Monday, December 4, 2017

Did the e-filing downtime on Monday caused you to miss a deadline? Here's what to do:

Beginning at roughly 2PM on Monday, December 4, the State's side of the Indiana e-filing system was down for an extended period, thus preventing users from e-filing. At 3PM, we received confirmation of the outage from the Office of Judicial Administration. At 5:30 PM, the system became available again.

If you are reading this before midnight on 12/4 and have a deadline today, the simplest course is to just go ahead and submit your filing now to avoid the need to file a motion for an extension.

If it is now too late, and this situation caused you to miss a deadline, take a look at Trial Rule 86(N)(1), which essentially provides for a one-day extension when an lengthy e-filing system outage prevents filers from meeting a deadline.

We expect that the Trial Courts will all be aware of the scope and timing of this statewide outage via direct communication from Trial Court Technology. However, if the court you are working with requires a statement from Doxpop to attach as an exhibit to the motion described in TR 86(N)(1)(d), please let us know and we'll be happy to supply documentation in support of your motion. (Simply attaching a screen print of this blog post may be sufficient.)

On the appellate side, take a look at Rule 68(M)(1)(d), which appears to be nearly identical to the Trial Court rule on this topic.

1 comment:

Mann Law, P.C. said...

The safest thing to do is to file if it comes back up. The rule is not clear. I tried filing something while it was down and continued to check and found it up so I then filed a mediation report and the settlement documents around 6:30 p.m.