Word counts are a way of life in modern appellate practice. The halcyon days of 70-page “briefs” are gone—never to return, see Commonwealth v. Spuck, 86 A.3d 870, 872 (Pa. Super. 2014), (discussing the demise of the 70-page rule); Commonwealth v. Stoppie, 486 A.2d 994, 996 (Pa. Super. 1984), (quoting former Pa. R.A.P. 2135(1)). Page limits invited abuse, such as “substantive arguments and sub-arguments … set forth in footnotes [and] other compressed texts, such as block quotes or single-spaced bullet points,” as in Commonwealth v. Spotz, 18 A.3d 244, 349 (Pa. 2011). Ultimately, word counts fell prey to technological work-arounds, such as “make it fit” programs, that while violating font rules, did so with such finesse and precision that they were difficult (if not impossible) to catch.

Word counts, while not perfect, are far less amenable to manipulation than length limits based on size. Even the “tricks” that are available: removing spaces between abbreviations (compare “F. Supp. 2d” with “F.Supp.2d”), and hyphenation (compare “state-of-the-art defense” with “state of the art defense”), can reduce word counts in long briefs by no more than a hundred words or so. Thus, as a practical matter, word counts are a more effective way of curbing lawyerly verbosity.

Word counts for standard appellate briefs are specified in Pa. R.A.P. 2135(a)(1) (14,000 words for each side's principal brief and 7,000 words for reply briefs). Rule 2135(a)(2) provides that, in cross-appeals, the parties' principal briefs may run to 16,500 words. For practitioners with criminal appeals, principal briefs in capital cases may not exceed 17,500 words nor reply briefs 8500 words. Rule 2135(a)(3). Post-conviction relief briefs in capital cases are the longest appellate briefs—22,500 words for principal briefs and 11,250 for reply briefs. Rule 2135(a)(4). With respect to all briefs, Rule 2135(b) provides: