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7th Circuit seeks comment on e-filing rule changes

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The 7th Circuit Court of Appeals is revising its rules to require initial electronic filing of all documents, and the federal appellate court is taking public comment for the next three weeks.

Proposed revisions to Circuit Rule 25 on e-filing and Rule 27 on emergency filings were posted Monday, giving the public until March 25 to review and submit comment about the changes. The Circuit would also strike Rule 31(e), which deals with uploading digital briefs and would no longer be needed under the new rules.

If the rules are adopted by an advisory committee as proposed, the court expects them to take effect May 1. A draft of the Electronic Case Filing (ECF) Procedures can be found on the court’s website at www.ca7.uscourts.gov.

“Many courts are using this e-filing already, so we’re just hopping on the bandwagon,” said Circuit Clerk Gino Agnello in Chicago. “This has been evolving nationally during the past two years and we’re one of the last to do it, because we wanted to make sure all the kinks are out of the system. We were one of the first in the country to make briefs and opinions available electronically and most attorneys have been doing this at the District level already, so our bar is ready to go.”

Rule 25 pertains to all briefs, motions, petitions, and similar documents filed with the court but does not apply to pro se litigants and also allows for parties to request an exemption from the rule. Rule 27 outlines the procedures for emergency filings when the Clerk’s Office is closed.

As far as electronic access to documents, these rule revisions don’t make any practical changes to what attorneys and members of the public will see online, Agnello said. Rather, it will push the court to go paperless and require the initial e-filing. Traditionally, paper filings have been the “official” copies while e-briefs have been the courtesy copy.

Agnello said pinpointing a number of documents this could involve is difficult to assess, because any of the 3,300 to 3,400 new filings a year could entail multiple briefs and documents.

“Whatever the amount, this will reduce the number of paper files we have dramatically,” Agnello said.

Written comments can be submitted to: Advisory Committee, c/o Clerk of Court, U.S. Court of Appeals for the Seventh Circuit, 219 South Dearborn St., Chicago, IL 60604. They can also be sent by email to USCA7_Clerk@ca7.uscourts.gov.

Once the start date gets closer, Agnello said the court will likely post training materials online for attorneys and members of the public.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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