L.A.R. Misc. 113.4: Service of Documents by Electronic Means

(a) The Notice of Docket Activity that is generated by the court's electronic filing system constitutes service of the filed document on all Filing Users. Parties who are not Filing Users must be served with a copy of any document filed electronically in accordance with the Federal Rules of Appellate Procedure and the local rules.

(b) If the document is not filed and served electronically through the court’s cm/ecf system, the filer must use an alternative method of service prescribed by FRAP 25(c).

(c) The Notice of Docket Activity generated by the court’s electronic filing system does not replace the certificate of service required by FRAP 25. The certificate of service must state either that the other party is a Filing User and is served electronically by the Notice of Docket Activity or that the other party will be served with paper documents pursuant to FRAP 25(c)

The electronic filing system generates a Notice of Docket Activity at the time a document is filed with the system. The Notice indicates the time of filing, the name of the party and attorney filing the document, the type of document, and the text of the docket entry. It also contains an electronic link (hyperlink) to the filed document, if one was attached to the filing, allowing anyone receiving the notice by e-mail to retrieve the document automatically. The system sends this Notice to all case participants registered as Filing Users of the electronic filing system. Under the amendments to FRAP 25, a court may, by local rule, provide that the court's automatically generated Notice of Docket Activity constitutes service of the document on all Filing Users in the case. Parties who are not Filing Users have not consented to electronic service via the Notice of Docket Activity. They must be served in some other way authorized by FRAP 25. If the document is not filed electronically through the court’s cm/ecf system, the filer must use an alternative method of service prescribed by FRAP 25(c). FRAP 26 provides that the three additional days to respond to service by mail will apply to electronic service as well. This provision is intended to account for technical problems that can arise during electronic service and to encourage parties to consent to electronic service.