With practices in New Jersey, Pennsylvania & Delaware, The Cook Group has been watching what will happen with the proposed filing deadline change announced by The U.S. Circuit Court of Appeals for the Third Circuit in January 2023. The proposed filing deadline adjustment would change from 11:59pm to 5pm. Under the proposed new rule, anything filed after 5pm would be deemed filed the next day.  Now that the public comment period on the proposed rule has expired, it seems reaction from the legal community is firmly against the proposed deadline change which was offered by the Court as a “work-life balance” solution.

Among those objecting to the change is the Third Circuit Bar Association, the Department of Justice, The Pennsylvania and Philadelphia bar associations and the Pennsylvania ACLU. Major law firms and numerous other organizations also submitted public comments to the courts opposing the change. Currently, only three federal district courts nationally have filing deadlines other than midnight, according to the Federal Judicial Center: the Eastern District of Arkansas, the District of Delaware, and the District of Massachusetts.

Will the Third Circuit join those ranks? Stay tuned.

Janna Nuzum is a Founding Partner of The Cook Group. Licensed in New York, Florida, West Virginia, North Carolina & Pennsylvania.

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The Cook Group is a certified women and minority owned law firm practicing in New York, New Jersey, Connecticut, Delaware, Pennsylvania, Florida, Indiana, Illinois, and Missouri. With a diverse team of talented and experienced litigators, The Cook Group is distinguished in its commitment to client service with formidable legal talent across multiple jurisdictions and disciplines. The Cook Group – Modern. Efficient. Effective.