10th Cir. R. 25.4: Electronic and nonelectronic service; proof of service
Tenth Circuit Rules — Title VII. General Provisions
Case-initiating petitions under Federal Rule of Appellate Procedure 5, 6(c), 15, and 21 must be served in accordance with Federal Rule of Appellate Procedure 25(c)(1) or (c)(2)(B), and proof of service in accordance with Federal Rule of Appellate Procedure 25(d) is required. Service of all other papers is governed by the remaining provisions of this rule.
(A) Electronic service of electronically filed papers. Electronic filers may use the court’s electronic-filing system to serve papers, including an appendix, on registered ECF users and other parties who have consented to electronic service in the particular case. Please see the court’s CM/ECF User Manual at Section II(E) for information regarding service requirements. Proof of service is not required for service via the court’s electronic-filing system.
(B) Nonelectronic service of electronically filed papers.
Electronic filers must continue to serve parties who are not registered ECF users and have not consented to electronic service in the case via nonelectronic means. See Fed. R. App. P. 25(c)(1). Proof of service is required for all papers served other than through the court’s electronic-filing system.
(C) Electronic service by the Clerk on behalf of nonelectronic filers. When the Clerk dockets a paper submitted by a nonelectronic filer, for purposes of Federal Rule of Appellate Procedure 26(c) the notice of docket activity (NDA) issued via the court’s ECF system shall constitute electronic service on registered ECF users and other parties who have consented to electronic service in the case. The nonelectronic filer need not include proof of service for service made via the NDA.
(D) Nonelectronic service by nonelectronic filers. Nonelectronic filers are responsible for serving papers in accordance with Federal Rule of Appellate Procedure 25(c)(1) upon parties who are not registered ECF users and have not consented to electronic service in the case. Nonelectronic filers must include a certificate of service that identifies the method of service used for all service made other than via the NDA.