Strategies for Finding Briefs

Many researchers consults briefs, the written arguments that attorneys file with courts, to learn about the cases pending before a court and to better understand the courts' rulings. Depending on the jurisdiction and court, briefs can be relatively easy to locate, or they can be elusive. In general, locating federal court briefs tends to be easier than locating state court briefs, and appellate court briefs are usually easier to locate than filings in trial courts.

In addition to the sources listed on the separate pages for federal and state court briefs, some additional strategies for locating briefs include helpful online resources, targeted Internet searches, and Interlibrary Loan. When all else fails, you may still be able to locate the needed briefs by using case information to search selected resources or to contact the court, or by consulting sources for notable cases.

Online resources

  • U.S. Supreme Court Records and Briefs, 1832-1978 is a fully searchable database of over 350,000 full-text documents filed with the Supreme Court in this century and a half.
  • Westlaw provides an extensive range of databases of briefs filed with the U.S. Supreme Court, the U.S. Courts of Appeals, and with state appellate courts; and in select topical areas (i.e. environment, immigration, tax, etc.). See the Westlaw Directory under Litigation: Briefs for a complete list. The BRIEF-ALL database is a combined database consisting of the contents of all briefs databases.

Internet Searches

  • Search the Internet using a search engine such as Google. Please note that it can take up to two weeks for a search engine to index and locate documents after the documents are available on the Internet.
  • Bear in mind that you are unlikely to find older (i.e. pre-1995) documents on the Internet. For older documents, Interlibrary Loan may provide copies of needed documents.
  • Visiting the web sites of interested organizations to locate briefs filed by the organization in recent years. These include:
  • See also the online resources suggested above.
  • Also, you can find contact information on the Internet, and contact the attorney involved in the matter directly.

Interlibrary loan

  • Consult A Union List of Appellate Court Records and Briefs: Federal and State (Law Ref Desk KF 105.9 W45 1999) to determine which libraries, if any, hold the briefs you are seeking.
  • Using this book, verify which library(ies) have the appropriate year(s) and that the materials may be obtained.
  • Consult a reference librarian with any questions.
  • Request the briefs through Interlibrary Loan.

 

Using case information

If you do not find the briefs in any of these resources, there are still several options.

You can contact one of the parties and request a courtesy copy of the brief.

  • From the docket sheet, pleadings or other court filings, locate the name of an attorney or law firm involved in the case.
  • Using an online or print directory, locate contact information for the attorney.
  • Contact the attorney, identifying yourself as a law student researching the case, as well as providing as much information about the document you are seeking as possible (such as party names, docket number, title and filing date of the document).
  • Ask for assistance locating the briefs.
  • Provide your full contact information.

Briefs can be obtained directly from the court where the action is pending, though this can be very expensive.

  • Contact the court clerk's office to find out if all documents are kept onsite or if documents must be requested from offsite storage.
  • Determine the court clerk's number and/or e-mail address by using either a print court directory or the Internet.
  • Most courts require someone to visit the clerk's office in person and will not photocopy and mail documents. Check with the clerk's office for the photocopy policy.
  • In some circumstances, Pappas Library can order copies of pleadings. Consult a reference librarian for assistance.

Notable Cases

  • Westlaw: The TRIALS-ALL database contains trial transcripts and documents from a select group of notable criminal trials, such as the OJ Simpson murder trial.
  • Search the BU Online catalog by Keyword, using the name of the case, i.e. Sacco and Vanzetti.
  • Findlaw collects court documents related to "hot topics" in its News Documents Archive.

Notable Judges

  • Search the BU Online catalog by Keyword, using the name of the jurist, i.e. Benjamin Cardozo.
    • Records and Briefs of Landmark Benjamin Cardozo Opinions, Law Annex KF 213.C38 M36 1999.
  • Westlaw provides databases (e.g., REHNQUIST) that include opinions written or signed by, or papers of, recent Supreme Court justices.

 

Page maintained by David Bachman
Last updated: September 2009