"Mailbox Rule" Deleted For Electronic Service In Federal Courts (Video)

BF
Berman Fink Van Horn P.C.
Contributor
Berman Fink Van Horn is a full-service business law firm. Our entrepreneurial lawyers help clients run their business. We help start and grow a business - and avoid and resolve business issues along the way. With an exceptional reputation for highly responsive and personal service, finding creative business solutions is a cornerstone of the firm.
When calculating deadlines in federal court, most attorneys are familiar with the "mailbox rule."
United States Litigation, Mediation & Arbitration
To print this article, all you need is to be registered or login on Mondaq.com.

When calculating deadlines in federal court, most attorneys are familiar with the "mailbox rule." Until recently, the "mailbox rule" provided respondents with an additional three days to respond to pleadings and discovery that were served via e-mail, via the federal court's e-file system, or via traditional "snail mail" options.

In 2001, the Federal Rules of Civil Procedure were amended to add e-filing and e-mail to the types of service that received the benefit of the "mailbox rule."

This was done to account for technological difficulties in transmitting pleadings electronically. As technology advanced, this rule seemed like another instance where the legal profession had failed to keep up with modern technology.

But, in 2016, the legal profession made a great leap forward.

Now, when responding to a pleading served via e-mail or the court's e-file system, respondents are no longer entitled to an extra three days.

Finally, some, but not all, states have made similar changes to their civil procedure rules. In Georgia, the Civil Procedure Act's guidelines have NOT been updated. So, litigants in Georgia courts are still entitled to the benefit of the extra three days under the "mailbox rule" when responding to a pleading that was served via mail or e-mail.

Navigating the procedural rules of the federal court system can be confusing for inexperienced litigants. If you have been served with a pleading in a federal court case and you have questions about your response deadline, it would be prudent to consult an experienced attorney as quickly as possible.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

"Mailbox Rule" Deleted For Electronic Service In Federal Courts (Video)

United States Litigation, Mediation & Arbitration
Contributor
Berman Fink Van Horn is a full-service business law firm. Our entrepreneurial lawyers help clients run their business. We help start and grow a business - and avoid and resolve business issues along the way. With an exceptional reputation for highly responsive and personal service, finding creative business solutions is a cornerstone of the firm.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More