PART I — FOUNDATION
Rule 6. Noncompliance, correction, and harmless procedural error
Proportionate response
For noncompliance with a Rule, order, or technical standard, the Clerk or Court may:
direct a corrected or supplemental filing;
accept the filing and order a later correction;
strike all or part of a filing;
decline to consider an unsupported issue;
deny relief;
issue an order to show cause;
impose a sanction authorized by law; or
take another lawful, proportionate action.
Timely notices invoking review
The Clerk must not reject a timely notice of appeal, administrative notice of appeal, or other jurisdiction-invoking document solely for a correctable defect in caption, formatting, filing code, word count, appendix, fee status, or certificate. The Clerk must accept it and direct a prompt supplemental or corrected filing unless:
required documents were never completely received;
the filing is unintelligible as an attempt to invoke review;
the filer lacks authority to act for the named party; or
acceptance would itself violate law.
No silent alteration
No person may replace, overwrite, or silently edit a received document. Correction occurs through a new filing that identifies the original Bates number and explains the change.
Harmless procedural error
The Court must disregard a procedural error that does not affect jurisdiction, substantial rights, reliable adjudication, or meaningful notice. This subdivision does not alter the separate harmless-error standards governing review of a lower judgment.
Self-represented parties
The Court construes a self-represented filing by its substance and may excuse a nonprejudicial form defect. Self-representation does not excuse a jurisdictional requirement, deadline fixed by law, truthfulness, service of original process, or compliance with an order protecting another person.
Judicial review of Clerk action
A filer may seek review of a Clerk rejection or deficiency direction by motion within two days after service of notice of the Clerk action. The rejection remains effective unless a Justice or the Court orders otherwise.