E-Filing in New York and Why Procedure Matters

This past week I found out (through twitter) that the New York Senate passed legislation allowing more cases to be electronically filed (e-filed).  I think I mentioned it before, but in case I didn't, the New York Senate has a twitter account: @NYSenate.  That's how I found out about the e-filing thing.  

Should any of you still be on the fence as to whether you should pay attention to procedure, a recent post on Crime & Federalism might change your mind.  Mike1 (the author) writes about a case where the plaintiff/appellee managed to "waive[] waiver" by not arguing the issue on appeal.  The post also gives one of the best quotes on procedure I've seen:

Procedural law breaks hearts.  The facts are the facts.  You can
spin – not change – them.  Even the substantive law isn't especially
malleable.  If you lose on the facts or substantive law, why can you
do?  Curse the law, sure.  There is no need for tears or guilt.
 Procedural law is different.


If you make a procedural
error, it doesn't matter if the facts or substantive law are on your
side.  You can't go to court.  Procedural errors haunt.


I almost forgot about his post until I read Scott Greenfield's installment of Blawg Review, Sphincter Rules.

Finally, I found another good blog on writing, Men with Pens.  I liked the post on adding flow to your writing.  Despite my blogging, I've never been comfortable with pen and paper (or a keyboard).  So I read, and try to learn.

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1.  We aren't on first name basis; I don't want to mislead anyone.  If we ever met, he would probably call me stupid and smack me with his keyboard.  I would probably deserve it.

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