Circuit Rule 45: Clerk's Duties; Fees for Services

(a) Attendance at Sessions. The clerk or a deputy of the clerk will attend in person the sessions of this court.

(b) Office Hours. The clerk's office will be open for the transaction of business from 9:00 A.M. until 4:00 P.M. daily, except Saturdays, Sundays, federal holidays, and any other day the chief judge designates. The court is always open for the receipt of emergency papers and the transaction of emergency business.

(c) Entry of Court-Issued Documents. Except as otherwise provided by these rules or court order, all orders, opinions, judgments, and other documents issued by the court in cases assigned to the court’s Case Management/Electronic Case Files (CM/ECF) system will be filed electronically in accordance with Circuit Rule 25 and the procedures established by the court. Any such filing constitutes under FRAP 36 and 45(b) entry on the docket maintained by the clerk. Any order, judgment, or other court-issued document filed electronically without the original signature of a judge or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper copy. Orders also may be issued as "text-only " entries on the docket, without an attached document. Such orders are official and binding.

(d) Notice of Orders and Judgments. Immediately upon the entry of an order or judgment in a case assigned to the CM/ECF system, the clerk will electronically transmit a Notice of Docket Activity to all parties who have consented to electronic service. Electronic transmission of the Notice of Docket Activity constitutes the notice and service required by FRAP 36(b) and 45(c). For any party who has not consented to electronic service, the clerk must immediately serve in paper form a notice of entry with a copy of any opinion.

(e) Fees for Services. Fees, as prescribed by the Judicial Conference of the United States, are to be charged for the following services performed by the clerk, except that no fees are to be charged for services rendered on behalf of the United States. The schedule of currently applicable fees will be posted on the court’s web site and distributed periodically as an appendix to these rules.

(1) Docketing a case or docketing any other proceeding. A separate fee must be paid by each party filing a notice of appeal in the district court, but parties filing a joint notice of appeal in the district court are required to pay only one fee. A docketing fee will not be charged for the docketing of a petition for permission to appeal under FRAP 5, unless the appeal is allowed.

(2) Search of the records of this court and certifying the results.

(3) Certifying any document or paper, whether certification is made directly on the document or by separate instrument.

(4) Reproducing any record or paper.

(5) Comparing with the original thereof any copy of any transcript of record, entry, or paper, when such copy is furnished by any person requesting certification.

(f) Printed Copies of Opinions. For each printed copy of the decision in a case, including all separate and dissenting opinions, the clerk will charge such sum as the court may from time to time direct, and copies may be supplied without charge or at such reduced charge as the court may from time to time designate. Each party in a case will receive 2 paper copies of the decision without charge.

(g) Other Fees Not Authorized. No fees for services other than those authorized pursuant to law may be charged.

See also Circuit Rule 1 (Scope of Rules; General Provisions), and Circuit Rule 25 (Filing and Service).