It’s 5 P.M.! Do You Know Where Your Brief Is?

By: Benjamin G. Shatz | Tal P. Edelstein
– Daily Journal

Manatt Appellate Partner Benjamin Shatz and Litigation Associate Tal Edelstein co-authored an article for Daily Journal on the Third Circuit’s recently proposed Local Appellate Rule, which changes the court’s filing deadline from midnight to 5 p.m. 

In the article, Shatz and Edelstein discussed the history of filing deadlines, the genesis and rationale for the recent change to a 5 p.m. deadline, and why some critics—including the Third Circuit Bar Association, the Pennsylvania Bar Association, the ACLU of Pennsylvania, the U.S. Department of Justice, the Federal Public and Community Defender Offices—are opposed to the new 5 p.m. filing deadline. “Given the tremendous outpouring of negative feedback against the new rule, it appears that much of the bar does not want nanny courts to impose rules supposedly for the benefit of the bar itself,” they wrote. “Will California lawyers and their assistants feel differently?” 

Daily Journal subscribers can read the full article here.  



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