Friday, January 04, 2008, 1:52 PM

"My Computer Ate My Homework" May Work To Extend Notice Of Appeal Deadline At Federal Level

The federal courts seem to take a softer approach to violations of their rules of appellate procedure than NC's courts have, particularly over the past 2 years. An example of this was seen today, when the U.S. Court of Appeals for the Federal Circuit held in Gilda Industries Inc. v. U.S. that the trial court could entertain a motion to extend the deadline for filing a notice of appeal where trial counsel unsuccessfully tried to file electronically his client's notice of appeal on the last possible day.

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