The 31-Page Brief, the Portal Outage, and Exhibit 9
Paralegal Owen is preparing a motion for summary judgment for defendant Corbin Supply in a state trial court. The court’s local rule limits briefs to 25 pages, requires a separate statement of undisputed material facts, a proposed order, a certificate of service, and paper copies with tabbed exhibits. The motion is due Friday at 4:00 p.m. On Wednesday, Owen has a 31-page draft brief, 18 exhibits, and a separate statement that cites paragraphs in an affidavit but omits exhibit page numbers. Exhibit 9 is an urgent-care record containing a patient’s Social Security number and a diagnosis of a sexually transmitted infection. The client’s signed verification is missing. The e-filing portal will be down Friday from 2:00 p.m. to 6:00 p.m. for maintenance. The attorney will be in mediation Thursday and Friday and has said, “Just get it filed; we can correct it later.” The filing fee is $435, and the firm’s credit card has a $200 limit.
1. Build a filing checklist and identify the must-fix issues before anything is filed.
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Checklist before filing:
- Page limit: The brief is 31 pages; the local rule caps it at 25. Cut six pages or seek leave to exceed the limit. Do not split the brief into two documents to evade the cap.
- Separate statement: Add exhibit page numbers and record cites; paragraph cites to an affidavit alone may not satisfy the rule.
- Verification/declaration: Determine whether the motion requires a client verification or supporting affidavit. If a signed verification is required, obtain it before filing; if not, do not create one unnecessarily.
- Proposed order and certificate of service: Prepare both and confirm the service method and date.
- Exhibits and copies: Tab the 18 exhibits, confirm the court’s paper-copy requirement, and check the filing fee.
- Redaction: Fix Exhibit 9 before it goes out.
- Deadline: Because the portal is down Friday 2:00–6:00 p.m., aim to file by Thursday or use the court’s emergency procedure. Do not rely on ‘correct it later.’
2. What should Owen do about Exhibit 9’s Social Security number and STI diagnosis?
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Exhibit 9 contains an SSN and an STI diagnosis, both highly sensitive. Owen should not file it unredacted.
- Redact the SSN under the court’s privacy rule; typically only the last four digits may be used, and sometimes none.
- The STI diagnosis is protected health information and likely irrelevant to a supply-contract dispute. Remove it if it is not necessary, or file a redacted public version and move to seal the unredacted version with the medical record.
- Before filing, check whether the court requires a motion to seal, a confidential-information form, or a meet-and-confer. Do not assume the clerk will catch it.
- Keep an unredacted copy for the sealed record and a redacted copy for public filing; verify that PDF metadata and OCR layers do not reveal the redacted text.
- Tell the attorney that the exhibit needs a sealing decision and that filing it as-is could waive confidentiality or violate a protective order.
3. The attorney says to file now and fix problems later. How should Owen handle the page limit, the portal outage, and the fee?
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Owen should escalate rather than follow the instruction literally.
- Portal outage: The safe course is to complete and file Thursday before 2:00 p.m. If that is impossible, check the court’s emergency-filing or after-hours procedure and keep proof of any attempted filing. Do not assume a Friday 4:00 p.m. filing will be accepted when the portal is down 2:00–6:00 p.m.
- Fee: The $435 fee exceeds the firm card limit. Ask the attorney or office manager to authorize a firm check or increase the limit; do not use a personal card without written approval and a reimbursement process. Some courts allow a fee waiver, but that requires an application and attorney approval.
- ‘Correct it later’: A paralegal should not knowingly file a brief over the page limit, an unredacted medical record, or a missing required document. The attorney can decide to seek leave, seal, or extend, but that decision should be documented. Owen should send a short email listing the unresolved items and ask for written direction. If the attorney is unreachable, escalate to another attorney.