People, Processes, AND Technology: Use All Three to Avoid Missing a Filing Deadline
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...