Local Rule 5.4: FILING AND SERVICE BY ELECTRONIC MEANS — D. Mass.

RULE 5.4 FILING AND SERVICE BY ELECTRONIC MEANS

(a) Electronic Filing Generally. Unless exempt or otherwise ordered by the court, all pleadings and other papers submitted to the court must be filed, signed, and verified by electronic means as provided herein.

(b) ECF Administrative Procedures. Subject to the supervision of the court, the clerk will maintain Electronic Case Filing (ECF) Administrative Procedures, including procedures for the registration of attorneys and other authorized users and for distribution of passwords to permit electronic filing. All electronic filings must be made in accordance with the ECF Administrative Procedures. The ECF Administrative Procedures will be generally available to the public and shall be posted on the court's web site.

(c) Service of Pleadings. Unless exempt or otherwise ordered by the court, all pleadings and other papers must be served on other parties by electronic means. Transmission of the Notice of Electronic Filing (NEF) through the court's transmission facilities will constitute service of the filed document upon a registered ECF user.

(d) Deadlines. Although the ECF system is generally available 24 hours a day for electronic filing, that availability will not alter filing deadlines, whether set by rule, court order, or stipulation. All electronic transmissions of documents must be completed prior to 6:00 p.m. to be considered timely filed that day.

(e) Civil Case Opening Documents. All ECF filers registered in this district must file civil case opening documents, such as a complaint (or petition or notice of removal), civil action cover sheet, or category sheet, electronically. Cases which include sealed or ex parte documents and supporting materials presented contemporaneously with civil case opening documents may be filed and served initially in paper format and not electronically. Pro se filers, others exempt from electronic filing, or otherwise ordered by the court, may file case opening documents in paper format and not electronically. Whenever possible, at the time a civil case is submitted in paper format, the filing party may also file a disk with the clerk containing in PDF format the opening documents and any emergency motions and supporting papers not filed electronically.

(f) State Court Record in Removal Proceedings. Within 28 days after filing a notice of removal in a civil action, a party removing an action under 28 U.S.C. §§ 1441-52 must electronically file certified or attested copies of all docket entries, records, and proceedings in the state. If exempt from electronic filing or otherwise ordered by the court, the removing party must file a disk with the clerk's office containing the state court record in PDF format.

(g) Exemptions.

(1) Documents That Should Not Be Filed Electronically. The following types of documents must not be filed electronically:

(A) sealed documents;

(B) ex parte motions;

(D) such other types of documents as the clerk may direct in the ECF Administrative Procedures.

(2) Documents That Need Not Be Filed Electronically. The following types of documents need not be filed electronically, but may be scanned into the ECF system by a filing party or the clerk:

(A) handwritten pleadings;

(B) documents filed by pro se litigants who are incarcerated or who are not registered ECF users;

(D) affidavits for search or arrest warrants and related documents;

(E) documents received from another court under Fed. R. Crim. P. 20 or 40;

(F) appearance bonds;

(G) any document in a criminal case containing the original signature of a defendant, such as a waiver of indictment or a plea agreement;

(H) such other types of documents as the clerk may direct in the ECF Administrative Procedures.

Adopted October 3, 2005 to be effective January 1, 2006; amended effective January 1, 2009; December 1, 2009. Amended effective November 1, 2019

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