Circuit Rule 25: Filing and Service

(a) Filing by Electronic Means. Pursuant to Federal Rule of Appellate Procedure 25, the court has authorized the filing and service of documents by electronic means. Except as otherwise prescribed by Circuit rule or order of the court, all cases will be assigned to the court’s Case Management/ Electronic Case Files (CM/ECF) system, and all documents must be filed electronically in accordance with procedures established by the court. The clerk also may require paper copies of any document filed electronically. Electronic transmission of a document to the CM/ECF system, together with the transmission of a Notice of Docket Activity from the court, constitute filing of the document under the Federal Rules of Appellate Procedure and the rules of this court, and constitute under FRAP 36 and 45(b) entry of the document on the docket maintained by the clerk. If the court requires a party to file a motion for leave to file, both the motion and document at issue should be submitted electronically. If leave is granted, the underlying document will remain on the docket; if leave is denied, the docket will so reflect.

(b) Registration for the CM/ECF System.

(1) Attorneys who appear before this court must register for the court’s CM/ECF system in accordance with procedures established by the court. Every attorney representing a party or an amicus curiae in a case must individually enter an appearance and register for the court’s CM/ECF system if the attorney wishes to file or to receive notice of filings in that case.

(2) At the discretion of the court, a party to a pending case who is not represented by an attorney may be permitted to register as an ECF filer. A pro se party who desires to register as an ECF filer must file a motion in this court and if the motion is granted, the party may participate as a pro se ECF filer in that case and any other pending and future cases unless the court revokes permission. If a pro se party retains an attorney, the attorney must enter an appearance.

(3) ECF filers must immediately report any change in their postal or e-mail address by updating their appellate filer account. ECF filers must agree to protect the security of their passwords and to notify the PACER Service Center and the clerk immediately if they learn that their password has been compromised. See Circuit Rule 32(a)(1). ECF filers may be sanctioned for failure to comply with this provision.

(c) Exceptions to Requirement of Electronic Filing and Service.

(1) A party proceeding pro se must file documents in paper form with the clerk and must be served with documents in paper form unless the pro se party has been permitted to register as an ECF filer.

(2) Upon motion and a showing of good cause, the court may exempt a party from the electronic filing requirements and authorize filing by means other than use of the CM/ECF system.

(3) Case-initiating documents, including petitions for permission to appeal, petitions for review or notices of appeal from agency action, and petitions for writ of mandamus and other original proceedings in this court, may be filed either electronically or in paper form. If filed in paper form, an ECF filer must promptly provide the clerk an electronic version of the filing upon the court’s request.

(4) Any document containing material under seal or containing material that a party is seeking to place under seal, and any document filed in a sealed case, may not be filed using the CM/ECF system. Such documents must be filed in paper form or in a nonpublic electronic format as set forth on the court’s website. Matters under seal are governed by Circuit Rule 47.1. Upon the court’s request, an ECF filer must promptly provide the clerk an electronic version of any sealed filing that was filed in paper form.

(5) Exhibits, attachments, or appendix items that (i) exceed the size limitation set by the court; (ii) are not in a format that readily permits electronic filing, such as odd-sized documents; or (iii) are illegible when scanned into electronic format may be filed in paper form. Documents filed pursuant to this subsection must be served by an alternative method of service authorized by FRAP 25, and the filer must file electronically a notice of paper filing.

(d) Paper Copies of Electronic Filings. Except for documents listed in Circuit Rule 32(d) or unless the court directs otherwise, documents filed electronically are not to be submitted to the court in paper form. In those instances when paper copies of electronic filings are required, the filing of copies of non-emergency documents may be accomplished by First-Class Mail addressed to the clerk, or other class of mail that is at least as expeditious, postage prepaid, within two business days of the electronic filing, unless the court has ordered filing by hand or other means. The number of paper copies is governed by the rules pertaining to that document or by order in a particular case; the "original" is the electronic filing.

(e) Privacy Protection. Unless the court orders otherwise, parties must refrain from including or must redact the following personal data identifiers from documents filed with the court to the extent required by FRAP 25(a)(5):

• Social Security numbers. If an individual’s Social Security number must be included, use the last four digits only.

• Financial account numbers. If financial account numbers are relevant, use the last four digits only.

• Names of minors. If the involvement of an individual known to be a minor must be mentioned, use the minor’s initials only.

• Dates of birth. If an individual’s date of birth must be included, use the year only.

• Home addresses. In criminal cases, if a home address must be included, use the city and state only.

The filer bears sole responsibility for ensuring a document complies with these requirements.

(f) Service of Documents by Electronic Means. Registration for the court’s CM/ECF system constitutes consent to electronic service of all documents as provided in these rules and the Federal Rules of Appellate Procedure. The Notice of Docket Activity that is generated by the court’s CM/ECF system constitutes service of the filed document on all parties who have consented to electronic service. For any document that is not filed electronically and for any party who has not consented to electronic service, the document must be served by an alternative method of service, in accordance with the Federal Rules of Appellate Procedure and this court’s rules.

(g) Non-Electronic Filing. When electronic filing is not utilized, a non-emergency paper may be filed at the United States courthouse after the regular hours of the clerk's office pursuant to procedures established by the clerk's office. In emergencies or other compelling circumstances, when electronic filing is not utilized, the clerk may authorize that papers be filed with the court through facsimile transmission or email. Except when specifically so permitted, such filing is not authorized.

See also Circuit Rule 32(a) (Electronic Signatures) and Circuit Rule 32(d) (Paper Copies of Electronic Filings).