Late Filing Requirements in MEC

February 12, 2019 § Leave a comment

It’s a nettlesome thing when all are assembled in the courtroom for hearing at the appointed time, and there is an announcement that one party filed a sheaf of papers at 5 pm the evening before. The filing may have been a pleading, or affidavits in a R56 case, or a counterclaim, or a defense, or supplemental discovery, or whatever. But the bottom line is that the judge, who conscientiously prepares for hearing by reviewing pleadings and other matter scheduled to come before her, has not seen any of it.

This situation is actually addressed in the MEC rules (officially named the Electronic Courts Administrative Procedures) at Section 3.A.10, which reads:

All motions, pleadings, and other papers filed electronically during or within twenty-four hours prior to a trial, hearing, or other proceeding relating to the case in which the filing occurs shall be accompanied by a paper copy of the filing to be distributed to the appropriate chambers by the clerk.

Clearly one can not comply with the letter of the rule if the filing is after the clerk’s office is closed for the day. My advice is to get a copy to the clerk’s office immediately when it opens for business with the request that the clerk deliver it to the judge right away. There will still be chagrin, but the bruise will not be as deep.

Oh, and you will make your judge and staff attorney happy if you will include in your notices of hearing and orders setting hearings the MEC document numbers for all pleadings and motions that will be presented. That goes, too, for respondents and defendants. Notify the court of the document numbers that the court is required to review before taking the bench. It’s more than a simple courtesy; it’s what the judge needs to be prepared. In this district we will not sign an order setting a matter for hearing, and you can not get a setting for a hearing until you provide the MEC document number(s).

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