MTC: Federal Circuit's Drop Box Relocation Sends a Signal Threatening Access to Justice: Why Paper Filing Options Must Remain Accessible 📝⚖️

Midnight Filing Rights Under Threat by Federal Court Drop Box Move.

The Federal Circuit's recent decision to relocate its paper filing drop box from outside the courthouse to inside the building, with restricted hours of 8:30 AM to 7:00 PM, represents a concerning step backward for legal accessibility. This policy change, effective October 20, 2025, fundamentally undermines decades of established legal practice and creates unnecessary barriers to justice that disproportionately impact solo practitioners, small firms, and self-represented litigants.

The Critical Role of 24/7 Drop Box Access 🕐

For generations, the legal profession has relied on midnight filing capabilities as an essential safety net. The traditional 24-hour drop box access has served as a crucial backup system when electronic filing systems fail, internet connectivity issues arise, or attorneys face last-minute technical emergencies. Federal courts have long recognized that electronic filing deadlines extend until midnight in the court's time zone, acknowledging that legal work often continues around the clock and in different time zones across the globe.

The ability to file papers at any hour has been particularly vital for attorneys handling time-sensitive matters such as emergency motions, appeals with strict deadlines, and patent applications where timing can be critical to a client's rights. Research shows that approximately 10% of federal court filings occur after 5:00 PM, with many of these representing urgent legal matters that cannot wait until the next business day.

Technology's Promise and Perils ⚙️

While electronic filing systems have revolutionized legal practice, they are far from infallible. Court system outages occur with concerning regularity - as recently demonstrated by Washington State's two-week court system shutdown due to unauthorized network activity. When CM/ECF systems go offline, attorneys must have reliable alternative filing methods to meet critical deadlines.

The Federal Circuit's own procedures acknowledge this reality, noting that their CM/ECF system undergoes scheduled maintenance and may experience unexpected outages. During these periods, having accessible backup filing options becomes essential for maintaining the integrity of the legal process. The relocation of the drop box inside the building with limited hours eliminates this crucial failsafe, potentially leaving attorneys with no viable filing option during system emergencies outside business hours.

Digital Divide and Access to Justice Concerns 📱

Tech-Savvy Lawyer Battles Drop Box Access and Justice Barrier.

The restricted drop box access exacerbates existing digital equity issues within the legal system. While large law firms have robust IT infrastructure and technical support, solo practitioners and small firms often lack these resources. Self-represented litigants, who represent approximately 75-95% of parties in many civil cases, face even greater challenges navigating electronic filing requirements.

Studies have shown that technology adoption in courts has disproportionately benefited well-resourced parties while creating additional barriers for vulnerable populations. The Federal Circuit's policy change continues this troubling trend by prioritizing operational convenience over equal access to justice.

Legal Practice Realities 💼

The Federal Circuit's restricted hours—8:30 AM to 7:00 PM, Monday through Friday—fail to recognize the realities of modern legal practice. Patent attorneys, who frequently practice before this court, often work across multiple time zones and may need to file documents outside traditional business hours due to client demands or international coordination requirements.

Moreover, the new policy requires documents to be date-stamped and security-screened before deposit, adding additional procedural steps that could create delays and complications. These requirements, while perhaps well-intentioned from a security perspective, create practical obstacles that could prevent the timely filing of critical documents.

Recommendations for Balanced Approach ✅

The Federal Circuit should reconsider this policy change and adopt a more balanced approach that strikes a balance between security and access to justice. Recommended alternatives include:

Hybrid access model: Maintain extended drop box hours (perhaps 6:00 AM to 10:00 PM) to accommodate working attorneys while addressing security concerns.

Emergency filing provisions: Establish clear procedures for after-hours emergency filings when deadlines cannot be met due to the restricted schedule.

Enhanced electronic backup systems: Invest in more robust CM/ECF infrastructure and backup systems to reduce the likelihood of system outages that would necessitate paper filing.

Stakeholder consultation: Engage with the patent bar and other frequent court users to develop solutions that balance operational needs with practitioner requirements.

Preserving the Foundation of Legal Practice ⚖️

Drop Box Limits Highlight Digital Divide in Federal Courthouse Access.

The Federal Circuit's drop box policy change represents more than an administrative adjustment - it undermines a fundamental principle that the courthouse doors should remain open to all who seek justice. The legal profession has long operated on the understanding that filing deadlines are absolute, and courts have historically provided mechanisms to ensure compliance even under challenging circumstances.

By restricting drop box access, the Federal Circuit sends a troubling message that convenience trumps accessibility. This policy particularly harms the very practitioners who help maintain the patent system's vitality - innovative small businesses, independent inventors, and emerging technology companies that rely on accessible filing procedures.

The court should reverse this decision and either restore 24-hour drop box access or, at a minimum, extend the hours to serve the legal community and the public better. In an era where access to justice faces mounting challenges, courts must resist policies that create additional barriers to legal participation. The integrity of our judicial system depends on maintaining pathways for all parties to present their cases, regardless of their technological capabilities or the timing of their legal needs.

MTC