Local Rule 5005-2: FILING OF PETITIONS, PLEADINGS AND OTHER PAPERS BY ELECTRONIC MEANS

RULE 5005-2 FILING OF PETITIONS, PLEADINGS AND OTHER PAPERS BY ELECTRONIC MEANS

(A) Electronic Case Files Policy: All petitions, motions, memoranda of law, or other pleadings, documents and papers filed with the Court shall be filed through the Case Management/Electronic Case Files (CM/ECF) System except as otherwise provided for in the Court's Electronic Case Files Policy (CM/ECF Policy), which shall be promulgated and revised as specified by the Clerk. The CM/ECF Policy governs if there is a conflict between that Policy and these Local Bankruptcy Rules as to the technicalities of electronic case filing.

(B) Electronic Filing Policies and Procedures: The Clerk shall prepare and publish policies and procedures for electronic filing, which the Clerk may amend from time to time. These policies and procedures, which are exempt from the public notice and comment requirements for adoption of local rules, shall have the force of local rules. A link to the policies and procedures will be available on the Court's web page.

(C) Technical Failure: A registered ECF User whose filing is made untimely as the result of a CM/ECF System technical failure, may seek appropriate relief from the Court as provided for in the CM/ECF Policy.

Comments This rule mandates electronic case filings in the Court's Case Management/Electronic Case Files (CM/ECF) System and authorizes the Clerk to promulgate and revise the Court's Electronic Case Files (CM/ECF) Policy. [New rule effective 3/17/08.]

5005-2 This rule is reorganized into two paragraphs, (A) and (B). Stylistic changes are made to paragraph (A). The text of paragraph (B) is new. That paragraph makes provision for the possibility that due to a CM/ECF System technical failure, access to that System by a registered ECF User may not be available for filing purposes. The Court's CM/ECF Policy provides the procedure that a registered ECF User must follow should such a situation occur. [Changes and new provision effective 12/1/15.]

5005-2 New paragraph (B) sets forth electronic filing policies and procedures, which address how they are prepared, published, and amended. In addition, such policies and procedures "shall have the force of local rules." Former paragraph (B) is redesignated paragraph (C). [Changes effective 06/01/23.]