The Tenth Circuit recently affirmed a summary judgment entered by a trial judge in Kansas because counsel failed to properly understand the numbering system for exhibits imposed by e-filing. His 700 pages of exhibits in opposition to the defense MSJ were ignored by the trial court because the page citations were inadequate– apparently because the e-filing system renumbered them.

The appellate court (McKay, J.) held that the trial judge was completely within the bounds of its discretion in disregarding the exhibits to the opposition to the MSJ and, thus, in disregarding the factual basis for the opposition.

Harsh treatment– and petty. Cases ought to be decided on the merits. Wouldn’t a simple call to counsel from the clerk asking him to renumber the exhibit citations in his memorandum in opposition have better served the interests of justice?

After all, remember Rule 1, F.R.Civ.P., “These rules govern the procedure in all civil actions [and] should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Certain Underwriters at Lloyd’s London v. Garmin Int’l, (10th Circuit, #13-3310, March 27, 2015.)