Tuesday, April 13, 2021

11th Circuit Decision on FRCP 6

Last week the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Circuitronix, LLC v. Shenzen Kinwong Electronic Co., which addresses (among other things) FRCP 6(a)(3)’s provision for extending a filing deadline when “the clerk’s office is inaccessible . . . on the last day for filing.”

In that case, the district court’s chief judge “had designated July 5 as a holiday such that ‘the Court will be closed.’” The Eleventh Circuit rejected the argument that “the clerk’s office remained accessible on July 5 because Kinwong could have filed its motion electronically.” Noting that “Rule 6 refers to the clerk’s physical office,” it held that “[t]he clerk’s office is inaccessible when its building is officially closed or otherwise unavailable, even if the parties are still able to submit filings electronically.”

H/T: C.E. Petit





Federal Rules of Civil Procedure, Recent Decisions | Permalink


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