Attorney-at-Law

“I SING THE PETITION ELECTRONIC” – PART DEUX

In Uncategorized on 09/30/2020 at 10:14

Today’s torch song from my electronic songbook comes courtesy of Gregory R. Carson, Docket No. 10801-20, filed 9/30/20, but it’s not Gregory’s story. Rather, the lyrics are furnished by Gregory’s trusty attorney, whom I’ll call Mr. W.

Gregory petitioned on paper.

On the same day as the petition hit the Glasshouse, “…petitioner, through his counsel [Mr. W.], filed a Motion To Allow Electronic Filing of Petition which the Court will recharacterize as petitioner’s Letter.” Order, at p. 1.

Thus spake Ch J Maurice B (“Mighty Mo”) Foley.

So it’s a Letter. And it’s filed. But is it moot, because there was a paper filing? If Gregory and Mr. W. want to amend the petition, does the Letter serve as a motion to allow electronic filing of amended petition(s)?

And what about the long-awaited revisions to Rules to permit electronic filing of petitions (and presumably amendments thereto) that were announced in November 2018? See my blogpost “I Sing the Petition Electronic,” 11/30/18.

Has Mr. W. cut the Gordian Knot? Do petitioners and counsel send Letters pre-petition? Will the Court treat such a Letter as an attempt to petition, sufficient to satisfy the 30-day or 90-day cutoff for petitioning NODs or SNODs?

I’m sure I am not the only observer-practitioner who would like to know the answers.

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