Late E-Filing, a Rejected PDF, and an Underpaid Fee
A scrivener files a statement of claim by e-filing at 23:58 on the last day of the limitation period. The claim seeks 2,750,000 in damages and 180,000 in interest. The system accepts the upload but at 00:04 sends an automated rejection because the PDF is 21 MB and the limit is 20 MB. The scrivener resubmits a compressed file at 09:12 the next morning. The court clerk stamps it as filed at 09:12. The defendant pleads limitation. The filing fee schedule is based on the claim amount: a base fee plus a percentage. The scrivener paid 18,000, but the clerk says the correct fee is 20,500. The scrivener argues the original upload was timely and the rejection was a system error.
1. Was the claim timely filed? Analyze the e-filing rules and the equitable arguments.
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Electronic filing is generally complete when the court system accepts the submission, not when the party clicks upload. The 23:58 upload was not accepted: the system rejected it at 00:04 for exceeding the 20 MB limit. This is user-side error, not a court system outage. The resubmission at 09:12 is therefore the operative filing, and the limitation defense has a strong basis. The scrivener should not argue that the upload itself stopped the clock. Instead, check whether the rules permit a filing date to relate back when a rejected filing is corrected promptly, and if not, apply for an extension or ask the court to exercise any discretion to excuse late filing. Preserve the rejection notice and system logs. The scrivener should also check whether the client can assert that the defendant had notice before the deadline, though notice alone usually does not cure late filing.
2. How should the filing fee be verified and corrected?
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The fee must be recalculated from the official schedule, not from the amount paid. Aggregate the principal and any claims that are counted under the schedule; check whether interest is excluded or included. Apply the base fee plus the marginal percentage to the aggregate. The clerk's 20,500 figure should be verified line by line and put in writing. If the fee is underpaid, pay the balance immediately and keep the receipt; nonpayment can lead to dismissal or refusal to proceed. If the scrivener believes the clerk is wrong, request a written assessment and a short extension to pay without waiving the point. The client should be told that a fee dispute is secondary to the limitation problem, but both must be addressed before the next hearing.
3. What should the scrivener do about the rejection record and client communication?
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The rejection record is the key evidence. Save the automated receipt, the rejection email, the file-size metadata, the uploaded PDF, and the resubmitted version. Ask the court's e-filing support for a system log showing receipt and rejection times. Prepare a short declaration from the person who filed, with the exact sequence. Notify the client of the limitation risk in writing and recommend a fallback claim or extension request. Do not alter the original files after the fact; keep a forensic copy. If the court's portal has a message center, preserve screenshots. The scrivener should also review internal file-size checks to prevent recurrence and document that review, because a pattern of late filings may affect professional-liability exposure.