ABA Journal


Civil Procedure

Late appeal denied for lawyer who didn’t update email address, divided 2nd Circuit panel says

Jan 25, 2013, 05:53 pm CST


Protip: the courts allow you to designate multiple e-mail addresses to receive notice, so besides yourself and your secretary and paralegal, you can designate your own gmail or other webmail account. If you do that, you will always get your e-filing notifications, even if your office server is down or you switch jobs. It helps to double-check what you get from the courts, and avoids these dicey and malpractice-laden situations.

And it won't do to say "I'm not into technology, I won't deign to do something so base as reading e-mail." That is just as non-excusable as saying "I don't bother to open my mail or answer my phone." If you are not, then you are responsible for paying and designating someone who is.

By Tim on 2013 01 27, 3:07 am CST

This ruling seems wrong. If, as even the majority admits, the conditions for relief under Rule 4(a)(6) were met, what basis is there for overturning the judge's decision?

By emjaycee on 2013 01 27, 9:57 am CST

I'm happy with this decision. When rules are hard and fast, it's easier for everyone to know where they stand. Judicial discretion is the most widely abused tool in the shop and I'm always comforted when it gets throttled.

By Michael Lee on 2013 01 27, 10:36 pm CST

Someone's about to lose a client, haha!

By anon on 2013 01 30, 4:01 pm CST

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