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Strategies for Finding Federal Court Briefs

Depending on the court involved, briefs can be relatively easy to locate or quite elusive. Strategies for locating briefs vary according to the court handling the case in which you are interested.

US Supreme Court

Where to Find Briefs of the Supreme Court of the US, a guide from the Court (.pdf) (revised October 2008).

LexisNexis and Westlaw

• LexisNexis: GENFED; BRIEFS includes Supreme Court briefs from 1979 to present.
• Westlaw
  • The SCT-BRIEF database includes merit briefs from 1990 to present and amicus briefs from 1995 to present. Westlaw has added briefs from prominent cases prior to this period to this database. Briefs are also linked to the reports of Supreme Court decisions in Westlaw.
  • The SCT-PETITION database provides briefs on petitions for writ of certiorari, with coverage from 1990 for granted petitions and from 1995 for denied petitions.
  • The SCT-JA database provides joint appendices from select cases before the Supreme Court.

PACER

• The Federal Judiciary’s Public Access to Court Electronic Records (PACER) system provides an electronic public access service that allows users to obtain briefs and other filings in current and recent cases from most U. S. District Courts, Bankruptcy Courts and U.S. Courts of Appeals. PACER charges per page for each document accessed, and only users with established accounts and passwords can access the system’s U.S. Party/Case Index. PACER searches at the Pappas Law Library are conducted by reference librarians under certain circumstances, on request.

For historical research, use U.S. Supreme Court Records and Briefs, 1832-1978. This fully searchable database contains over 350,000 full-text documents, from approximately 150,000 cases, including those for which the court did not issue a full opinion.

Paper or microfiche at Pappas Library:

• US Supreme Court Records and Briefs, Law Micro, includes cases where a full opinion (designated as FO on the fiche) was issued from 1832 to present as well as cases where certiorari was denied or a summary disposition ordered (indicated by CD/SD on the fiche). This set is arranged by docket number.
• US Supreme Court Records, Briefs, Law Micro, arranged by US Reports volume number. Set includes briefs from 1916 (Vol 242) through 1973 (Vol. 418) for cases where a full opinion of the Court was issued.
• The Records and Briefs of the Supreme Court of the United States, Law Micro, includes transcripts from 1832 through 1915 and briefs from 1854 (Vol. 1 of US Reports) through 1915 (Vol. 241 US Reports).
• Landmark Briefs and Arguments of the Supreme Court of the United States, Constitutional Law, edited by Kurland and Casper, Law Annex KF101.9 .L35, includes select briefs and arguments.
• Antitrust Law: Major Briefs and Oral Arguments of the Supreme Court of the United States, 1955 term - 1975 term, Law Annex KF 101.9A1 A5.
• Records and Briefs of Landmark Benjamin Cardozo Opinions, Law Annex KF 213.C38 M36 1999.

Internet: For more recent materials, until the paper/fiche is received at Pappas Library, try:

• Curiae Project (Yale Law School) is an excellent resource for records and briefs, oral argument transcripts and other materials for select major cases. Search by citation, author, document type, date or keyword.
• Findlaw Supreme Court Center provides links to select briefs available in full text on the Internet.
• Supreme Court Preview from the ABA includes select merit briefs.
• Northwestern University's On the Docket is another excellent resource, which provides information and links to documents related to cases before the U.S. Supreme Court.
• The Office of the Solicitor General provides access to government briefs filed on behalf of the United States. OSG also provides a help page with a thorough explanation of its role in the appellate process.

See also the general page on Briefs in this guide for additional sources.

US Courts of Appeals

LexisNexis and Westlaw

• Westlaw: The CTA-BRIEF database includes select briefs from 1972 to date. Briefs from all circuits are included, but dates of coverage vary by circuit. To access the database for briefs from an individual circuit, use the specific identifiers, e.g., CTA9-BRIEF for the 9th Circuit Court of Appeals.

Microfiche at Pappas

• Records and Briefs of the USCA, Second Circuit, Law Micro, 1975-1984.
• Records and Briefs of the USCA, DC Circuit, Law Micro, 1974-1984.

See also the general page on briefs for additional sources.

US District Courts

LexisNexis and Westlaw

• Westlaw: Select trial motions, memoranda and related documents are provided. Check the "Petitions, Briefs and Filings" section of the KeyCite material for "Trial Court Documents" while viewing a case on Westlaw; and search the databases organized in the "Litigation" section of the Directory.
• LexisNexis : Select trial court pleadings and other documents are provided. Check the files organized under the "Briefs, Motions, Pleadings & Verdicts" section of the main "Legal" tab in the LexisNexis Research System.

Paper/microfiche at Pappas

• None.

See also the general page on briefs in this guide for additional sources.

Page maintained by David Bachman
Last updated: February 2009