The U.S. Court of Appeals for the Third Circuit’s proposal to move its filing deadline from midnight to 5 p.m. cuts against the general trend toward flexibility in the legal profession that many legal professionals have come to appreciate. At most, the Third Circuit should instead consider formalizing a preference for filings before 5 p.m.

It is perhaps worth noting that members of the Young Lawyer Editorial Board were not practicing law when it was commonplace to file briefs in person at the clerk’s office before the courthouse closed for the day. And as far as we can tell, no one seems to miss those days. The ease and flexibility of e-filing are a small comfort in the course of a busy work week, and it is practically taken as a given that e-filing deadlines are by midnight, when the new day begins (save for a few outlier state and federal jurisdictions).

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