Do the Local Rules of the Eastern District of Tennessee on electronic case filing recognize the three day response period allowed by the federal rules when a document is mailed?
The Local Rules of the Eastern District of Tennessee provide at E.D. TN. LR 5.2(d): “Pursuant to Federal Rule of Civil Procedure 5(b)(2)(D) and Federal Rule of Criminal Procedure 49(b), the Notice of Electronic Filing generated by the Court’s Electronic Case Filing System shall constitute service of the electronically filed documents on persons who have consented to electronic service and waived the right to service by personal service or first class mail.” Federal Rule of Civil Procedure 5(b)(2)(D) provides: “Service under Rule 5(a) is made by: . . Delivering a copy by any other means, including electronic means, consented to in writing by the person served. Service by electronic means is complete on transmission. Federal Rule of Civil Procedure 6(e) provides: Additional Time After Service under Rules 5(b)(2)(B), (C) or (D). Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon
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