Monday, October 6, 2014

The Future is Here: 2d DCA e-receipt = filing!

The 2d District reports the following:
Effective 10/6/2014, a brief received by the Second District electronically is deemed the original and “filed” the date the electronic brief  is received. Three paper copies are still required to follow.

Our e-filing/e-submission page has already changed for this:

Questions & Answers:

a)     Does the new rule apply to writ petitions? 
No.  Original proceedings remain subject to the prior e-submission rules.

b)     Does this mean a brief is deemed timely filed if efiled any time before midnight (as opposed to before closing hour in the clerk’s office)?

c)      Does the fed ex rule still apply if one does NOT efile?

d)     Should the three “copies” include the original brief, with the original signature?

Briefs don’t require signatures at all, so there’s no need to send an “original” brief in paper form.  If you do include a signature, it’s ok to send the original as one of the three copies, but not essential.