Thursday, February 05, 2004

Delegates want Va. S.Ct. to change rule to encourage electronic filing

The Coalfield Progress reports here on this House resolution submitted by Delegates Phillips and Kilgore asking the Virginia Supreme Court to change Rule 1:17 to eliminate the language that says ""by the consent of the parties and agreement of the clerk" and replace it with "by election of any party to the litigation." The resolution notes that "the Office of the Executive Secretary of the Supreme Court of Virginia is now preparing for a statewide electronic filing system to be enabled during the next year." (That's news.)

The change in the Rules might be a noble concept, but I found out the other day that there are some lawyers in Bristol, Virginia, who have no fax machines, much less e-mail or Internet access. I'd say that's the case for a few lawyers in every jurisdiction in the state. Would it be beyond the bounds of zealous advocacy to require electronic filing of such a lawyer on the other side of a case?

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