4:35 p.m. Filing Under a Size Cap

Sequence:

1. Call the attorney first (60 seconds). Confirm whether the motion and memorandum are one document or two under the local rules, and whether exhibits may be filed as separate attachments - that alone may solve the size problem.
2. Reduce before splitting. Re-export the exhibits at 300 dpi grayscale; most image-only scans shed 60–80% of their size with no loss of legibility. Split only if still over 20 MB, into clearly labeled volumes (“Exhibits 1–4,” “Exhibits 5–8”) with an index page in the main document.
3. File the main document first, then attachments as separate entries, so the operative motion is on the docket even if an exhibit upload fails.
4. Retain proof: the Notice of Electronic Filing, the confirmation number, and a screenshot of the timestamp.

If it fails: the desk closing at 5:00 is a firm habit, not necessarily the legal deadline - most federal courts treat a filing completed before midnight in the court's time zone as timely, so verify the local rule before panicking. If the system itself is down, call the ECF help desk, get a ticket number, and write a contemporaneous memo of every step, time, and error message. That memo plus the ticket is what supports a request under Rule 6(b) or the court's technical-failure procedure.

The text layer is not cosmetic. Four reasons it matters:

• Redaction integrity. The most common breach is a black box drawn over text that is still fully selectable underneath. OCR the document, then verify by searching the PDF for the redacted strings (a Social Security number, a minor's name, a date of birth) and confirming zero hits. Rule 5.2 requires redaction of exactly those categories in federal filings.
• Court requirements. Several courts require searchable PDFs, and judicial staff and law clerks work from the text.
• Review efficiency. The attorney cannot verify 40 exhibits tonight by eye alone.
• Metadata. Before uploading, strip or check document properties - author name, original file path, tracked changes, and comments can reveal work product or privileged edits.

Standing fixes to put in place afterward: a firm naming convention (date_case_document_v1), a flattened final-PDF step, a scan profile at the receptionist's station set to 300 dpi grayscale with OCR on by default, and a one-page pre-filing checklist (size cap, bookmarks, exhibit tabs, confidentiality designations, redaction search, confirmation saved).

Treat this as a potential data incident, not a filing-cabinet problem.

Immediately: stop routing scans there; disconnect the folder from the scanner profile; do not delete anything (deleting destroys the record of what was exposed). Disable the saved credentials on that machine and change any shared passwords. Notify the managing attorney and, if the firm has one, the IT vendor, today - not after the filing.

Assess: how long the folder has been shared, who else had access, whether the account was personal or firm-owned, and whether the files include protected health information. Medical records trigger a separate analysis: state breach-notification statutes, contractual obligations in the firm's engagement letters, and HIPAA if the firm is acting as a business associate of a provider.

Remediate: move the files to firm-approved storage with a log recording what was moved, when, and by whom; rotate credentials; confirm the former employee's access is fully revoked; add an offboarding checklist item - “revoke all credentials and shared folders” - signed by the departing person.

Disclose as required: Rule 1.6 and your state's rules require informing affected clients when confidential information has been compromised. The attorney makes that call; your job is to hand over an accurate, dated account.