Supreme Court says pleadings are too long, ‘sometimes zzz’: here’s what to keep in mind if you file one

“Going forward, can we agree on a page limit for SLPs? That list of dates should not be more than 4 pages. Synopsis should not be more than 3 paras. Can we make a judicial order?” Justice Bhat asked.

Ultimately, the Bench, led by Chief Justice of India U U Lalit, declined to entertain the PIL filed by lawyer Ashwini Upadhyay, and asked the petitioner to withdraw it.

What are the rules for pleadings currently?

There are currently no laid-down limits on the length of pleadings, but there are specifications regarding the paper, its size, and the typing, etc.

Under Order VIII (Documents) of The Supreme Court Rules, 2013, “the officers of the Court shall not receive any pleading, petition, affidavit or other document, except original exhibits and certified copies of public documents, unless it is fairly and legibly written, type-written or lithographed in double-line spacing, on one side of standard petition paper, demy-foolscap size, or of the size of 29.7 cm x 21 cm, or paper which is ordinarily used in the High Courts for the purpose”.

These have to be certified by the Advocate-On-Record, who is registered to practise before the SC. Other lawyers, including a senior advocate, can appear before the court only on the instructions from the AoR.

The size and colour of the paper used varies from one High Court to another. To bring uniformity, in March 2020, when e-filings became the norm following the outbreak of the Covid-19 pandemic, the order was updated, and a typeface and size was specified.

For documents filed before the SC, the court directed lawyers to use “superior quality A4 size paper (29.7 cm x 21 cm) having not less than 75 GSM with printing on both sides of the paper with Font Times New Roman, Font size 14, in one and half line spacing (for quotations and indents font size 12 in single line spacing), with margin of 4 cm on left & right and 2 cm on top & bottom”.

What is the system followed in the United States?

The United States Department of Justice has an FAQ on pleadings, which it describes as “a written submission that sets out claims, allegations, arguments, or evidence”, and includes “briefs, motions, attachments, and responses”.

It lays down a clear and strict page limit: “A request for corrective action or response to a request for corrective action, whether computer generated, typed, or handwritten, is limited to 30 pages or 7,500 words, whichever is less. A reply to a response to a request for corrective action is limited to 15 pages or 3,750 words, whichever is less”.

It clarifies that “the length limitation is exclusive of any table of contents, table of authorities, attachments, and certificate of service”, but underlines that “a request for leave to file a pleading that exceeds the limitations (of length)…must give the reasons for a waiver…(which is) granted only in exceptional circumstances”.

It also says that while the word limits are “maximum”, “parties are not expected or required to submit pleadings of the maximum length”.

The DoJ also lays down other specifications: pleadings must use “no less than 12 point typeface and 1-inch margins and must be double-spaced and use only one side of a page”, and they “must be filed on 8 ½” X 11” paper, except for good cause shown. All electronic submissions must be formatted so that they will print on 8 ½” X 11″ paper”.