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: How Appealing

Ninth Circuit rejects argument that a federal district court may require that notices of appeal be filed electronically in order to be timely filed

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Ninth Circuit rejects argument that a federal district court may require that notices of appeal be filed electronically in order to be timely: The U.S. District Court for the Eastern District of California received the appellant's notice of appeal in the mail before the deadline for appeal had expired but rejected the notice because, among other reasons, that federal district court is an ECF jurisdiction requiring that notices of appeal be filed electronically. The appellant's electronic notice of appeal, however, was not filed until after the deadline for a timely appeal.

In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit holds that the appeal was timely, because the appellant provided the notice of appeal (albeit on paper rather than electronically) for filing to the district court's clerk before the deadline for appeal had expired.

Full post as published by How Appealing on September 16, 2008 (boomark / email).

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