In New Jersey’s U.S. District Courts, oral argument is scarce and uncertain. Briefing has therefore become that much more important. Anyone who practices in federal courts will often use every available minute to get in the last word. Literally.

The current rule allows electronic filing up to 11:59 p.m. to count as the date the filing is due. The Third Circuit, however, has proposed a rule (comments due by Feb. 18, 2023) that would cut all filings off at 5 p.m. on the due date, otherwise it would be considered to be filed the next day. We do not know the exact reason, but published reports indicate it is the Circuit’s effort to improve attorneys’ “work-life balance.”