Thursday, July 8, 2010

On updating the law…

I recently took OLA last summer and within that time I was required to file several Compliance pleadings, wherein a party is required to inform the court within a certain number of days of the receipt of their judgment. It is basically a one-page pleading stating the date of receipt of the order.

In asking my supervising lawyer to sign my pleadings (I had to send seven copies to the Court of Appeals alone), she made a comment of how convenient it would be to just send them through email, and I couldn’t agree with her more.

In a time where being environmentally-conscious is becoming a trend, this would be a great step towards modernizing rules regarding procedure. It could be done where parties are to email pleadings and other papers in PDF formats instead of sending paper copies through registered mail. Not only will this reach the Court in a shorter amount of time, it could save a lot of trees in the process.

A state in the US has taken initiative in something similar. A special committee of The Florida Bar has proposed that Florida lawyers serve lawsuit pleadings and papers by email instead of sending paper copies by U.S. Mail.

If the courts are afraid of the change that will occur in the process, it could be possible to begin with the process on minor pleadings, such as the ones only confirming receipt. I think it is about time to update the Rules of Court in terms of procedure, allowing it be consistent with the technology available today.

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