[PDF] federal court mailbox rule

What is the mailbox rule?

The mailbox rule has much of its origin in contract law, and it has even been applied and accepted in cases involving inmates. “The mailbox rule states that an incarcerated pro se litigant’s filing requirement is met when the pro se litigant delivers a document to prison authorities for mailing. [ Faurot v.

Does Georgia have a mailbox rule?

Georgia has not updated the Civil Procedure Act’s guidelines. Litigants in Georgia courts are currently still entitled to the benefit of the extra three days under the “mailbox rule” when responding to a pleading that was served via mail or e-mail. O.C.G.A. § 9-11-6 (e).

What is the post box rule in contract law?

The posting rule (or mailbox rule in the United States, also known as the “postal rule” or “deposited acceptance rule”) is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Acceptance is effective as soon as it is posted.

Why did the Supreme Court create the'mailbox rule'?

The Supreme Court created this so-called “mailbox rule” because prisoners have no control over when and if prison staff will deliver the papers to the court. So the Court held that once handed to staff, it’s as good as filed with the clerk, no matter when it arrives at the court.