When calculating deadlines in federal court, most attorneys are
familiar with the "mailbox rule" (Federal Rule of Civil
Procedure 6(d)). Until recently, the "mailbox rule"
provided respondents with an additional three days to respond to
pleadings and discovery that were served via e-mail, via the
federal court's e-file system, or via traditional "snail
mail" options. Prior to the advent of e-mail and e-filing, the
original purpose of the rule was to provide some breathing room for
respondents in case there was an issue with delivery of pleadings
and discovery via "snail mail."
In 2001, the
Federal Rules of Civil Procedure were amended to add e-filing
and e-mail to the types of service that received the benefit of the
"mailbox rule." This was done, presumably, to account for
technological difficulties in transmitting pleadings electronically
as courts transitioned from paper filing to electronic filing.
According to the Advisory Committee's notes, "[t]here
