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WHAT DO I NEED TO KNOW ABOUT A CERTIFICATE OF COMPLIANCE?

Wednesday, January 18, 2017

WHAT DO I NEED TO KNOW ABOUT A

CERTIFICATE OF COMPLIANCE?

You MUST complete a certificate of compliance and place it as the last document in your brief and other papers in accordance with FED. R. APP. P. 32(g)(1).  

(g)  Certificate of Compliance.

(1)  Briefs and Papers That Require a Certificate.  A brief submitted under Rules 28.1(e)(2), 29(b)(4), or 32(a)(7)(B) – and a paper submitted under Rules 5(c)(1), 21(d)(1), 27(d)(2)(A), 27(d)(2)(C), 35(b)(2)(A), or 40(b)(1) – must include a certificate by the attorney, or an unrepresented party, that the document complies with the type-volume limitation.  The person preparing the certificate may rely on the word or the line count of the word-processing system used to prepare the document.  The certificate must state the number of words – or the number of lines monospaced type – in the document.

FED. R. APP. P. 32(g)(2) provides a “Form 6” Certificate of Compliance which counsel should use.  Note that to meet the requirements of FED. R. APP. P. 32(g), the certificate must state the number of words in the document.  A statement that the document has “fewer than 13,000” words is not sufficient. Further, to assist us in checking the accuracy of your certificate, we ask you to identify the name and version of the word-processing software you used, e.g., Microsoft Office Professional Word 13.