The Federal Rules of Appellate Procedure have now adapted to this practice.
Rule 3 no longer requires a clerk to “snail” mail to provide service of the notice of filing of a notice of appeal. Now, a clerk must “send” the notice (unless it falls under an exception). Basically, under most circumstances, the rule allows electronic service of the notice of appeal.
Rule 5 also now permits electronic service. It also no longer requires a petition to be filed with proof of service on all other parties to the lower court’s action.
The amendments to Rule 25 also eliminate the requirement of filing proof of service as long as a paper is electronically filed in the system.
Lastly, Rule 26 used to add on three days for mailing automatically. Now, those three days are only added to the computation of time when a paper is NOT served electronically.
The appellate life just got a tiny bit easier, folks. Finally, electronic service through e-filing is recognized by the rules.
If you need help with a dispute, are thinking of filing a lawsuit, or appealing a federal decision, contact the trial attorneys at the Goosmann Law Firm, PLC, in our Omaha, Sioux City, or Sioux Falls offices. We are here to help.