Local Rule RULE 5.7: ELECTRONIC FILING PROCEDURES

RULE 5.7 ELECTRONIC FILING PROCEDURES

(A) Pleadings and documents other than case initiating documents.

All motions, pleadings, applications, briefs, memoranda of law, exhibits, or other documents in a civil case (except for complaints) must be electronically filed on the System except as otherwise provided by these Rules.

(1) A document submitted electronically will not be considered filed for purposes of the Federal Rules of Civil Procedure until the System-generated Notice of Electronic Filing has been sent electronically to the filing party.

(2) E-mailing a document to the Clerk's Office or to the assigned judge does not constitute "filing" of the document.

(3) A document filed electronically by 11:59 p.m. central standard time will be deemed filed on that date.

(4) Pursuant to Fed. R. Civ. P. 5(b)(3), as to all defendants represented by counsel, all court documents—other than the original complaint—filed by a pro se party are deemed "filed electronically" at the time the documents are electronically docketed by the Clerk's Office. Where the Clerk scans and electronically files pleadings and documents on behalf of a pro se party, the associated NEF constitutes service. For any response to a document filed electronically under this paragraph, any deadline for filing a response will be calculated from the date the document is electronically docketed by the Clerk's Office.

(B) Case Initiating Documents.

(1) The Clerk's Office will accept case initiating documents (i.e. complaints with civil cover sheets and summons, and notices of removal) sent by e-mail or directly into the CM/ECF system.

(a) A party submitting a case initiating document by e-mail for electronic filing must submit those documents in .pdf format to the proper divisional mailbox, as follows: newcases.peoria@ilcd.uscourts.gov newcases.urbana@ilcd.uscourts.gov newcases.springfield@ilcd.uscourts.gov newcases.rockisland@ilcd.uscourts.gov

(b) Payment of the filing fee must be made by cash, cashier's check, law firm check, money order or credit card. Credit card payments may be made using pay.gov or by giving a credit card number, by phone, to the appropriate clerk's office.

(c) Case initiating documents submitted by e-mail will be deemed filed on the date that the complaint is received by e-mail or the date that the filing fee is paid, whichever is later.

(d) Case initiating documents filed by pro se plaintiffs will be deemed filed on the date received by the Clerk's Office. Legal issues regarding filing date or receipt of fees will be resolved by the Court.

(2) The Clerk's Office also will accept for filing case initiating documents sent by United States mail or delivered in person to the Clerk's Office when accompanied by the filing fee or a Petition to Proceed in forma pauperis. A case initiating document received in paper form will be scanned and uploaded by the Clerk's Office. Unless otherwise provided in these procedures, the paper documents will then be discarded.

(3) Only case initiating documents may be sent to the e-mail addresses listed above. If any other documents are sent to those e-mail addresses, the Clerk's Office will reply to the e-mail, notifying the party that the pleading has not been filed.

(4) A party may not electronically serve a case initiating document, but instead must effect service according to Fed. R. Civ. P. 4. Electronic service of a Notice of Filing does not constitute service of process where service of process is required by Fed. R. Civ. P. 4.

(C) Titling Docket Entries.

The party electronically filing a pleading or other document is responsible for designating a docket entry title for the document by using one of the docket event categories prescribed by the court.

(D) Filing Problems.

(1) Corrections.

Once a document is submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk's Office. The System will not permit the filing party to make changes to the document or docket entry filed in error once the transaction has been accepted. The filing party should not attempt to refile a document. As soon as possible after an error is discovered, the filing party should contact the Clerk's Office with the case number and document number for which the correction is being requested. If appropriate, the Court will make an entry indicating that the document was filed in error. The filing party will be advised if the document needs to be refiled.

(2) Technical Problems.

(a) Technical Failures.

The Clerk's Office will deem the Central District of Illinois CM/ECF site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. In the event a technical failure occurs, and despite the best efforts of the filing party a document cannot be filed electronically, the party should print (if possible) a copy of the error message received. As soon as possible, the party should file this message with a Declaration That Party Was Unable to File in a Timely Manner Due to Technical Difficulties.

(b) Filer's Problems.

Problems on the filer's end, such as phone line problems, problems with the filer's Internet Service Provider (ISP) or hardware or software problems will neither constitute a technical failure nor excuse an untimely filing. If a party misses a filing deadline due to such problems, the document may be conventionally submitted, accompanied by a Declaration stating the reason for missing the deadline and a motion for leave to file instanter. The motion, document and declaration must be filed no later than 12:00 noon of the first day on which the Court is open for business following the original filing deadline. The Court will consider the matters stated in the declaration and order appropriate relief.

revised 04/2016