South Carolina Business Law Blog

As With Information Security, So Too With Calendaring . . .  "This is a cautionary tale for every attorney who litigates in an era of e-filing." The first sentence of the 5th Circuit's opinion in Rollins v. Home Depot  is quite the attention-grabber. But this tale is nothing new. Attorneys must understand the potential pitfalls of electronic service and take reasonable steps to avoid them.  As I have been saying (writing) for over ten years now, you cannot blame computers or computer software for missed deadlines. Instead, use knowledgeable people and sound processes to manage this risk. Blaming the Machines is not a Good Play Rollins (Briefly) . All attorneys using the case management/electronic case files (CM/ECF) system in federal courts agree to accept service of filings (and other documents and notices) via email.  FCRCP 5(b)(2)(E) . Counsel for Home Depot moved for summary judgment. Rollins' counsel didn't see the electronic notification of the motion becaus...

The U.S. Supreme Court recently approved proposed changes to various federal rules of procedure (appellate, bankruptcy, civil, criminal, and evidence). These changes will be effective on December 1, 2010, unless Congress enacts legislation to the contrary. A list of the rules amended or added is found here , courtesy of Fastcase . The Administrative Office of the U.S. Courts has a summary of the proposed rules.