Recently we issued an opinion that the e-filing regime in the Superior Court was not adapted to the federal deadline for removing cases to the District Court of 30 days from notice to the defendant of the initial complaint. The problem is that the plaintiff serves the defendant with the complaint and thereafter e-files the complaint with the Superior Court at least six days before the return day set by the plaintiff, a day that may be more than 30 days after service of the complaint on the defendant.
Currently the defendant can file nothing until the plaintiff e-files the complaint. So if the plaintiff files the complaint 31 days after service on the defendant, the federal deadline has passed before the defendant can file the removal notice. Catch-22!
