Third Circuit simplifies appendix procedure

The Third Circuit yesterday issued this order eliminating the option of filing an appendix in hard-copy form only (emphasis added):

In order to assist attorneys in adapting to electronic filing, the Clerk’s Order of March 17, 2009 created an alternative option for filing the appendix. Option B permitted the filing of the appendix in paper form only, provided that additional citations to the district court record were used in the brief. It appearing that so few attorneys use Option B that it is no longer necessary, at the direction of the Court the Clerk’s Order of March 17, 2009 is hereby vacated. All attorneys and all pro se litigants who file electronically must file the full appendix in electronic form. Four paper copies of the appendix must be filed with the court. Service by alternate means must be made on all parties who are not CM/ECF Filing Users. L.A.R. 31.1(d) and L.A.R. Misc. 112.4(a). Indigent litigants are referred to L.A.R. 30.2 for motions to proceed on the original record. Attorneys should contact the CM/ECF help desk to resolve problems with electronic filing.

Howard Bashman has posted about the change on How Appealing, agreeing that Option B was rarely used and predicting few will miss it. I agree.