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Filing is denied.

Discussion in 'Civil Court, Procedure & Litigation' started by Brandon L Brackens, Jun 25, 2020.

  1. Brandon L Brackens

    Brandon L Brackens Law Topic Starter New Member

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    Jurisdiction:
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    In appeals court, my friend filed her motion to supplement on time and it was accepted by the courts. The next morning, she showed us that the clerk office had denied her motion under her ECF acct. It had her wonder why was her motion to supplement denied with no explanation and she wants to know why that happened. She received a letter, stating her motion was denied and it don't explain the reason, just her motion was "denied at this time" signed by the deputy clerk. She called and spoke with the deputy clerk because the signature was signed off by the clerk. My friend asked and the deputy clerk claimed "she can't explain why the motion was denied" but it's signed by the deputy clerk. Isn't the denial suppose to come from a judge, not a court clerk? She is seeking legal advice from somewhere and need an explanation.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    Clerks generally may reject filings that in form do not meet the rules for filings with the court. I suggest your friend take a copy of her filing to an experienced appellate attorney in her state for a review of it. That may reveal what the problem was with the filing.
     
  3. zddoodah

    zddoodah Well-Known Member

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    There's no possible way for anyone to address this intelligently (other than by saying that the answer to the question asked is "not necessarily") without seeing the document and the letter from the clerk, etc.

    Your friend would be well-advised at least to consult with a local attorney.
     
  4. army judge

    army judge Super Moderator

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  5. Zigner

    Zigner Well-Known Member

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  6. Tax Counsel

    Tax Counsel Well-Known Member

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    The OP's post is actually not clear. What you linked is an order from the U.S. District Court for the District of Eastern Louisiana. That order is not a law that applies to all federal courts or even all federal courts in Louisiana. It applies to just that one federal district court. And as the case is in an appeals court, I think it's pretty safe to say that the case is not now in federal district court. So the rule you found would not apply here.

    There is no "ECF Act" that I can find in either federal or Louisiana law, and I assumed that the OP's reference to "ECF acct" was to the friend's ECF account. In other words, she went on her electronic case filing account and that's where she saw the denial. That does nothing to tell us in what appeals court this is being litigated (the federal U.S. Court of Appeals for the Fifth Circuit or one of the five state courts of appeal). As most cases, especially those done pro se, are filed in state courts, I think it more likely to be one of the state appellate courts, but we'd need to know that for sure. We also don't know if the friend filed electronically or on paper. You seem to have assumed it was a paper filing, but nothing in the post indicates that.

    In short, there is not enough information here to know why the filing was rejected.
     
  7. Zigner

    Zigner Well-Known Member

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    I do now see that the OP referred to "acct" and not "act". I agree with your post.
     

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