Local Rule LCrR 49: CASES ASSIGNED TO CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) SYSTEM

LCrR 49 CASES ASSIGNED TO CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) SYSTEM

(a) DOCUMENTS TO BE FILED BY ELECTRONIC MEANS.

Except as otherwise provided in Rule 49, all documents to be filed with the Court must be filed by electronic means in a manner authorized by the Clerk.

(b) OBTAINING AND USING ELECTRONIC FILING PASSWORD; SIGNATURE; CONSENT TO SERVICE BY ELECTRONIC MEANS.

(1) An attorney must obtain a CM/ECF user name and password from the Clerk in order to enter an appearance electronically, to file documents electronically with the Court, or to receive documents filed electronically by other parties or matters entered electronically on the docket by the Court.

(2) A pro se party may obtain a CM/ECF user name and password from the Clerk with leave of Court. Whether leave of Court should be granted is within the discretion of the judge to whom the case is assigned. To obtain leave of Court, the pro se party must file a written motion entitled "Motion for CM/ECF User Name and Password," describing the party's access to the internet, confirming the capacity to file documents and receive filings electronically on a regular basis, and confirming that he or she either has viewed the Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts.

(3) A CM/ECF password may be used only by the person to whom it is assigned, or, in the case of an attorney, by that attorney or an authorized employee or agent of that attorney's law office or organization.

(4) The use of a CM/ECF password to log in and submit documents creates an electronic record that serves as the signature of the person to whom the password is assigned for all purposes under the Federal Rules of Criminal Procedure and the Local Rules of this Court.

(5) Electronically filing a document that contains a declaration, verification, certificate, sworn statement, oath, or affidavit certifies that the original signed document is in the possession of the attorney or pro se party responsible for the filing and that it is available for review upon request by a party or by the Court.

(6) An attorney or pro se party who obtains a CM/ECF password consents to electronic service of all documents that are filed by electronic means. Such counsel and pro se parties are responsible for monitoring their email accounts and, upon receipt of notice of an electronic filing, for retrieving the noticed filing.

(c) FILING BY ELECTRONIC MEANS.

(1) Filing a document electronically following procedures set forth in this Rule 49 constitutes filing for all purposes under the Federal Rules of Criminal Procedure and the Local Rules of this Court.

(2) A person filing a document by electronic means is responsible for insuring the accuracy of the official docket entry generated by the CM/ECF software.

(3) Any document, order, or notice filed or docketed electronically by the Court or by the Clerk shall have the same binding authority as one filed in paper form.

(d) SERVICE.

(1) Electronically filing a document operates to effect service of the document on pro se parties who have obtained CM/ECF passwords and on all counsel. Pro se parties who have not obtained CM/ECF passwords must serve and be served as otherwise provided in Federal Rule of Criminal Procedure 49.

(2) The requirement of a certificate of service or other proof of service is satisfied by the automatic notice of filing sent by the CM/ECF software to pro se parties who have obtained CM/ECF passwords and to counsel. A separate certificate of service or other proof of service showing that a paper copy was served on a party is required when the party does not receive electronic notification of filings.

(e) EXCEPTIONS TO REQUIREMENT OF ELECTRONIC FILING.

(1) Every unsealed document must be filed electronically. Unless prior written authorization for electronic filing is given by the Clerk of Court, every document filed under seal in a totally sealed case shall be filed in paper form (original plus one) accompanied by an electronic copy in a format deemed by the Clerk's Office to be compatible with CM/ECF filing in conformity with the requirements of LCrR 49(f). Any document, exhibit, or attachment, including sealed material, that (A) is not in a format that readily permits electronic filing, such as a map, chart, or DVD, or (B) is illegible when scanned into electronic format, is to be maintained in the possession of the attorney or pro se party responsible for the filing. Such a filing shall be made available for a party or the Court and must be identified in a Notice of Filing filed with the Court. A document or item filed pursuant to this subsection shall be served, if it is necessary to serve it, by mail or by hand delivery, unless the parties have otherwise agreed.

(2) A party appearing pro se shall file with the Clerk and serve documents in paper form and must be served with documents in paper form, unless the pro se party has obtained a CM/ECF password.

(3) Unless prior written authorization for electronic filing is given by the Clerk of Court, every criminal indictment, information, complaint, search warrant, seizure warrant, arrest warrant, accompanying affidavit, return of warrant, and motion for order of return pursuant to D.C. Code Section 24-501(i) shall be filed in paper form (original plus one), accompanied by an electronic copy in a format deemed by the Clerk's Office to be compatible with CM/ECF filing, with appropriate redactions as required by the Federal Rules of Criminal Procedure.

(4) Unless prior written authorization for electronic filing is given by the Clerk of Court, every document filed prior to the initial appearance of a criminal defendant, including but not limited to a filing related to a grand jury matter, a pen register application, an application for interception of wire or electronic communications, an application for stored electronic information or evidence, an application for tax return information, and an application for disclosure of electronically stored evidence shall be filed in paper form (original plus one) accompanied by an electronic copy in a format deemed by the Clerk's Office to be compatible with CM/ECF filing. Except for documents specifically identified in LCrR 49(e)(3), every such document is not subject to the limitations set forth in Federal Rule of Criminal Procedure 49.1, and the filing of every such document under seal shall not require a motion to seal. If service is required, service of such a document in a criminal matter filed prior to a defendant's initial appearance shall be in paper form and shall be accomplished as otherwise provided in the Federal Rules of Criminal Procedure.

COMMENT TO LCrR 49(e) (2017): Subsection (e)(1), (e)(3) and (e)(4) were amended to permit the electronic filing of certain types of documents with prior written authorization of the Clerk of Court.

(f) FORM AND FILING OF DOCUMENTS.

(1) CORRESPONDENCE WITH THE COURT.

Except when requested by a judge, correspondence shall not be directed by the parties or their attorneys to a judge, nor shall papers be left with or mailed to a judge for filing.

(2) FACSIMILE OR EMAIL.

No document shall be transmitted to the Clerk for filing by means of electronic facsimile or email transmission except with express leave of Court.

(3) NAME AND ADDRESS OF PARTIES AND ATTORNEYS.

(i) All documents signed by an attorney shall contain the name, address, telephone number, and D.C. Bar identification number of the attorney if the attorney is a member of the D.C. Bar. All attorneys listed on any document who are members of the D.C. Bar must include their D.C. Bar identification numbers regardless of whether they sign the document. Notice of a change in address or telephone number of an attorney or a party not represented by an attorney must be filed within 14 days of the change. Unless changed by notice filed with the Clerk, the address and telephone number of a party or an attorney noted on the first filing shall be conclusively taken as the last known address and telephone number of the party or attorney.

(ii) By signing a document that is presented to the Court, an attorney is certifying that the attorney and all other attorneys appearing with the attorney on the document are members of or have a pending application for admission to the Bar of this Court, or have complied with LCrR 44.1 (c) or (d), or are covered by LCrR 44.1(e) as counsel for the United States.

(4) FORM OF DOCUMENTS.

Every document shall be typed (double spaced) using a standard 8 ½ by 11 inch word processing format (submitted electronically to the court in PDF format) and shall contain a heading under the caption describing the nature of the document. The case number on every document shall be followed by the initials of the judge to whom the case has been assigned. If the case has been referred to a magistrate judge, the magistrate judge's initials shall also be shown. Any exhibit or attachment to documents shall reflect the number of the case in which it is filed. Any document submitted to the Court in paper format shall be submitted unfolded and produced on opaque 8 ½ by 11 inch white paper using a clear black image.

(5) VERIFICATION.

Whenever any matter is required or permitted by law or by rule to be supported by the sworn written statement of a person (other than a deposition, oath of office, or oath required to be taken before a specified official other than a notary public), the matter may, with the same force and effect, be supported by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed as true under penalty of perjury, and dated, in substantially the following form:

(i) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).

(Signature)".

(ii) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date)".

(Signature)".

(6) SEALED OR CONFIDENTIAL DOCUMENTS.

(i) Absent statutory authority, no case or document may be sealed without an order from the Court. A document filed with the intention of it being sealed in an otherwise public case must be filed by electronic means in a manner authorized by the Clerk and shall be accompanied by a motion to seal. The document will be treated as sealed, pending the outcome of the ruling on the motion. Failure to file a motion to seal will result in the document being placed on the public record.

(ii) When it is necessary to file a sealed document in paper form, the document must be submitted to the Clerk's Office with an electronic copy in a format deemed by the Clerk's Office to be compatible with CM/ECF filing. The document shall be submitted to the Clerk securely sealed in an envelope/box. The envelope/box containing such a document shall contain a conspicuous notation that states "DOCUMENT UNDER SEAL" or "DOCUMENT SUBJECT TO PROTECTIVE ORDER," or the equivalent. The face of the envelope/box shall also contain the title of the Court, the case caption, the case number, and a descriptive title of the document, unless such information is to be or has been included in the information ordered sealed. The face of the envelope/box shall also contain the date of any order or the reference to any statute permitting the item to be sealed. A document submitted for confidential in camera review also must be submitted to the Clerk's Office securely sealed in an envelope/box marked as described above.

(iii) Filing a sealed document in a totally sealed case, or filing a sealed document in paper format in an otherwise public case where electronic filing cannot be effected, must be made in the Clerk's Office during the business hours of 9:00 a.m. and 4:00 p.m., daily except Saturdays, Sundays, and legal holidays. Filing a sealed document at the security desk is prohibited because the Security Officers are not authorized to accept this material.

(g) INCORRECT FILINGS AND TECHNICAL DIFFICULTIES.

(1) The Clerk may direct a party or non-party to re-file a document that has been incorrectly filed or to correct an erroneous or inaccurate docket entry.

(2) If a pro se party who has been given leave to file electronically or an attorney presents an unsealed document for filing in paper form, the Clerk may direct the pro se party or attorney to file the document electronically or present it in a format deemed by the Clerk's Office to be compatible with CM/ECF filing. The document will be deemed filed on the date it was first presented for filing if, no later than the next business day, the pro se party or attorney files the document electronically or presents it in a format deemed by the Clerk's Office to be compatible with CM/ECF filing.

(3) The inability to complete an electronic filing because of technical problems may constitute "cause" for an order enlarging time or "excusable neglect" for the failure to act within the specified time, within the meaning of Federal Rule of Criminal Procedure 45(b)(1). A filer encountering technical problems with a CM/ECF filing shall immediately notify the Clerk's Office of the problem either by email or by telephone, followed promptly by written confirmation. This Rule does not provide authority to extend statutory and jurisdictional time limits.