Local Rule 5005-1: Electronic Case Filing

Rule 5005-1 Electronic Case Filing

(a) Procedures.

(1) The filing of documents in electronic format will be in accordance with this Rule and any additional electronic filing procedures promulgated by the Clerk of Court.

(2) Participants in the CM/ECF System are responsible for ensuring that current filing procedures are followed.

(b) Registration. (1) [A] All attorneys admitted to practice in this court who wish to file papers must obtain access to the court via the attorney's individual PACER account to permit the attorney to participate in electronic filing. [B] Requests for exceptions to the requirements of subparagraph (1)[A] must be submitted via ex parte motion setting forth the reasons requiring an exception, supported by an affidavit.

(2) Every trustee appointed in cases before this court must obtain access to the court via the trustee's individual PACER account to permit the trustee to participate in electronic filing.

(3) Limited Filing Privileges. Any duly authorized individual officer or agent of a non-individual creditor or interested party may be granted access to the court via the individual's PACER account to permit the individual to file certain designated documents on behalf of the creditor or interested party.

(4) Other Designated Professionals. Certain professionals whose employment has been approved by the court may obtain access to the court via the professional's PACER account to permit the professional to file electronically.

(5) Consent to Electronic Notice and Service. Participation in the CM/ECF System by attorneys, trustees and other designated professionals described above constitutes: [A] a request for service of notice electronically under Rule 9036, Federal Rules of Bankruptcy Procedure; and [B] consent to receive notice and service by electronic means in each case in which an appearance as a party or attorney for a party has been made in accordance with AK LBR 9010-1(a)(1).

(6) Failure to Maintain Valid Email Address with PACER. An electronic filer's failure to maintain a valid email address with the filer's PACER account will result in termination of the filer's electronic filing permissions.

(c) Unauthorized Use of CM/ECF Passwords.

(1) No registered participant may knowingly permit or cause to permit the participant's password to be utilized by anyone other than an authorized employee of the participant or the participant's law firm.

(2) No person may knowingly utilize or cause another person to utilize the password of a registered participant unless the person is an authorized employee of the participant or the participant's law firm.

(d) Signatures. See AK LBR 9011-1.

(e) Mandatory Electronic Filing.

(1) Except as otherwise provided in this Rule or in exceptional circumstances that prevent a participant from filing electronically (i.e., technological failure, natural disaster, etc.) registered participants must electronically file documents with the court.

(2) Parties and attorneys who are not participants in the CM/ECF System may conventionally file documents in hard copy format, bearing original (holographic/wet) signatures.

(f) Service.

(1) The filing party must serve the pleading or other paper being electronically filed upon all persons entitled to notice or service in accordance with otherwise applicable rules.

(2) Except as otherwise provided by these Rules, if a person entitled to notice or service is a registered participant in the CM/ECF System in the case in which the pleading or other paper is being filed, service by electronic means of the Notice of Electronic Filing is deemed the equivalent of service of the pleading or other paper by first class mail, postage prepaid.

(3) Notwithstanding the foregoing, service of a summons and complaint in an adversary proceeding or an involuntary bankruptcy proceeding and a motion under Rule 9014, Federal Rules of Bankruptcy Procedure must continue to be made under Rule 7004, Federal Rules of Bankruptcy Procedure.

(g) Special Electronic Filing Requirements.

(1) Documents to be Filed under Seal. [A] A request to file documents under seal must be made via motion. A motion to file document(s) under seal must be filed electronically, and a proposed order authorizing filing under seal must be lodged with the court via email at ecf_orders@akb.uscourts.gov. [B] After the entry of an order authorizing documents to be filed under seal, the documents to be filed under seal must also be filed electronically.

(2) Exhibits to Pleadings. [A] Documents filed as exhibits should be electronically imaged (i.e., "scanned") and filed as an attachment to the related document using Portable Document Format (.pdf). Exhibits attached to the filing must be separately identified. Filers may either (1) separately attach and identify the exhibits to the filing with a brief description of the exhibit or (2) internally bookmark and identify each exhibit within the .pdf file entered on the docket. [B] Exhibits that are not available in Portable Document Format (.pdf) form are to be filed conventionally, attached to a copy of the Notice of Electronic Filing for the electronically filed document to which the exhibit(s) relate.

(3) Summons to be Issued by the Clerk of Court. Summonses to be issued by the Clerk of Court must be submitted electronically, in the same manner as for proposed orders, findings and judgments.

(4) Trial and Hearing Exhibits. [A] Exhibit lists, when required, must be filed electronically. [B] The exhibits may be submitted conventionally when required by otherwise applicable Rules.

(5) Statement of Social Security Number. Your Statement About Your Social Security Numbers submitted in accordance with Rule 1007(f), Federal Rules of Bankruptcy Procedure, must be emailed immediately after the electronic filing of a petition, in the same manner for proposed orders. As provided in AK LBR 1007-1(d), Your Statement About Your Social Security Numbers is not to be filed on the case docket.

(h) Fees.

(1) Fees for documents filed electronically are due at the time of filing.

(2) Any required fee for a document filed electronically not paid as provided in paragraph (g)(1) must be received by the Clerk of Court within three (3) business days from the date the document was filed.

(i) Technical Failures. If a registered CM/ECF participant is unable to transmit a time-critical document for electronic filing, due to technical failure or unanticipated event (i.e., medical emergency, natural disaster, etc.), the participant must promptly contact the Clerk of Court and make arrangements for filing the document.

(j) Consequences for Noncompliance.

(1) Effect of Failure to Timely Execute or File Declaration Re: Electronic Filing. In the event that a registered participant fails to obtain the signature on or timely file the Declaration Re: Electronic Filing, AK LBF 37A or AK LBF 37B, as applicable, the court may after a hearing on shortened time: [A] dismiss the petition; and/or [B] impose on the registered participant such other sanctions as may be appropriate.

(2) Other Consequences. In addition to the foregoing, any misuse of the CM/ECF System, or intentional noncompliance with its requirements, may result in revocation of the participant's electronic filing privileges and/or imposition of other sanctions as may be appropriate.