Circuit Rule 25-5: Electronic Filing

(New Rule 12/1/09, Rev. 7/1/13, 3/23/16; 12/1/18; 12/1/24)

(a) Participation.

All attorneys and court reporters are required to submit all filings electronically using the Court’s Appellate Electronic Filing System unless the Court grants a request to be exempted from the requirement. Filers seeking an exemption must complete the Appellate Electronic Filing System Exemption Form found on the Court’s website. If an exempt filer registers for the Appellate Electronic Filing System, that registration will abrogate the exemption. (Rev. 7/1/13)

Use of the Appellate Electronic Filing System is voluntary for all parties proceeding without counsel.

If a technical malfunction prevents access to the Appellate Electronic Filing System for a protracted period, the Court by special order may permit paper filings pending restoration of electronic access.

(b) Documents that may be submitted either electronically or in paper format.

(Abrogated 12/1/24)

(c) Paper Copies of Electronically Filed Documents

No paper copies of electronically filed documents may be submitted unless specifically directed by the Court. Generally the Court will only request paper copies of briefs and excerpts of record that have been accepted and filed by the Court. (New 12/1/24)

(d) Deadlines.

(1) When permitted. Electronic filing is permitted at any time other than when precluded by system maintenance. Filings will be processed by the Court during the Court’s business hours.

(2) Timeliness. An electronic filing successfully completed by 11:59 p.m. Pacific Time will be entered on the Court’s docket as of that date. The Court’s Appellate Electronic Filing System determines the date and time a filing is completed. If technical failure prevents timely electronic filing of any document, the filing party shall preserve documentation of the failure and seek appropriate relief from the Court.

(e) Technical requirements. All documents must be submitted in Portable Document Format (“PDF”). The version filed with the Court must be generated from the original word processing file to permit the electronic version of the document to be searched and copied. PDF files created by scanning paper documents are prohibited; however, exhibits submitted as attachments to a document may be scanned and attached if the filer does not possess a word processing file version of the attachment. No single attachment shall exceed 100 MB in size. Attachments that exceed that size must be divided into sub-volumes. (Rev. 7/1/13, 12/1/19)

(f) Signature. Electronic filings shall indicate each signatory by using an “s/” in addition to the typed name of counsel or an unrepresented party. Documents filed on behalf of separately represented parties or multiple pro se parties must indicate one signatory by using an “s/” in addition to the typed name and attest that all other parties on whose behalf the filing is submitted concur in the filing’s content.

(g) Service. All filings not submitted through the Appellate Electronic Filing System require a certificate of service or equivalent statement. A sample certificate can be found on the Court’s website at Form 25.

(1) Filings Submitted Electronically That Are Served Electronically. When a document (other than an original proceeding or petition for review) is submitted electronically, the Appellate Electronic Filing System will automatically notify the other parties and counsel who are registered for electronic filing of the submission; no certificate of service or service of paper copies upon other parties and counsel registered for electronic filing is necessary. Registration for the Appellate Electronic Filing System constitutes consent to electronic service.

(2) Filings Submitted Electronically That Are Not Served Electronically. Original proceedings, petitions for review, sealed filings, and any electronically submitted filing in a case involving a pro se litigant or an attorney who is not registered for the Appellate Electronic Filing System must be served pursuant to FRAP 25(c)(1), and must be accompanied by a certificate of service or equivalent statement. A sample certificate can be found on the Court’s website at Form 15. Registration for the Appellate Electronic Filing System constitutes consent to service by email.

(h) Court-Issued Documents. Except as otherwise provided by these rules or court order, electronically filed and distributed orders, decrees, and judgments constitute entry on the docket under FRAP 36 and 45(b). Orders also may be issued as “text-only” entries on the docket without an attached document. Such orders are official and binding.

Circuit Advisory Committee Note to Rule 25-5

The parties are reminded of their obligations under FRAP 25(a)(5) to redact personal identifiers.

Additional information regarding the electronic filing and the Appellate Electronic Filing System may be found at the Court’s website at www.ca9.uscourts.gov; http://pacer.psc.uscourts.gov; and the informational materials provided to the parties upon the docketing of a case. Practitioners appointed under the Criminal Justice Act are directed to the Court’s website, www.ca9.uscourts.gov/attorneys for information regarding the submission procedures for claims for services and requests related to such services. (New 7/1/13)

When exigent circumstances require submission of an emergency motion under Circuit Rule 27-3 prior to the assignment of an appellate docket number, the moving party shall contact the Motions Attorney Unit at 415-355-8020 or [email protected] to obtain authorization under Circuit Rule 25-3.1 to transmit the motion via facsimile or electronic mail. (New 7/1/13)