If you want to get a bunch of lawyers to all agree on something, try changing a court’s filing deadline from midnight to 5 p.m.
That’s what the US Court of Appeals for the Third Circuit is proposing for electronic and in-person filings, and practicing attorneys overwhelmingly hate the idea. Previous coverage available here.
“It’s unnecessary,” said Virginia Hinrichs McMichael, founder of Appellate Law Group LLC. “Having practiced for almost 40 years now, I really try to avoid filing things at the eleventh hour and on the last day.” But the work day can get busy. There are client meetings, court hearings, and briefs due in other cases. Having the flexibility to work after business hours is just more convenient sometimes, McMichael said.
The proposal is the brainchild of the chief judge, who has led the Philadelphia-based court since 2021. Though the change would only impact the Third Circuit covering Pennsylvania, New Jersey, Delaware, and the Virgin Islands, he’s been pushing for the federal judiciary to look at this idea for some time.
If adopted, the Third Circuit would be the first federal appeals court to have an evening filing deadline. In two federal trial courts—the districts of Delaware and Massachusetts—filings are due by 5 p.m. In the US District Court for the Eastern District of Arkansas, they’re due by 6 p.m.
Comments are due by February 18, 2023.