Federal Rule of Appellate Procedure 26(a) sets midnight as the deadline for electronic filings, but allows each circuit to change that deadline.
Last week, the United States Court of Appeals for the Third Circuit's amended its Local Appellate Rules to create a "uniform 5:00 p.m. E.T. deadline for filings (electronic and otherwise)." Attorneys and other stackholders have objected to this rule and seeking a national change for the U.S. Courts’ Advisory Committee on Appellate Rules to recommend that the Third Circuit reinstate a midnight deadline.
Those desiring to comment on this issue may send a comment to: The Committee on Rules of Practice and Procedure c/o Rules Committee Staff by email: RulesCommittee_Secretary@ao.uscourts.gov or by mail: H. Thomas Byron III, Secretary Committee on Rules of Practice and Procedure Administrative Office of the United States Courts, One Columbus Circle, NE, Room 7-300, Washington, DC 20544.