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Federal Judiciary

: Utah District Court Blog

Non Delivery of NEF Requires Evidentiary Hearing

By David Nuffer

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An article in the Computer Law Review and Technology Journal analyzes an Eighth Circuit decision holding that a lower court should have considered evidence to rebut the presumption of delivery for a Notice of Electronic Filing. The court held that affidavits presented raised issues of fact that entitled the appellant to an evidentiary hearing. The receipt of the NEF was critical to the issue of appeal timeliness.

Full post as published by Utah District Court Blog on June 14, 2007 (boomark / email).

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