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E Filing or E Failure New Risks Every Litigator Should Know
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ents that they missed a deadline Indeed completed Does e filing after 5 p m with close to the deadline For some reason as. some courts have gone out of the way to ex contemporaneous e service on opposing all litigators know work on pleadings often. press dissatisfaction with attorneys who fail counsel count as service on that same day tends to occur right up until the absolute. to understand e filing regardless of who ac You must reexamine the rules and case deadline. tually carried out the e filing even allud law on filing and service for each court For the uninitiated filing electronically. ing to potential malpractice claims In the and recalculate previously assumed dead can be more difficult than expected You. words of one court For practitioners in the lines in light of the time of day that you must take several steps before you can e file. legal profession unlike those in some oth must submit an e filing your document setting up an account and. ers he who fails to pay attention may one The deadline may also change depend obtaining a password which may require. day have to pay up Robinson v Wix Filtra ing on the type of pleading that you file human approval and might take longer. tion Corp 599 F 3d 403 414 4th Cir 2010 In the District of Minnesota for exam than 24 hours converting your documents. Davis J concurring ple the local rules state that a document is to the court approved format often a pdf. If attorneys recognize and address the timely if filed electronically by midnight or a pdf a selecting and attaching all of. risks of e filing well before an electronic but it must be filed by 5 p m if it is con the correct documents and exhibits click. filing deadline and all persons involved in ventionally filed D Minn CM ECF Civ P ing your way through all the drop down. the process appreciates them from clients I B 1 timeliness Another local rule from menus and check boxes while ensuring that. to partners to associates to legal assistants the same court however states that new you make the right selections and then re. to secretaries attorneys can minimize the cases shall be filed by 5 p m D Minn viewing your selections to ensure accuracy. new risks and avoid adverse consequences CM ECF Civ P II A 2 d filing new cases This process takes more time than you may. E fi ling a new case under those local foresee which can endanger your timing. Risks and Ramifications Minnesota rules was at issue in PHL Vari if not anticipated Additionally even if you. A New Breed of Problems able Insurance Co v U S Bank National initially meet a deadline a court can reject. How hard can it be is a question that Ass n Civ No 10 1197 RHK AJB 2010 a filing if in filing it you did not choose from. many of us have thought when told that we WL 3926310 D Minn Oct 4 2010 The among the electronic fields properly which. must file documents electronically After plaintiff s attorney in that case e filed a can cause you to miss the deadline if you do. all many people manage lots of trans complaint on the last day of a two year not receive a rejection notice with sufficient. actions such as banking and shopping limitation period at 5 33 p m The court time to correct mistakes. transactions electronically every day deemed the complaint untimely because it. But whether you are a seasoned or nov was a new case filed 33 minutes after the Missing a Deadline by Trying to File a. ice filer and whether you use the federal court closed and the plaintiff lost the abil Document That Exceeds File Size Limits. courts CM ECF system LexisNexis File ity to prosecute its claim The PHL Vari A deadline can also be missed by attempt. Serve or another electronic system you able court is not alone in holding that an ing to file a document that is too big. still need to recognize and avoid the new electronic filing completed after the court s megabyte s ize wise not page wise. traps of electronic filing Many of the risks business hours but before midnight that Depending on the court you will probably. in e filing are obvious Some are not Yet same day was untimely See e g Stark v have to file pleadings in different manners. with some exceptions most mistakes pri Right Mgmt Consultants 247 F App x 855 to adhere to different filing system limits. marily result in one thing that makes all lit 8th Cir 2007 holding that a complaint For example the Northern District of Illi. igators shudder missing a deadline electronically filed at 11 27 p m did not nois system allows you to e file pleadings. meet the 5 p m deadline for new case fil of up to five megabytes in size otherwise. Missing a Deadline by Miscalculating It ings but cf People ex rel Madigan v Ill you have to break a pleading into separate. Surprisingly e fi ling can actually cause Commerce Comm n 899 N E 2d 227 232 pieces and upload each individually Gen. confusion about the actual filing deadlines 237 Ill 2008 I n the absence of a spe eral Order on Electronic Case Filing VII B. The exact time of e fi lings matters with cific regulation we cannot read a 5 p m N D Ill Apr 30 2009 The District of Col. respect to deadlines Does e fi ling after deadline into the rules orado permits you to e file pleadings of up. the time that the forum s office has closed to two megabytes Filing Civil Suits http. for the day count as being filed that same Missing a Deadline by Underestimating www cod uscourts gov Filing aspx last visited. day Some forums deem pleadings e filed the Time That It Takes Feb 28 2011 Other courts have different. after the time that the forum s office closes The convenience of having what would or do not have file size limitations such as. as filed the next day See e g L R 1840 a ordinarily be an end of the business day the District of Columbia See e g D D C. Cal Super Ct San Bernadino Co a docu deadline when the courthouse closes turn L Civ R 5 4 providing no limit on elec. ment is deemed filed on the next business into an end of t he actual day deadline tronic file sizes but allowing traditional. day the clerk s office is open for business midnight can be a blessing and a curse filing for exhibits and attachments greater. if the lodging occurred after normal busi While having extra time can be useful of than 500 pages While you can address. ness hours of the clerk s office Another course the idea that a pleading can be elec these limitations relatively easily if you. easy to overlook but fundamental issue is tronically filed often encourages in reality know about them ahead of time discov. when service as opposed to filing must be editing up to a point that is dangerously ering that your pleading file size is too. For The Defense June 2011 29,T EC H N O LO GY, big with only minutes to spare is risky In an incorrectly filed pleading could be filed Despite the filed notification the Sixth. other words receiving a rejection notice again after the deadline Circuit held that the plaintiff s complaint. from a court at 11 59 p m or even earlier is Similarly an electronic file titled No was untimely. not something anyone wants Courts have tice of Appeal was in fact a notice of appeal. rejected excuses when attorneys miss dead from another case which caused the attor Missing a Deadline Due to. lines because they tried to file pleadings ney to miss an appellate deadline when he Technology Glitches. that did not comply with the rules on over filed it instead of the correct notice of ap Paper filing and e fi ling have one thing. sized pleadings See e g Satterlee v Allen peal United States v Carelock 459 F 3d 437 in common Murphy s Law Traffic jams. Press 455 F Supp 2d 1236 1244 D Kan 3d Cir 2006 Upon receiving a quality broken down cars and snow storms have. control message noting the errors from the been replaced by viruses deleted files and. court the attorney reviewed the correct no system crashes Software and hardware can. tice in his personal computer files but not and do malfunction including electronic. Most mistakes primarily the notice that he actually filed Id at 439 filing systems mandated for use by courts. Concluding that nothing was wrong the Unfortunately placing blame on techno. result in one thing that attorney ignored the court s notification logical trouble can fall on unsympathetic. He discovered the problem several months ears Computer failures not unlike human. makes all litigators shudder later The Third Circuit noted that an attor failures must be anticipated Martinelli v. ney must be super diligent in e filing Farm Rite 785 A 2d 33 36 345 N J Super. missing a deadline W e note that the cause of this error was 306 312 2001 At least one other court. that plaintiff s counsel had unfortu has equated the failure of computer equip. nately failed to double check the docu ment to the classic dog ate my homework. 2006 C oun sel bears responsibility for ment he had successfully transmitted to excuse noting that i m per fect technol. this oversight the District Court Although the mod ogy may make a better scapegoat from. ern use of the computer is a good time the family dog in today s world but not so. Missing a Deadline by Inadvertently saver its ease of use should not assuage here Fox v Am Airlines 389 F 3d 1291. Filing the Wrong Document the almost obsessive attentiveness that 1294 D C Cir 2004 Even so courts have. Although it sounds basic with e f iling is required when filing any document not been entirely unsympathetic and some. you should always confirm whether you with a court have recognized that computer problems. uploaded the correct documents and Id at 443 Having chastised the attorney may occur Federal courts typically have. attachments before you hit submit Craig the Third Circuit dismissed the appeal for rules explaining the hoops that an attor. v Police Jury of Grant Parish 347 F App x lack of jurisdiction ney must jump through if a court s CM. 119 5th Cir 2009 involved an attorney ECF system is down See e g L Civ R 5 1. who attached the wrong pdf file as his Missing a Deadline by 15 D N J requiring an affidavit stat. electronic notice of appeal and the clerk Misinterpreting E Filing Notices ing filer attempted to file electronically at. did not send a deficiency notice But the When you physically file a pleading at a least two times at least one hour apart after. docket noted that the pleading was f iled courthouse you usually receive in return a 12 00 noon Those rules will not protect. in error counsel advised to resubmit with file stamped copy of the actual filed doc you however if your own computer system. corrected pdf document attached Id ument The equivalent notice obtained crashes or has other problems. at 120 The clerk had e mailed the attor when e filing even one that notes that the When that happens courts have seemed. ney stating w e have edited the text of pleading was filed may not always pro very willing to pinpoint the carelessness of. the previous docket entry and no fur vide that much comfort In Kellum v Com counsel as the real reason for filing failures. ther action regarding this submission is missioner of Social Security 295 F App x 47 based on technical glitches For instance. required at this time Id at 121 The fil 6th Cir 2008 the plaintiff had 30 days to the plaintiff s attorney in Robinson v Wix. ing attorney unaware that the original file a judicial challenge to the denial of dis Filtration Corp was unaware of defen. pdf was the wrong document assumed ability benefits On the last day of the filing dant s motion for summary judgment and. that the filing was proper Once the prob period the plaintiff s attorney e filed the never responded to it 599 F 3d 403 4th Cir. lem surfaced the attorney filed a corrected complaint but did not include credit card 2010 The attorney contended that severe. notice Nevertheless the Fifth Circuit held information for the filing fees He received computer problems prevented receipt of. that it was untimely noting that reliance an e mail notification that day stating that electronic notice of the motion The court. on misinformation generated from an elec the complaint was filed on the deadline denied the attorney s argument for relief. tronic filing system will not vitiate the time The next day the clerk informed the plain because it found that his failure to receive. requirements for appeal Id at 124 see tiff s attorney that the required fees were notice resulted from his conscious choice. also Kinsley v Lakeview Reg l Med Ctr not paid which the attorney then paid a not to take any action with respect to his. 570 F 3d 586 5th Cir 2009 holding that few days later The complaint however computer troubles 599 F 3d at 408. a deadline set by the federal rules was not was then date stamped by the court on the Likewise even in light of an unopposed. extended by a deficiency notice stating that day of payment after the filing deadline motion for an extension of time after a. 30 For The Defense June 2011, memorandum of law declaration and ex made with an electronic redacting tool that Geer v Cox 219 F R D 527 528 D Kan. hibits in support of a motion to disqualify could be deleted exposing the underlying 2003 noted that the plaintiff s counsel. were filed several minutes after a midnight information Id The court noted that there did not receive electronic notification of. deadline the Southern District of New York was no excuse for not complying with the the defendant s opposition to class certi. recently found that the motion was un Federal Rule s requirements of redacting fication because the local counsel s com. timely filed Graves v Deutsche Bank Sec certain personal information from plead puter system was in a transition period. Inc No 07 Civ 05471 2011 WL 1044357 ings or their attachments Thus the plaintiff s counsel failed to timely. S D N Y Mar 4 2011 Although the filing Every federal district court has now respond and filed a motion to reconsider. attorney provided a detailed explanation as embraced electronic filing The days of the court s order denying class certifica. to how his computer system malfunctioned attorneys being able to ignore the com. and such malfunction was beyond his con puter and shift blame to support staff in. trol an explanation that caused the court the event of an error are gone The con. to conclude that the attorney acted in good sequences are too serious To the extent Courts have rejected. faith the court still found that the attor there are attorneys practicing in federal. ney failed to show good cause to justify his court who are under the impression that excuses when attorneys. neglect in filing before the midnight dead someone in the Clerk s office will comb. line Id at 4 through their filings for errors and call miss deadlines because they. them with a heads up the Court deliv, Improperly Handling ers this message It is the responsibility tried to file pleadings that. Confidentiality Issues of counsel to ensure that personal iden. Missing deadlines is not the only poten tifiers are properly redacted The days of did not comply with the rules. tially harmful ramification of e filing As paper filings with accessibility to files. required even with traditional filing you limited not by law but by the practical on over sized pleadings. must ensure that confidential information challenges of driving downtown pay. is not improperly included in e filings by ing for parking checking out the file. redacting when allowed or required or fil and paying the friendly clerk of court to tion Because the court s e fi ling system. ing under seal E filed documents are typ make copies are gone was only a month old at the time the court. ically immediately publicly available and Id Finally the court noted that attorneys gave the plaintiff the benefit of the doubt. generally they cannot be unfiled with who are slow to change run the very real and granted its motion Id at 528 The. out court permission Courts will presume risk of sanctions Id The court then sanc precedential effect of Geer however was. that every attorney understands the conse tioned the attorney undercut by Satterlee decided three years. quences of clicking submit when filing later 455 F Supp 2d 1236 D Kan 2006. Failure to take the proper precautions to Message from the Courts Meet While it did not specifically abrogate Geer. preserve confidentiality when dealing with E Filing Expectations No Excuses the Satterlee court citing the same local. sensitive information in an electronically When it comes to e filing mistakes courts rules held that p rob lems on the filer s. filed document could lead to sanctions or repeatedly have rejected excuses based on end will not constitute a technical fail. other liabilities such as in Baella Silva v someone s unfamiliarity with filing proce ure under these procedures nor excuse an. Hulsey 454 F 3d 5 1st Cir 2006 In that dures For example in Harman v McAfee untimely filing Id at 1246 internal quo. case the First Circuit affirmed a 50 000 691 S E 2d 586 Ga Ct App 2010 the tation marks omitted. sanction against a party for electronically plaintiff s counsel did not respond to the As courts expectation that attorneys will. filing the terms of a confidential settlement defendant s motion for summary judgment achieve technological proficiency grows. Similarly in Allstate Ins Co v Linea because he did not review the docket dur claiming ignorance can lead to embarrass. Latina de Accidentes Inc No 09 3681 ing the filing period and did not receive ment and judges may go out of their way. 2010 WL 5014386 D Minn Nov 24 2010 an e mail notification of the filing The to criticize counsel. a plaintiff failed to redact birth dates plaintiff s counsel claimed that he was Compliance was not achieved because. names of minors financial account infor out of town during the filing period and counsel failed to educate himself about. mation and one social security number that his e mail inbox reached capacity and a sea change in filing requirements that. from some 160 pages of an exhibit to an bounced the notification back to the had taken place more than three years. amended complaint After defense coun sender The court rejected this excuse and before the relevant events of the instant. sel moved to seal the amended complaint found that it was the counsel s responsibil case. the attorney showed no sense of urgency ity to ensure that his e mail account was set Kanoff v Better Life 350 F App x 655 658. or comprehension of what had been done up properly Id at 589 3d Cir 2009 Likewise another I cannot. and blamed the problem on a misunder Even courts that were once amenable figure it out excuse fared no better. standing between him and his staff Id at to requests for leniency arising from com Counsel appears to persist in believing. 2 The attorney then filed an another set of puter problems have apparently changed that his decision not to learn to e file ab. exhibits but this time the redactions were their tune The District of Kansas in solves him from the rules applicable to. For The Defense June 2011 31,T EC H N O LO GY, all attorneys practicing in this district response was not excusable neglect Sat the transaction Id at 7 He correctly. The court understands that counsel has terlee 455 F Supp 2d at 1243 45 filed the following day after the deadline. taken the position that he is computer Mere belief that a jury demand was Id The court was persuaded that excus. illiterate and cannot use a computer in timely filed electronically by counsel able neglect existed because the filing attor. any way and is thus incapable of learning familiar with the electronic filing sys ney attempted to comply with the order. how to e file The court expects that tem was deemed either carelessness or of the court Id In Pace the court found. all counsel appearing before the court an oversight on the part of counsel and excusable neglect after an electronic notice. will either learn to e file or arrange for the jury demand was denied as being was diverted into a blocked e mail folder at. someone to do so for them untimely Richardson v Image Sensing appellant s counsel s law firm because the. Sys Inc No C10 5629 2011 WL 917523 firm s e mail system classified the notice. at 3 W D Wash Mar 16 2011 as spam 2010 WL 4530357 at 1 Although. Equitable tolling was not available to the the court called the question close and. Paper filing and e filing plaintiff because by waiting until last questioned why the notice evaded all six. possible day to file the plaintiff s attor attorneys of record for the appellants it. have one thing in common ney s filing errors which led to missed found no reason to doubt the veracity of. deadline were not beyond his control counsel s explanation here that was sup. Murphy s Law Traffic jams Kellum v Comm r of Soc Sec 295 F ported by an affidavit and evidence from. App x 47 50 6th Cir 2008 his firm s information technology man. broken down cars and Equitable tolling of the filing period ager Id at 2. was not available when the post office Neither Flagship West nor Pace how. snow storms have been incorrectly told the plaintiff s attorney ever may provide shelter for counsel in. that a complaint would reach the court similar predicaments Federal courts on. replaced by viruses deleted house by the deadline when the plain the whole seem to take the attitude that. tiff s attorney knew that electronic filing counsel s decision to represent a party. files and system crashes was available Ward v Astrue Case No in federal court obligate s counsel to. 5 09cv380 RS EMT 2010 WL 4386544 become familiar with electronic filing. at 2 6 N D Fla Oct 29 2010 Johnson v Astrue 2010 WL 2365527 at 3. Arrington v La Rabida Children s Hosp Arguing that the court should consider. No 06 C 5129 2009 WL 928922 at 3 4 a document timely filed because the Failure of Form Is an Uncertain Defense. N D Ill Apr 3 2009 attorney mistakenly believed that doc Despite their willingness to hold attor. ument was timely failed because coun neys feet to the fire on e filing mistakes. Excusable Neglect Excuses sel s unfamiliarity with an electronic some federal courts have taken a pragmatic. Unlikely to Succeed filing system does not support a find approach to certain types of mistakes. When a filing error is based on an attor ing of equitable tolling Perry v Accurate Those courts have generally reasoned that. ney s inattentiveness to or negligence Staffing Consultants Civil No 3 10 CV an e filing misstep that would have been. regarding e filing procedures courts have 201 FDW DCK 2010 WL 2650881 at corrected by a court clerk if presented in. left the attorney little leeway repeatedly 4 W D N C June 30 2010 Johnson paper form should receive the same pro. rejecting arguments for equitable tolling of v Astrue Civil Action No 3 09 CV 46 tection it would receive if it had been filed. a filing period or excusable neglect 2010 WL 2365527 at 3 D W Va June traditionally Cases that have drawn on this. An attorney s failure to receive elec 8 2010 Arrington 2009 WL 928922 at reasoning use procedural rules that prevent. tronic notice of summary judgment 2 4 a failure in form that was not willful from. because of known computer problems Apparent outliers to the trend of reject defeating a party s rights See Fed R Civ P. does not constitute excusable neglect ing excusable neglect are found in Flagship 5 d 4 Fed R Civ P 83 a 2 and Fed R. Robinson 599 F 3d at 409 10 412 13 West LLC v Excel Realty Partners L P App P 3 c 4 25 a 4 This approach was. Rejecting excusable neglect because an No CV F 02 5200 OWW DLB 2007 WL illustrated in Farzana K v Ind Dep t of. attorney s failure to familiarize himself 1574967 at 7 9 E D Cal May 30 2007 Educ 473 F 3d 703 7th Cir 2007 There. with filing procedures led him to miss and Pace v AIG No 8 C 945 2010 WL when the electronic filing system rejected. ing a deadline Kanoff 350 F App x at 4530357 N D Ill Nov 1 2010 In Flagship the plaintiff s petition because it had the. 657 58 West defense counsel timely filed a post wrong docket number and it was too late to. An attorney s failure to comply with trial motion but did not meet the court s file conventionally the Seventh Circuit rea. local e filing rules can hardly be con deadline to file a memorandum in support soned that the computer s reaction does. sidered the result of excusable neglect of that motion When filing the memoran more to show the limits of the program. McDowell Bonner v D C 668 F Supp dum the attorney failed to complete the mer s imagination than to render the suit. 2d 124 126 127 D D C 2009 technical steps required for electronically untimely Id at 707 The court in allowing. Failing to attach supporting docu filing of documents by not clicking next the late filed pleading juxtaposed the elec. ments to motion for summary judgment on the last screen necessary to commit tronic and conventional filing processes. 32 For The Defense June 2011, Had a paper copy of the complaint been priate steps to prevent them from turning time that your scanner or conversion tool.
handed over a deputy clerk would into missed deadlines or other problems can create the right kind of electronic. have crossed out the old docket number There are some steps to take before any documents Keep in mind that docu. stamped a new one and filed the docu e filing is due ments scanned in an image format and. ment there is no reason to throw this Know the local rules governing what spe then converted using certain OCR tools. suit out of court just because the e filing cifically is required regarding e filing may have a larger size post conversion. system did not know how to take an What e filing system does the court use Do not forget necessary redactions. equivalent step How do you submit a filing fee if re for both the primary pleading and all. Id see also Darouiche v Fidelity Nat l quired for electronically filed pleadings attachments. Ins Co No 10 30554 2011 WL 777874 Predetermine the deadlines Can plead. 5th Cir Mar 7 2011 allowing corrected ings or submissions be filed after the. motion for new trial to be filed two days physical close of the forum s office and. after deadline when original motion was be considered filed that day In other Courts have generally. filed on deadline but proposed order was words can a submission truly be filed. not electronically filed as a separate attach up to midnight If timing of service is reasoned that an e filing. ment Vince v Rock Cnty Wis 604 F 3d important does electronic filing after 5. 391 7th Cir 2010 using the wrong event p m with contemporaneous e service misstep that would have. code was a failure in form Phx Global on all other parties count as service on. Ventures LLC v Phx Hotel Assocs Ltd that day been corrected by a. 442 F 3d 72 2d Cir 2005 district court Ensure that you or whoever will do. deemed motion timely filed when system the filing are a registered user with a court clerk if presented in. rejected it because of large exhibit files and valid password and that you or some. invalid hearing date In re Last Will Tes one who will be with you when you file paper form should receive. tament of Zill C A Co 2593 MA 2009 WL are trained on how to use the electronic. 3465375 Del Ch Mar 23 2009 rejection filing service More than one person on the same protection it. of documents for improper formatting of your team should be able and ready to. exhibits had no legal effect petition was e file The e filer may in some cases need would receive if it had. deemed filed on the day of initial filing to be listed on the signature block of the. Despite the possible shelter provided by filed document been filed traditionally. a failure of form defense in some cases Once registered to electronically file. you should not use it as a crutch because adjust your spam filter to ensure that. the federal courts have not reached consen you receive all electronic notices from Remember time zone differences Do. sus on which types of e filing mistakes con the forum Make sure that you review you really have until 11 59 p m in your. stitute a failure of form For instance the all electronic notices to ensure that you time zone. Second Seventh and Ninth Circuits have do not have to take any specific action Understand the length of time that it will. held that incorrectly filing a submission Know which documents you have to or take to file a pleading including exhibits. either on paper or electronically when the should file manually pleadings that you Can you start the filing process at 11 55. local rules required otherwise was merely need to file under seal due to confidenti p m and still meet a midnight deadline. an error in form Contino v United States ality issues pleadings that are too large Verify that the title of your pleading. 535 F 3d 124 2d Cir 2008 United States and the size limitations on electronic matches with proximity the court s. v Harvey 516 F 3d 553 7th Cir 2008 filing if they exist Plan to take steps to e filing event code names This is espe. Klemm v Astrue 543 F 3d 1139 9th Cir break up large electronic documents cially important for courts using the. 2008 The Tenth Circuit however has into appropriate sizes to meet any court ECF system It is a good idea to consider. held that attempting to submit court doc imposed file size requirements Do not the court s electronic code name list well. uments electronically was noncompliant forget to mark exhibits appropriately before your deadline. when paper copies were required Le Wil and consider the bulk that they might Verify that the correct document and. liamson v Deluxe Fin Servs Inc 216 F add to the size of documents attachments are uploaded before you hit. App x 728 10th Cir 2007 Know which types of documents you the submit key Verify that all appro. must file in imaged form and which priate drop down menus and other. Recommendations Avoid Turning you may file with an electronic signa required fields are completed Have the. Your E filing into E failures ture Documents requiring verification documents been properly described in. While the repercussions of e filing failure or affidavits may need to be filed as an the required electronic fields If you are. can be severe protecting yourself and image of the original rather than as elec uncertain which fields you must check. your client is relatively simple In the first tronically signed documents or complete talk to the court clerk dur. place make sure that all involved know Know whether you must file documents ing business hours before the deadline. and understand the risks and take appro in a searchable format Be sure ahead of E Filing Risks continued on page 88. For The Defense June 2011 33, E Filing Risks from page 33 As soon as possible verify that you filed be surprised by the unexpected pitfalls. Know ahead of time whether one mem the correct document and exhibits If and possible adverse consequences of. ber of a joint defense can file a pleading someone made a mistake immediately e filing While some case law suggests that. for other joint defense members Often contact the court clerk and opposing courts appreciate the rigidity of e fi ling. electronic filing allows you to electron party if necessary to rectify or follow any when computer filing systems reject what. ically file a pleading only for the party court imposed rules for fixing a mistake courts otherwise would consider a proper. for whom you are registered as coun Continually monitor the docket espe submission if filed conventionally given. sel If the pleading is to be filed for par cially during times of e mail or com the risks and costs of attempts to rectify. ties other than those you represent such puter problems Do not rely exclusively e f iling mistakes banking on a court s. as for example in the case of a motion on a court s electronic notices pragmatism and mercy is not a wise strat. filed by a group of defendants participat Many of these suggestions make com egy The best practice of course is to antic. ing in a joint defense can you file it for mon sense which is why they may be easy ipate and deal with these issues before you. all joint defense members to dismiss But even seasoned litigators can e file getting it right the first time.

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