In re Engichy [2003] FMSC 39; 11 FSM Intrm. 450 (Chk. 2003) (28 March 2003)

FSM SUPREME COURT TRIAL DIVISION
Cite as In re Engichy
[2003] FMSC 39; 11 FSM Intrm. 450 (Chk. 2003)

[2003] FMSC 39; [11 FSM Intrm. 450]

IN RE JUDGMENTS AGAINST JOHN ENGICHY,
ISLAND IMPORTS, and ROSEMARY ENGICHY,
Judgment-Debtors.

CIVIL ACTION NO. 2003-1001

ORDER ENLARGING TIME

Martin G. Yinug
Associate Justice

Decided: March 28, 2003

APPEARANCE:

For the Judgment-Creditor: Stephen V. Finnen, Esq.
(Trans Pacific Export Co.) Law Offices Of Saimon & Associates
P.O. Box 1450
Kolonia, Pohnpei FM 96941

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HEADNOTES

Civil Procedure - Filings
Filing by fax is permitted only by order of a justice for special cause given. The rule allowing fax filing for special cause is not an excuse to wait for the filing deadline and then fax the papers to the court. Waiting to the last minute because it can then be faxed does not constitute "special cause." In re Engichy[2003] FMSC 39; , 11 FSM Intrm. 450, 451 (Chk. 2003).

Civil Procedure - Filings
The court may, without notice upon a party’s request for cause shown, order an enlargement of time to file if the request is made before the expiration of the period previously ordered by the court. The higher standard of "special cause given" is required for fax filing. In re Engichy[2003] FMSC 39; , 11 FSM Intrm. 450, 451 (Chk. 2003).

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[2003] FMSC 40; [11 FSM Intrm. 451]

COURT’S OPINION

MARTIN G. YINUG, Associate Justice:

On March 28, 2003, counsel for judgment-creditor Trans Pacific Export Co. LLC moved for permission to file by fax his memorandum concerning judgment and priority in these consolidated cases. Filing by fax is permitted only by order of a justice for special cause given. FSM Civ. R. 5(e). No reason was given other than it would not reach the court in time by mail. No reason is given why this memorandum was not prepared in a timely fashion so that it could be filed in the usual manner. The rule allowing fax filing for special cause is not an excuse to wait for the filing deadline and then fax the papers to the court. Filing deadlines are set so that counsel will have ample time to file papers without resort to facsimile transmission. Waiting to the last minute because it can then be faxed does not constitute "special cause." The Motion to File by Facsimile is therefore denied.

However, because of the importance of having the matter before the court; because the court may order an enlargement of time without notice upon a party’s request for cause shown if the request is made before the expiration of the period previously ordered by the court, FSM Civ. R. 6(b)(1), instead of the higher standard of "special cause given" required for fax filing, FSM Civ. R. 5(e); and because another counsel in these consolidated cases was granted an enlargement of time from March 28, 2003 to March 31, 2003, in which to file his memorandum on the same topics, NOW THEREFORE IT IS HEREBY ORDERED that, instead of fax filing, the time is enlarged until March 31, 2003 for Trans Pacific Export Co. LLC to file and serve its memorandum.

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