Irahetaj's Weblog

Linebarger is not above the law!

Iraheta v. Linebarger Goggan Blair & Sampson…The Appeal, reading the fine print

Posted by irahetaj on August 18,

This week I got caught off-guard…as they say, the devil is in the details!!!

On August 11, 2017, I mailed to the Appeals Court a motion to allow e-filing of case documents.  On August 14, 2017, the Appeals Court received my motion, entered it in the docket, and determined the motion to be deficient because it did not include a Certificate of Compliance.

I had reviewed the Court’s Rules and the Federal Rules of Appellate Procedure and knew about the Certificate of Compliance requirements for the Appellant’s Brief…but overlooked the certificate’s requirements for the Motions.  Even though the motion is less than 300 words (out of 5K words allowed for the motion), the lack of the certificate made the motion deficient and an amended motion was required.  Guess I didn’t pay attention to the fine print.  Small mistake… lesson learned.

See court’s docket and amended motion via links below.

Appeal Docket_17-20505_18Aug2017

Appeal_Iraheta_A-MTN_Efile

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