Saturday, November 12, 2005

Paper filing of notice of dismissal beats electronically filed answer

In the very interesting case of Powell Construction Company, Inc. v. U.S. Crane and Rigging, Inc., the defendant claimed that the plaintiff's notice of voluntary dismissal under Rule 41, filed on paper, was ineffective, because the W.D. Va. requires electronic filing, and that because the defendant had subsequently e-filed an answer, voluntary dismissal could not be granted without leave of court.

Judge Wilson ruled that because of technical difficulties with the case, which had been transferred from the E.D. Tenn., the paper filing was permitted, and was in substantial compliance with the Federal Rules and the local standing order on electronic filing, and therefore it would be given effect.

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