Practitioners: Say goodbye to goldenrod printed records (and COA briefs with colorful covers). As I previously predicted, both appellate clerks will no longer be mailing printed records to the parties. In the Court of Appeals, the previously titled “Notice of Mailing of the Printed Record” has been transformed into a “Notice of Filing of the Record on Appeal.”
This new notice discloses (1) that the parties will no longer be receiving the printed record by mail, (2) that the appellant must complete an Appeal Information Statement on the e-filing website before filing its opening brief, and (3) that because the record was filed on “date X”, the appellant’s brief must be filed on or before “date Y.” (How is that for customer-friendly service from our appellate clerks!).
Has anyone else speculated on whether the old docketing notice (a.k.a., the “Notice of Appellate Counsel”) and the old notice of mailing might be merged by the clerks into a new consolidate notice (perhaps sent by e-mail)? Presently, the answer is, “No.” Field reporter Jonathan McGirt reports that the postwoman delivered this updated docketing notice a few days before she delivered the new notice of filing. Still, a supplemental notice warns that the “Court is in the process of amending its notices and computer processes to reflect” the 2019 amendments. Keep your eyes open.
For those bemoaning the loss of our beloved goldenrod yellow, printed record, I have good news. Amazon already knows that the demand for goldenrod yellow paper is going down. It is offering a $4.00 coupon and free shipping for Goldenrod Printer Paper. And I thought I might never receive goldenrod paper in the mail again!
Update: I learned this a.m., that starting with cases filed this year (COA19-XXX), the Court of Appeals will no longer be mailing out printed copies of the record or briefs . Invoices will continue to be sent for records and briefs because these documents must still be scanned, placed online (www.ncappellatecourts.org), and printed for the Court’s use in reviewing appeals. For cases filed last year (COA18-XXX), the Court of Appeals will continue operating under the old rules and mail out copies of those records and briefs. The Supreme Court will continue to mail briefs to the parties/counsel–at least for the time being.
h/t Jonathan McGirt