Electronic Case Filing: What Happens When Counsel Does Not Receive Email Notices?

Authors

• Elisabeth A. Wilson, Southern Methodist University, Dedman School of Law

Abstract

Courts across the United States are moving toward implementing Electronic Case Filing ("ECF") procedures, with many courts making ECF mandatory in most cases. With this new technology gaining popularity, novel issues are emerging as the difficulties and challenges with the procedures reveal themselves. Familiar disputes over notice and presumption of delivery are cast in the new light of computer glitches and technological snags. American Boat Co. v. Unknown Sunken Barge is one of the first electronically filed cases to surface at the federal appellate level with such issues. The Eighth Circuit articulates important factors to consider when analyzing whether a party has successfully rebutted the presumption of delivery where a court is utilizing ECF and automatic email notices. The decision refreshingly acknowledges the "glitches" that are inherent with new automated procedures and provides a guideline for rebutting the presumption of delivery. Yet, given the long-standing tradition for a strong presumption of delivery with other forms of communication, does American Boat unnecessarily muddy the waters or does it signal an evolution of the law in light of changing technology? While the openness of adapting the law to changing technology is commendable, the American Boat decision unnecessarily burdens courts by requiring a factual analysis when there is a viable alternative of placing the responsibility on the attorney to monitor the docket.

Recommended Citation

Elisabeth A. Wilson, Electronic Case Filing: What Happens When Counsel Does Not Receive Email Notices?, 10 Computer L. Rev. & Tech. J. 229 (2006)