Local Rule LCvR 5.4: CASES ASSIGNED TO CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) SYSTEM

LCvR 5.4 CASES ASSIGNED TO CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) SYSTEM

(a) DOCUMENTS TO BE FILED BY ELECTRONIC MEANS Except as otherwise provided in this Rule 5.4, all documents to be filed with the Court must be filed by electronic text-searchable 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 username 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 certifying that he or she either has successfully completed the entire 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 login and submit documents creates an electronic record that operates and serves as the signature of the person to whom the password is assigned for all purposes under the Federal Rules of Civil 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, subsequent to the original complaint, that are filed by electronic means pursuant to Fed. R. Civ. P. 5(b)(2)(E). Such counsel and pro se parties are responsible for monitoring their e-mail 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 5.4 constitutes filing for all purposes under the Federal Rules of Civil Procedure and the Local Rules of this Court.

(2) A person filing a document by electronic means is responsible for ensuring 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 on paper.

(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 Fed. R. Civ. P. 5(b).

(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 that party does not receive electronic notification of filings.

(e) EXCEPTIONS TO REQUIREMENT OF ELECTRONIC FILING

(1) Every unsealed document (including an administrative record or a record of state court proceedings) must be filed electronically. Every document filed under seal in a totally sealed case shall be filed in paper form accompanied by an electronic copy in a format deemed compatible by the Clerk's Office with CM/ECF filing in conformity with the requirements of LCvR 5.1. 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.

(f) PRIVACY REQUIREMENTS The following personal identifiers shall be excluded, or redacted where inclusion is necessary, from all electronically filed documents unless otherwise ordered by the Court.

(1) Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used.

(2) Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.

(3) Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used.

(4) Financial account numbers. If a financial account number is relevant, only the last four digits should be used.

A party wishing to file a document containing unredacted personal identifiers listed in LCvR 5.4 (f) (1)-(4) may file an unredacted document under seal. This document shall be retained by the Court as part of the record.

(g) INCORRECT AND NONCONFORMING FILINGS AND TECHNICAL DIFFICULTIES

(1) If a complaint filed electronically does not conform to the requirements of this Rule, LCvR 5.1 and Fed. R. Civ. P. 10(a), the Clerk will notify the filing party of the identified deficiency and request that the deficiency be corrected by the end of the next business day. If the deficiency is not corrected by the end of the next business day, the Clerk will forward the complaint to the assigned judge with notice of the identified deficiency and a recommendation, if appropriate, for sua sponte dismissal for failure to comply with applicable rules.

(2) 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.

(3) 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.

(4) 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 Fed. R. Civ. P. 6(b). 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.

COMMENT to LCvR 5.4(a): This Rule does not apply to cases that are filed in paper form and are not assigned to the CM/ECF system. Eventually, however, all new civil cases will be assigned to the CM/ECF system.

COMMENT TO LCvR 5.4(c)(3): An opinion, memorandum, order, judgment, default, or other notice issued electronically by the Court or by the Clerk bears an electronic "signature" and does not require a handwritten signature to be official and binding. Also, an order or notice (such as a minute entry or scheduling notice) entered on the docket without an attached document is official and binding.

COMMENT to LCvR 5.4(g): Notice to the Clerk that technical problems interfered with electronic filing can provide a contemporaneous record in support of a party's motion under Fed. R. Civ. P. 6(b) for an order enlarging time. Only the Court, not the Clerk, may enlarge time. However, if the filing deadline is statutory and jurisdictional, electronic filers should take care not to wait until the last minute to file since not even technical difficulties will provide a means for the Court to extend the deadline.