Under Rule 5b, is email service subject to a 5 PM cutoff?

Under Rule 5b, is email service subject to a 5 PM cutoff?

• A. True
• B. False
• C. Not specified
• D. 9 PM cutoff

Answer: (A)

The main concept here is that electronic service by email under Rule 5b is time-bound. The rule sets a daily cutoff of 5:00 p.m. for emails to be considered timely. If an email is sent before 5:00 p.m. on a business day, the service is timely; if it’s sent after 5:00 p.m., it does not meet the timely requirement for that day. This cutoff provides a predictable deadline for notice through electronic service, similar in purpose to deadlines that exist for other forms of service. Remember that electronic service generally requires the recipient’s consent or authorization under the rule, but the 5 p.m. cutoff itself is what makes the statement true.

The main concept here is that electronic service by email under Rule 5b is time-bound. The rule sets a daily cutoff of 5:00 p.m. for emails to be considered timely. If an email is sent before 5:00 p.m. on a business day, the service is timely; if it’s sent after 5:00 p.m., it does not meet the timely requirement for that day. This cutoff provides a predictable deadline for notice through electronic service, similar in purpose to deadlines that exist for other forms of service. Remember that electronic service generally requires the recipient’s consent or authorization under the rule, but the 5 p.m. cutoff itself is what makes the statement true.