WHEREAS, Federal Rule of Appellate Procedure 26(a)(4)(B) provides that papers are deemed filed by the “last day” if filed electronically before midnight local time, unless a different time is set by statute, local rule, or court order;

WHEREAS, Federal Rule of Appellate Procedure 26(a)(4)(C) provides that papers are deemed filed by the “last day” if delivered to a post office, third-party commercial carrier, or prison mailing system by the latest time permitted for delivery by the vendor;

WHEREAS, Federal Rule of Appellate Procedure 26(a)(4)(D) provides that papers are deemed filed by the “last day” if filed in paper by the time the clerk’s office is scheduled to close, unless a different time is set by statute, local rule, or court order;

WHEREAS, the clerk’s office for the Third Circuit permits filing via the district court’s after-hours file box in the courthouse, where it provides a time-stamp device and deems items filed as of the date time-stamped;

WHEREAS, on or about January 12, 2023, the Court issued a Public Notice of proposed amendments to its local rules, adding 3d Cir. L.A.R. 26.1 and amending 3d Cir. L.A.R. Misc. 113.3 to provide that items must be filed by 5:00 p.m. Eastern Time on the “last day” to be deemed filed on that calendar day (“Proposed Amendment”);

WHEREAS, the Court invited public comment to its Proposed Amendment and initially required that such comments be submitted by February 18, 2023, and later extended the deadline to March 3, 2023;

WHEREAS, the Philadelphia Bar Association, America's oldest chartered metropolitan bar association, currently serves more than 12,000 members in the Philadelphia legal community, including many practitioners in the Third Circuit;

WHEREAS, on January 31, 2023, the Federal Courts Committee, Appellate Courts Committee, Criminal Justice Section, Large Firm Associate Committee and State Civil Litigation Section of the Philadelphia Bar Association held a joint meeting to discuss the Proposed Amendment, and during this meeting nearly all attendees opposed the Proposed Amendment;

WHEREAS, in addition to this meeting, the Federal Courts Committee, Appellate Courts Committee, Criminal Justice Section, Large Firm Associate Committee and State Civil Litigation Section received numerous written and verbal comments about the Proposed Amendment from their members, with the overwhelming majority of comments opposing the Proposed Amendment;

WHEREAS, remote working and filing technology has reduced the strain on attorneys and staff when filing after hours, and the convenience that this technology provides has helped many attorneys’ and staffers’ work-life balance;

WHEREAS, for many attorneys and staff, removing the option of after-hours filings can create a strain on work-life balance for attorneys and staff;

WHEREAS, the strain on work-life balance caused by a 5:00 p.m. filing deadline will be felt in large part by attorneys with small, solo, and/or public interest law practices, particularly those attorneys who spend most of their daytime hours in court or with clients;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes the proposed amendment to 3d Cir. L.A.R. 26.1 and amending 3d Cir. L.A.R. Misc. 113.3 to provide that items must be filed by 5:00 p.m. Eastern Time on the “last day” to be deemed filed on that calendar day;

AND BE IT FURTHER RESOLVED that the Chancellor and/or the Chancellor's designee(s) shall submit this Resolution and/or comments not inconsistent herewith to the Clerk of Court by March 3, 2023, communicate this position to the legal profession and the public at his discretion, and take such other action as may be necessary to effectuate this Resolution.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: February 23, 2023