Local Rule Rule 5005-4: Filing and Lodging by ECF.

Rule 5005-4. Filing and Lodging by ECF.

(a) Administrative Procedures. LBF 125, Administrative Procedures for Submitting Case Documents Using the Court's Electronic Case Files System (ECF), governs ECF and its use.

(b) Mandatory ECF Filing.

(1) A creditor who has filed more than 10 documents in any calendar year and any attorney or trustee must register to become an ECF Participant and file or lodge documents by ECF.

(2) An attorney, trustee, or creditor unable to file or lodge by ECF may apply for a waiver of the requirement to do so either for a limited time or for the duration of a specific case or adversary proceeding. A request must be made by letter addressed to the clerk showing good cause to file and serve documents using one of the methods listed in LBR 5005-1(a). The request must explain why the attorney, trustee, or creditor is unable to comply, the steps being taken to be able to comply, and how long those steps will take. The chief judge or a designee will act upon the request.

(3) An ECF Participant must purchase, install, use, and regularly update anti-virus software (i.e., at least weekly and immediately upon notification of any anti-virus software update) at all locations from which the Participant accesses ECF or PACER.

(4) Unless local counsel is an ECF Participant who will be responsible for filing and lodging documents, a specially admitted attorney must register to become an ECF Participant no later than 14 days after entry of the order authorizing the attorney's appearance and promptly begin electronic filing and lodging or comply with the procedure in (2).

(5) In the event of an unanticipated inability to use ECF, the ECF Participant must prepare and submit a certification regarding inability with each document filed or lodged using one of the methods listed in LBR 5005-1(a).

(6) An ECF Participant must keep the Participant's unique ECF information current at all times (for example, name, service address, contact name and telephone number). An ECF Participant must also maintain adequate e-mail capacity (for example, for receipt of notices and service). A failure to do so will not relieve the ECF Participant of any provision in an LBR, a GO, an LBF, or a related document.

(7) An ECF Participant is solely responsible for the accuracy and completeness of, and any necessary redaction as to, all data the ECF Participant enters into ECF, and for effecting any required amendment and notice of amendment.

(c) Effect of Filing or Lodging by ECF. A document filed or lodged by ECF will be deemed to have been signed as required by FRBP 9011 by the ECF Participant to whom the court has assigned the login name used for the filing or on whose behalf a filing agent files the document. An ECF Participant is solely responsible for the use and control of the ECF Participant's login and password. The ECF Participant is also responsible for any actions taken by a filing agent on the ECF Participant's behalf and for the timely deactivation of a filing agent when the filing agent is no longer authorized to file on the ECF Participant's behalf.

(d) ECF Participant Waiver. By accepting an ECF login and password, an ECF Participant waives the right to receive notice or other documents, including notice of the entry of an order or judgment under FRBP 9022, by any manner other than electronically, and agrees to accept all service electronically, but that waiver and agreement do not apply to service of a document that is required by any FRBP to be served other than electronically on a party (that is, as opposed to an ECF Participant attorney for that party).

(e) Retention. A document described in FRBP 1008 filed by ECF or a properly completed, signed, and filed LBF 5005 with respect to the document and a scanned electronic replica of the signed document must be obtained and retained by the filing ECF Participant or the firm representing the party on whose behalf the document was filed in accordance with LBR 9011-4(c)(2) until the later of the closing of the case or the fifth anniversary of the filing of the document, except as otherwise provided for trustees by the U.S. Department of Justice. The filing ECF Participant or firm retaining the document must produce it for review upon receipt of a written request.

(f) Filing Deadline for a Document Filed or Lodged by ECF.

(1) Filing or lodging by ECF does not alter the filing deadline. Filing or lodging by ECF must be completed before midnight Pacific time to be considered filed on that day.

(2) An ECF Participant whose filing or lodging is untimely due to a technical failure of a court-controlled aspect of the ECF system may seek appropriate relief from the court.

(g) ECF Event. A document filed or lodged by ECF must be filed or lodged using the applicable ECF event, if any. The failure to do so is cause for the court to strike the document.

Cross-reference: Document Filed by ECF – LBR 9011-4(c).