Monday, August 29, 2005

Electronic filling difficulties

Here's an example of how electronic filling is changing the practice of law: "Plaintiff's failed attempts to electronically file a motion to remand before applicable, non-waivable deadline did not require federal district court to retain lawsuit defectively removed from state court"
Today the U.S. Court of Appeals for the Second Circuit issued a ruling holding that a plaintiff's motion to remand -- untimely filed due to difficulties with the district court's electronic case filing system -- authorized the district court to send the case back to state court, even though the jurisdictional deadline for such remand motions had passed before plaintiff achieved the successful electronic filing of the motion.

Via How Appealing


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