Attorney-at-Law

THE OCTAVIA RULES – PART DEUX

In Uncategorized on 05/12/2020 at 10:20

Back in the winter of ’15, Winter Storm Octavia blew through Our Nation’s Capital and shuttered the Glasshouse on Second Street. And then-STJ Armen, the Judge With a Heart, crafted an exception to the Iron Law of wet ink snail mail on time. See my blogpost “Blow, Blow, Thou Winter Wind – Part Deux,” 8/24/15.

Well, last week the Octavia Rules were applied to applications to take the Tax Court Bar exam. Aspirants for torture can e-mail their forms. Here’s the skinny.

OK, so everyone who has a case is urged to sign up for eAccess. And if you don’t have a case but want to represent those who do, you can e-mail your application. While the press release doesn’t say so, why shouldn’t attorneys admitted in any US jurisdiction be allowed to seek admission via e-mail or e-filing?

And even more to the point, why can’t petitions and amendments thereto be filed electronically? Rule 34(a), effective 11/30/18 says, in pertinent part, “A petition may be filed electronically under the electronic filing procedures established by the Court, or a petition may be filed by properly mailing or hand delivering it to the Court.” So what’s holding up the parade?

Octavia was a one-day wonder. COVID-19 is here for the long haul.

 

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