhance the accessibility of court filings in compliance with the ADA, “All hyperlinks should be active and use the fully-qualified URL, e.g., http://www.floridasupremecourt.org (as opposed to Florida Supreme Court).”
New York State Courts
In an amendment to Commercial Division Rule 6 in 2020, the New York Supreme Court required the inclusion of hyperlinks. This publication by Yankwitt LLP and another by Schlam Stone & Dolan LLP outline the key changes. The full text of Administrative Order 133/20 implementing the changes can be accessed on the court’s website.
Texas State Courts
In the Supreme Court of Texas’ Guide to Creating Electronic Appellate Briefs, the court asks attorneys to consider using hyperlinks in their briefs. The court notes that although hyperlinks are not required by the court, “justices and their staff frequently comment that they like hyperlinked briefs.” The court goes on to provide instructions on how to create hyperlinks in various word-processing systems.
In 2015, the Texas Courts of Appeal implemented the Texas Appeals Management and E-Filing System (TAMES). This program automatically adds hyperlinks to case and statute citations in briefs filed electronically in Texas state appellate courts. You can read more on the enactment of this program here and here.
California State Courts
Pursuant to California Rules of Court, Rule 8.74, “hyperlinks to legal authorities and appendixes or exhibits are encouraged.”
The California Courts of Appeal Guide to Creating Electronic Documents/Filings provides instructions on how to create hyperlinks and a general overview, stating:
In the internet research world, hyperlinks are a standard way of “drilling down” for more detail or specific information. Just as all web pages contain links to other pages, cases downloaded from legal research services such as Westlaw or Lexis contain links to the cases, statutes, articles, or other sources cited within the opinion. The links allow immediate access by the reader to these referenced materials.
Attorneys can include links to cited law and their Appendix or Clerk’s Transcript and Reporter’s transcript, adding another level of persuasion to their writing. Hyperlinks in briefs and other court filings provide quick, easy, and pinpoint access to particular sections of a case, or to specific filings in the court’s record. The attorney can thereby highlight the precise issue presented, and the specific evidence and controlling or persuasive law the court should consider.
Though it is not required, rather preferred, hyperlinks in court filings are very beneficial for court chambers. Court submissions which include links to relevant case law and case filings are easy for chambers staff to review. The attorneys’ arguments can be immediately verified in the context of the relevant law. The justice or judicial clerk is able to read the text of the cited case law on one screen while reading the attorney’s brief on the other. And if a brief contains links to referenced exhibits, and even to specific pages within those exhibits, the judge or judicial clerk can access the relevant evidence without having to navigate through the paper record. Particularly when dealing with large and complex cases, links save chambers considerable time and effort. Links make it easy for the court to verify – and adopt – the positions taken by an advocate.
Federal court hyperlinking requirements and preferences
First Circuit Court of Appeals
Local Rule 25.0. Electronic Case Filing System and Facsimile
(n) Hyperlinks. Electronically filed documents may contain hyperlinks except as stated herein. Hyperlinks may not be used to link to sealed or restricted documents. Hyperlinks to cited authority may not replace standard citation format. Complete citations must be included in the text of the document. A hyperlink, or any site to which it refers, will not be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material in a document. The court accepts no responsibility for the availability or functionality of any hyperlink, and does not endorse any product, organization, or content at any hyperlinked site, or at any site to which that site might be linked.
Second Circuit Court of Appeals
Local Rule 25.1 Case Management/Electronic Case Filing (CM/ECF)
(i) Hyperlinks. A document filed under this rule may contain hyperlinks to (i) other portions of the same document or to other documents filed on appeal; (ii) documents filed in the lower court or agency from which the record on appeal is generated; and (iii) statutes, rules, regulations, and opinions. A hyperlink to a cited authority does not replace standard citation format.
Third Circuit Court of Appeals
The Third Circuit launched an Appendix-Hyperlinking Pilot Project, read more on the project at Matthew Stiegler’s blog regarding News from the Third Circuit Court of Appeals.
Third Circuit Local Appellate Rule 113.13 Hyperlinks
(a) Electronically filed documents may contain the following types of hyperlinks:
(1) Hyperlinks to other portions of the same document; and
(2) Hyperlinks to a location on the Internet or PACER, e.g. the appendix, that contains a source document for a citation. If hyperlinks are used in the brief, counsel must also include immediately preceding the hyperlink a reference to the paper appendix page. Hyperlinks to testimony must be to a transcript. A motion must be filed and granted seeking permission to hyperlink to an audio or video file before such links may be included in the brief or appendix. Hyperlinks may not be used to link to sealed or restricted documents.
(b) Hyperlinks to cited authority or documents may not replace standard citation format. Complete citations to paper documents if available must be included in the text of the filed document. If a cited reference is available on the internet only, a complete citation to the internet site must be included in addition to the hyperlink. A hyperlink, or any site to which it refers, will not be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filed document. The court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site might be linked. The court accepts no responsibility for the availability or functionality of any hyperlink.
(c) Hyperlinks do not replace paper copies of the appendix. Four paper copies of the appendix must be filed in accordance with L.A.R. 30.1.
Fourth Circuit Court of Appeals
Local Rule 25(a). Electronic Case Filing System.
(12) Hyperlinks. Electronically filed documents may contain hyperlinks to: other portions of the same document or other documents filed on appeal; documents filed in the lower court that are part of the record on appeal; and statutes, rules, regulations, and opinions. Hyperlinks do not replace citations to the appendix, record, or legal authority and are not considered part of the appellate record. Documents must contain standard citations in support of statements of fact or points of law, in addition to any hyperlink. The Court accepts no responsibility for the availability or functionality of any hyperlink and does not endorse any organization, product, or content at any hyperlinked site.
Pursuant to Local Rule 28(g), the Fourth Circuit Court of Appeals has implemented a Citelinks utility within the court’s CM/ECF system. This program hyperlinks appendix citations in the briefs to the cited page of the appendix. The Citelinks functionality requires that counsel paginate the appendix using Bates page numbering and a standard format and that citations to the appendix in the brief follow the same format. Citelinks leaves the official filing in PACER unchanged but creates hyperlinks in copies of the briefs and appendices used by the Court.
You can read more on the adoption of Local Rule 28(g), amendment of local rules 25(a) & (b), 30(b) & 31(d), and amendment of internal operating procedures 47.1 & 47.2 here. The Fourth Circuit’s Appendix Pagination and Brief Citation Guide is also a helpful resource.
Fifth Circuit Court of Appeals
The Fifth Circuit Court of Appeals launched a computer program that automatically hyperlinks citations to the Electronic Record of Appeal when the citations are properly cited in the standardized format. You can read more on this program here.
Hyperlinks. Electronically filed documents may contain the following types of hyperlinks:
Hyperlinks to other portions of the same document;
Hyperlinks to PACER that contains a source document for a citation;
Hyperlinks to documents already filed in any CM/ECF database;
Hyperlinks between documents that will be filed together at the same time;
Hyperlinks that the clerk may approve in the future as technology advances.
Hyperlinks to cited authority may not replace standard citation format. Complete citations must be included in the text of the filed document. A hyperlink, or any site to which it refers, will not be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filed document. The court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site might be linked. The court accepts no responsibility for the availability or functionality of any hyperlink.
Sixth Circuit Court of Appeals
The Sixth Circuit has not published hyperlinking guidelines.
Seventh Circuit Court of Appeals
The Seventh Circuit has not published hyperlinking guidelines.
Eighth Circuit Court of Appeals
The Eighth Circuit has not published hyperlinking guidelines.
Ninth Circuit Court of Appeals
On their Frequently Asked Questions page, the Ninth Circuit discusses the standards regarding the appearance and formatting of hyperlinks. Specifically, the court notes:
Electronically-filed documents may contain hyperlinks. Hyperlinks do not replace citations to the record, Excerpts of Record, or legal authority. Documents must contain standard citations in support of statements of fact or points of law, in addition to any hyperlink. Hyperlinks are simply mechanisms for accessing material cited in a filed document and are not considered part of the appellate record. The Court accepts no responsibility for the availability or functionality of any hyperlink and does not endorse any organization, product, or content at any hyperlinked site.
Hyperlinks to District Court documents are optional. However, parties must include the documents themselves in the excerpts of record, attachment, or exhibit.
The Ninth Circuit provides instructions on creating hyperlinks in their CM/ECF User Guide.
Tenth Circuit Court of Appeals
The Tenth Circuit’s CM/ECF User’s Manual notes that “[b]riefs may contain hyperlinks to documents already on the docket or to attachments to the brief being filed. Consequently, if you plan on hyperlinking to an appendix, you must first file the appendix using the court’s ECF system. Once the appendix is filed, you may then create hyperlinks in your brief to the docketed appendix volumes.” Instructions on creating hyperlinks can be found in Part IV, Section H of the Manual.
Eleventh Circuit Court of Appeals
The Eleventh Circuit has not published hyperlinking guidelines.
Federal Circuit Court of Appeals
The Federal Circuit has not published hyperlinking guidelines.
D.C. Circuit Court of Appeals
(c) Hyperlinks.
(1) Electronically filed documents may contain the following types of hyperlinks:
- Hyperlinks to other portions of the same document or to other documents filed in the case;
- Hyperlinks to documents that are part of the record on appeal or the record on review or enforcement of an agency order;
- Hyperlinks to authorities cited in the document.
(2) Hyperlinks do not replace standard citations to authority and parts of the record; standard citations must be provided in addition to any hyperlink. Hyperlinks are simply mechanisms for accessing material cited in a filed document and are not considered part of this court’s record. The court accepts no responsibility for the availability or functionality of any hyperlink and does not endorse any product, organization, or content at any hyperlinked site.
Other helpful resources
Attorney Guide to Hyperlinking in the Federal Courts, published by the District of Nebraska.
The Leap from E-Filing to E-Briefing, published by the Council of Appellate Lawyers.