What should a party do if their electronic filing is delayed due to transmission failure?

When dealing with a delayed electronic filing due to transmission failure, the appropriate action is to file a motion asking the court to accept the document as timely filed. This approach acknowledges the situation and demonstrates due diligence on the part of the party experiencing the delay. The court may allow the filing to be accepted despite the technical issues, recognizing that the failure was not due to the filing party's negligence and that they attempted to comply with the deadline.

Filing a motion in this context serves two purposes: it formally notifies the court of the issue and requests its jurisdictional discretion to consider the document as submitted on time, despite the transmission hiccup. Courts often have protocols for addressing such situations to ensure that parties are not unfairly penalized for issues beyond their control.

In contrast, immediately refiling the document may not be sufficient, as it disregards the original deadline and could potentially complicate the timeline or lead to confusion regarding which filing supersedes the other. Contacting the court for assistance might be a part of the process, but it does not directly address the need to justify the late submission. Ignoring the delay lacks any proactive measure to rectify the situation and would likely result in adverse consequences, such as the document being treated as late and therefore not