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Washington Supreme Court hears arguments on ‘constructive filing’ in Wall v. Grover
Summary
In oral argument June 25, 2024, the Washington Supreme Court heard competing counsel over whether a complaint submitted by e‑filing should be treated as 'constructively filed' when the clerk's office records show the complaint was not received during business hours. Counsel disputed the objective record and whether the issue requires a factual hearing or a change in state law.
TUMWATER, Wash. — The Washington Supreme Court on June 25, 2024 heard argument over whether a lawsuit that a petitioner says was submitted by e‑filing within the statute of limitations should nevertheless be dismissed when the clerk’s records show the complaint was not received during court business hours.
David Williams, counsel for petitioner Michael Wall, told the court he watched his legal assistant upload the complaint, the summons and pay the filing fee and that the record therefore raises a genuine factual dispute that should prevent dismissal. “We filed the document at 01:58. We got a rejection at 02:56,” Williams said, describing the sequence of acknowledgments and the office’s later notice.
Amy Verbanzi, counsel for the respondent (Anderson Hunter Law Firm), countered that the objective documents in the record show only the summons was received in a timely way and that the complaint did not reach the clerk’s custody. “This case is not a…
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