When the two parties are treated differently, it is NOT “equal justice under law“.Out of the two parties. one who is represented by the attorney file electronically and get instant docket numbers and get the real-time order while the self -representing litigants are not allowed to file electronically. They have to go in person to deliver the documents to the court or have to stand in the line in the post office to find out postage. They are also subjected to delays in the mail, lost mail, clerical errors.
To: Advisory Committee on the Federal Rules of Appellate Procedure From: Edward Hartnett, Reporter
Date: September 26, 2020
Re: Suggestion to Permit Electronic Filing by Pro Se Litigants (20-AP-C; 20-CV-J)
Dr. Usha Jain has submitted a suggestion that pro se litigants be allowed to file electronically, particularly in light of the coronavirus pandemic.
Federal Rules of Appellate Procedure 25(a)(1) provides, in relevant part:
(B) ELECTRONIC FILING AND SIGNING.
By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by a local
By an Unrepresented Person—When Allowed or Required. A person not represented by an attorney:
may file electronically only if allowed by court order or by local rule; and
may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.
Whether pro se litigants, then, may file electronically is left to local rules and court orders.
If the Committee thinks that it might be time for national uniformity regarding electronic filing by pro se litigants, I would suggest the creation of a subcommittee to explore this suggestion.
If, on the other hand, the Committee thinks that local variation remains appropriate, I would suggest removing this item from the Committee’s agenda.
Date June 23, 2020
Rebecca A. Womelsdorf, Secretary Committee on Rules of Practice and Procedure United States Judicial Conference
One Columbus Circle, NE Washington, D.C. 20544
VIA EMAIL: [email protected]
Re: Comment on Emergency Rulemaking and URGENT Efforts to prevent the spread of deadly COVID-19 and related deaths
Respected Ms. Womelsdorf:
As a concerned board-certified emergency medicine physician, I respectfully request that you, as a member of the rulemaking committee, facilitate an administrative change allowing self-representing people to file electronically in the Federal Court so that self-representing people have equal access to filing and receive the real-time orders of the court. This is especially relevant during the current tragic times of global pandemic and the spread of COVID-19.
The risk of exposure and spread of the deadly virus is increased when people are required to visit the post office to mail the paper filings as they must stand in line with those who may be infected in order to calculate and purchase postage or they must touch unsanitized self-service machines that are touched by many others each hour. Hand delivery to the court also increases exposure to other members of the public unknown to them as well as employees.
The appellate Federal Court (11th Circuit) and state court both allow filing electronically for self-representing citizens. Because electronic filing has ZERO risks for spreading COVID-19 and thus could help prevent the spread of the deadly disease, I urge you to allow the Federal Court, by an administrative order, to provide the electronic filing option to self-representing citizens.
There are GUIDELINES set forth by the CDC, FL Surgeon General, President Trump and Florida Governor DeSantis, and many other leaders and experts to prevent the spread of coronavirus. These guidelines have included closing government offices when possible and having many employees work remotely and electronically.
Electronic filing for self-representing citizens would also help those with medical conditions, physical limitations, and handicapped status. It would “level the playing field” for those who choose not to hire an attorney.
I humbly request that you evaluate and use logical reasoning for equal opportunity to prose litigants. This would increase judicial efficiency, lessen hardship due to medical disability and now to protect the safety of lives of prose litigants, especially those over 70 with comorbid conditions and high risk of mortality.
Gratefully yours,
Dr. Usha Jain