Supreme Judicial Court Rules

Electronic Filing Rules

Supreme Judicial Court Rules Massachusetts Rules of Electronic Filing Rule 15: Technological failures and timeliness of filing

Adopted Date: 06/07/2018
Effective Date: 09/01/2018
Updates: Adopted June 7, 2018, effective September 1, 2018 (480 Mass. 1301)

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(a) Technological failure of the provider may excuse untimely filing

A User whose filing is made untimely as a result of a technological failure of the Provider may seek appropriate relief from the court. The court may enter an order permitting the document to be deemed filed or served as of the date it was first attempted to be transmitted electronically. If appropriate, the court may adjust the schedule for responding to these documents or for the court's hearing, or provide other relief.

(b) Scheduled maintenance will not excuse untimely filing

Notice of known system outages or maintenance will be posted by the Provider in advance on the User login screen. The notice will be posted as soon as the scheduled date and time is confirmed. Users will also receive e-mail notification of the upcoming downtime. Scheduled maintenance will not constitute a technological failure under these E-Filing Rules nor excuse an untimely filing.

(c) User error will not excuse untimely filing

Problems on the User's end, e.g., problems with the User's Internet Service Provider (ISP), hardware, or software problems, will not constitute a technological failure under these E-Filing Rules nor excuse an untimely filing.

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