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Question
On March 15, 2024, a civil action for collection of a sum of money was filed in the trial court. On September 1, 2024, the Supreme Court amended Rule 9 to require mandatory electronic filing of pleadings and accompanying documents. The plaintiff’s complaint, filed March 15, 2024, did not include the electronic filing compliance now required by the amended rule. On September 2, 2024, the defendant moved to dismiss the case for noncompliance with the amended rule. The case is pending.
(a) Identify the controlling doctrine on how to construe procedural rules in light of retroactivity for pending cases.
(b) Apply that doctrine to these facts to decide whether the amended rule should govern the pending case.
(c) If the case had been filed on September 2, 2024, after the amendment took effect, would the result be different? Explain briefly.