Litigation
United States Third Circuit Court of Appeals Sets 5:00 p.m. Electronic Filing Deadline
On May 2, 2023, the United States Court of Appeals for the Third Circuit issued an Order adopting a new Local Appellate Rule 26.1 and amending Local Appellate Rule 113.3 in order to establish a 5:00 p.m. electronic filing deadline. The new Local Appellate Rule 26.1 considers a document timely filed if it is received by the Clerk by 5:00 p.m. Eastern on the last day for filing or, if filed electronically, the transaction is completed by 5:00 pm. Eastern on the last day for filing. L.A.R. 26.1(a)(1) & (3); L.A.R. 113.3(c). If a document is received after 5:00 p.m. on the day it is due, it is considered untimely. L.A.R. 26.1(a)(2).
While the intent of the new 5:00 p.m. Eastern filing deadline is plainly to avoid late-night filings just before midnight, the new 5:00 p.m. timing requirement does not apply to every filing. Instead, per the new Local Appellate Rule 26.1, it “applies to documents filed after the initiation of a proceeding in the court of appeals. It does not apply to documents that initiate an appeal or other proceeding in the court of appeals.” L.A.R. 26.1(b). According to a Public Notice from the Third Circuit Court of Appeals, “[t]he Clerk’s Office will apply the 5:00 p.m. E.T. deadline to deadlines set on or after July 1, 2023, and also observe a grace period until December 31, 2023, for papers mistakenly filed after 5:00 p.m. E.T.” Importantly, this new electronic filing deadline only applies to the Third Circuit Court of Appeals.
Attorneys may consider setting a reminder notification on their calendars for July 1, 2023, which is when the new time electronic filing deadline becomes effective, even though there is a “grace period” until the end of the year. Appellate counsel should not only be cognizant of this new electronic filing deadline for purposes of making timely submission to the Court, but this new electronic filing deadline may also potentially impact the attorney-client interactions that precede the ultimate filing of a brief. Soon in the Third Circuit, discussions between counsel and clients regarding the “final details” of a brief cannot approach midnight for a brief due that day. Instead, they must soon be resolved by dinner time.
Houston Harbaugh’s appellate litigation practice will continue to follow this new change to the Third Circuit Local Area Rules. If you have an appellate law issue, whether in the Third Circuit or another court in Pennsylvania, West Virginia or Ohio, do not hesitate to contact Houston Harbaugh at 412-281-5060.
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About Us
The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.
Henry M. Sneath - Practice Chair
Co-Chair of Houston Harbaugh’s Litigation Practice, and Chair of its Intellectual Property Practice, Henry Sneath is a trial attorney, mediator, arbitrator and Federal Court Approved Mediation Neutral and Special Master with extensive federal and state court trial experience in cases involving commercial disputes, breach of contract litigation, intellectual property matters, patent, trademark and copyright infringement, trade secret misappropriation, DTSA claims, cyber security and data breach prevention, mitigation and litigation, probate trusts and estates litigation, construction claims, eminent domain, professional negligence lawsuits, pharmaceutical, products liability and catastrophic injury litigation, insurance coverage, and insurance bad faith claims.
Samuel H. Simon - Practice Chair
As co-chair of Houston Harbaugh’s Litigation Group, Sam focuses his practice on commercial/business litigation. Sam regularly represents clients in the construction, manufacturing, oil and gas, and wholesale/retail/ distribution industries, as well as individuals in matters such as:
- Construction litigation
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- Oil and gas litigation
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