Decision day at the U.S. Supreme Court a few years ago. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL

The U.S. Supreme Court, responding to the impact of COVID-19 on court operations, on Wednesday relaxed administrative rules requiring the filing of certain paper documents and the service of those documents on lawyers with clients in cases before the justices.

Paper copies are the official filings in the Supreme Court even though the justices adopted electronic filing in 2017. But the public health crisis recently spurred concerns and calls by some court advocates for the suspension of the paper filing requirements. The rules had required lawyers or staff to make trips to printers or to deliver copies to the court itself.

"When you have a stay-at-home order, would going to the printer or copy place be considered essential business?" attorney Elaine Mittleman of Falls Church, Virginia, said in a recent interview with The National Law Journal. "I'm sure they could say it is. But on the other hand, if you can simply send it by email, then no, it's not."

The Justice Department's solicitor general office also has asked for additional time to file paper copies in various government cases in recent days.

"This short extension is necessary because, in light of COVID-19, this office is endeavoring to minimize risks to the health and safety of our personnel responsible for the filing and service of paper copies of court documents by reducing the number of days each week on which the filing and service of such documents are necessary and on which those personnel must report to work in person," Noel Francisco, the U.S. solicitor general, told the court in one case.

In its Wednesday order, the court limited to a single paper copy, in 8 1⁄2 x 11 inch format, every document filed before the justices have ruled on a petition for review, an extraordinary writ, or a decision to set an appeal for argument. They retained the right to request the usual covered booklet form of that paper copy.

The order said four types of documents now should be submitted only in electronic form. They are: motions for an extension of time, waivers of the right to respond to a petition, blanket consents to the filing of amicus briefs, and motions to delay distribution of a cert petition. The court had recently given lawyers more time to file certain pleadings.

The justices also said the parties are not obligated to serve paper copies of filings on other parties if they agree to electronic service. "Parties are strongly encouraged to use electronic service if feasible," Wednesday's order said.

In related action because of the pandemic, the justices on Monday announced they would hold oral arguments in May by teleconference in 10 cases postponed from their March and April argument sessions. Lawyers in those cases are preparing for the sessions, and thinking through various practical matters, including using a mobile phone or landline.

The justices continue holding their regular private conferences to review petitions and other filings. The court for the last couple of weeks has issued opinions online only, not from the bench.

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