Local Rule L.R. 5-4.2: Exceptions to Electronic Filing in Civil Cases

L.R. 5-4.2 Exceptions to Electronic Filing in Civil Cases. Documents exempted from electronic filing pursuant to one of the subsections listed below must be presented to the Clerk for filing or lodging as required below. All documents must comply with the requirements of L.R. 11 and all other applicable Local and Federal Rules.

(a) Exemptions for Particular Filers. The following filers are exempt from the requirement to file documents electronically:

(1) Pro Se Litigants. Unless otherwise ordered by the Court, pro se litigants may present documents to the Clerk for filing either in paper format or through the Court's Electronic Document Submission System. Documents in paper format received by the Clerk from pro se litigants under this rule will be scanned by the Clerk into the CM/ECF System. Once scanned, the original documents will be destroyed.

(2) Other Exceptional Cases Involving Unregistered Filers. For good cause shown, the Court may grant an exemption from the obligation to file electronically to an attorney who is not registered to file documents through the CM/ECF System. Any such exemption will not exceed one calendar year, but may be renewed upon good cause shown. If an attorney granted such an exemption thereafter registers to file documents through the CM/ECF System, that registration will abrogate any exemption granted under this rule. Documents presented for filing by an attorney granted an exemption under this rule must be presented to the Clerk for filing in paper format. Such documents will be scanned by the Clerk into the CM/ECF System. Once scanned, the original documents will be destroyed.

(b) Documents Excluded from Electronic Filing. The following documents are excluded from the electronic filing requirement of L.R. 5-4.1:

(1) Nonpaper Exhibits. Nonpaper physical exhibits may not be filed at any time or in any format. Such exhibits must either be lodged with the Clerk under L.R. 11-5.1 (if submitted as an exhibit to a document) or submitted under L.R. 79-3 or 79-4 at the time of a trial or hearing.

(2) Oversized Paper Exhibits. Any exhibit on a sheet of paper that is too large or irregularly shaped to be scanned into PDF format may not be filed. It must either be lodged with the Clerk in paper format under L.R. 11-5.4 (if submitted as an exhibit to a document) or submitted under L.R. 79-3 or 79-4 at the time of a trial or hearing.

(3) Under-Seal and Other Documents Excluded from the Public Case File. Documents filed under seal or otherwise excluded from the public case file (such as documents filed pursuant to L.R. 5.2-2.2) must be filed electronically if required by L.R. 79-5. Otherwise, such documents must be filed in paper form, in accordance with the Federal Rules of Civil and Criminal Procedure and the Local Rules of this Court, unless the filer is permitted to submit the documents through the Court's Electronic Document Submission System under L.R. 5-4.2(a)(1).

(4) Other Exceptions. For good cause shown, the Court may permit a particular document or exhibit to be filed or lodged in paper format, rather than electronically. If permission to file or lodge a document or exhibit in paper format is obtained, the document or exhibit shall be filed or lodged in compliance with L.R. 11-4. Unless the filer is exempted from electronic filing pursuant to L.R. 5-4.2(a), the filer shall first file electronically a Notice of Manual Filing or Lodging describing the document or exhibit being filed or lodged in paper format, and present a copy of the Notice of Manual Filing or Lodging, together with its NEF (see L.R. 5-3.2.1), with the document to be filed or lodged.