Under the mailbox rule, when is a motion for a new trial timely filed?

• A. Timely if mailed to the clerk on or before the filing date and the clerk receives it within 10 days after the filing date.
• B. Timely only if mailed after the filing date.
• C. Timely only if received by the clerk by the filing date.
• D. Timely if filed electronically.

Answer: (A)

The concept being tested is how the mailbox rule applies to timeliness of filing. Under this rule, a document sent by mail is treated as filed on the date it is mailed, as long as it is mailed on or before the filing date and the clerk actually receives it within a specified grace period after that date. Here, that means the motion is timely if it is mailed to the clerk on or before the filing date and the clerk receives it within 10 days after the filing date. This balances the reality of mail delivery with the need to keep deadlines.

If you mail after the filing date, it isn’t timely under this rule. Reaching the clerk only by the filing date ignores the grace period for mail that this rule provides. The rule as stated doesn’t hinge on electronic filing, which follows its own procedures and timelines.