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US Appeals Court Responds to Lawyers’ Objections, Puts a Stop to Midnight Filings
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In a move aimed at improving work-life balance for legal professionals, a federal appeals court has adopted a new rule that requires most legal briefs and court documents to be submitted by 5 p.m. on the day they are due. The rule change, which applies specifically to the Philadelphia-based 3rd U.S. Circuit Court of Appeals, puts an end to the common practice of lawyers and paralegals working until midnight to complete filings.

The push for this rule change came from Chief Judge Michael Chagares, who has been advocating for years to roll back deadlines across the judiciary system. Judge Chagares believes that imposing earlier filing deadlines will help alleviate the pressure on lawyers and contribute to a healthier work-life balance.

Despite facing opposition from bar associations and lawyer groups, who expressed concerns about increased pressure on attorneys and potential confusion among lawyers from other parts of the country, the court decided to adopt the new rule. In response to feedback received during the proposal stage, certain modifications were made. For instance, filings such as petitions for review, which initiate new cases in the court, have been exempted from the earlier filing deadline.

  
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According to the new rule, electronically filed documents, except filings that initiate court cases, must be submitted by 5 p.m. Eastern Time. Failure to meet this deadline will result in the documents being treated as if they were filed the next day. The implementation of the new policy is set for July 1, with a grace period until the end of 2023 for electronic filings submitted after the deadline.

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One of the key reasons behind this rule change is to assist litigants representing themselves before the court, who often face challenges in filing documents electronically and instead must submit hard copies during regular business hours. By establishing an earlier filing deadline, the court aims to provide these litigants with a more manageable timeframe for submitting their materials.

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Additionally, the new rule serves to prevent attorneys from intentionally delaying their filings until late at night, a tactic sometimes employed to deprive opposing counsel of sufficient time to prepare a response. By eliminating midnight filings, judges will have the opportunity to begin reviewing submissions earlier in the day, which can help streamline the judicial process.

It is worth noting that this rule change is limited to the 3rd U.S. Circuit Court of Appeals and does not have broader jurisdictional implications. Nevertheless, it represents a notable step toward recognizing the importance of work-life balance in the legal profession and addressing the potential drawbacks associated with late-night filings.



As legal professionals and litigants prepare for the implementation of the new rule, it is essential to adapt to the earlier filing deadline to ensure compliance. The grace period until the end of 2023 for electronic filings submitted after the deadline provides a transitional phase to adjust to the changes.

Overall, the adoption of this new rule by the 3rd U.S. Circuit Court of Appeals signals a progressive shift in the legal landscape, with a growing recognition of the need to prioritize work-life balance for lawyers. By establishing an earlier filing deadline, the court aims to support attorneys in achieving a healthier equilibrium between their professional responsibilities and personal lives. While challenges and concerns may arise during the initial phase of implementation, it is anticipated that the new rule will ultimately contribute to a more efficient and balanced legal system within the court’s jurisdiction.



 

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