E-Filing

As Brian Tannebaum wrote earlier today, many lawyers (and their cases) live and die by the ticking of the clock. Any attorney — or anyone who’s ever talked with an attorney — has heard about late nights struggling to file a brief by deadline.

So what happens when a litigant files a motion for appeal at 3 a.m. instead of the 12 a.m. deadline, and the judge allows the late filing anyway, then dismisses it on the merits… leading to yet another appeal?

In our Benchslap of the Day, Judge Frank Easterbrook writes, “it does not take a reference to Cinderella to show that midnight marks the end of one day and the start of another.” But maybe the plaintiff in the case does need to remember that he turns into a pumpkin at midnight, not 3 a.m….

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We live in the age of ulcer-inducing, never-ending budget cuts. It’s surprising, though, when the chopping block can help the government achieve some progress, instead of just slicing its legs off.

And what do you know? We happen to have recent news of that sort from the New York Unified Court System.

Last week, Chief Judge Jonathan Lippman proposed to cut $100 million from the $2.7 billion 2011-2012 state court budget. But his plan doesn’t just take money away from cute little babies and helpless lawyers. If Lippman gets his way, a big chunk of the cuts will come from implementing mandatory e-filing statewide.

Why didn’t this happen years ago? Way to make lemonade, Judge!

How did this come to pass?

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