Fax Filing Beats Prescription

In Northern Insurance Co. of N.Y. v. Gabus, decided July 7, 2004, Judge Woodard of the Third Circuit explains the workings of the statutes allowing a suit to be filed by fax. The case arose from a fire that occurred on September 30, 2001. On September 30, 2002, an amended petition was faxed to the clerk of court naming Assurance Co. of America as an additional plaintiff. Under Louisiana law, Assurance had five days, excluding holidays, to get the original amended petition to the clerk. The clerk didn't receive the original until October 8. But the courthouse was closed from October 2 to October 8, so those days of closure didn't count against Assurance's five-day deadline. Result: Assurance's petition was timely.

Posted by RPW at July 15, 2004 01:47 PM