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LR IC 1-1. REQUIREMENTS FOR ELECTRONIC FILING OF COURT DOCUMENTS

(a) Effective November 7, 2005, the clerk is authorized to maintain the official files for all cases in electronic form. All cases and proceedings filed on or after January 1, 2006, will be assigned to the electronic filing system to the extent required under these rules.

(b) Filer Defined. A "filer" is a person who is issued a login and password to file documents in the court's electronic filing system.

(c) Unless the court orders otherwise, the following documents will not be filed electronically:

(1) Miscellaneous cases;

(2) Documents filed in open court, except that documents otherwise appropriate for electronic filing must be filed electronically after conclusion of the hearing or trial;

(3) Settlement Conference Statements;

(4) Early Neutral Evaluation Statements;

(5) Inmate Early Mediation Statements;

(6) Documents presented for in camera review;

(7) Consents to proceed before a magistrate judge;

(8) Documents pertaining to Grand Jury proceedings;

(9) Documents initiating a criminal case;

(10) Bond documents;

(11) Documents not susceptible to electronic filing, such as large maps, diagrams, photographs, and drawings described in LR IA 10-3(f); and

(12) Discovery documents under LR 26-7.

(d) Notice of Manual Filing. A "Notice of Manual Filing" must be filed electronically when a document or other item is filed in person at the clerk's office. The notice must include: (1) a description of the item, e.g., DVD, CD, map, etc.; (2) the size of the item, e.g., number of pages, discs, maps, etc.; and (3) references to other documents filed in the case that the document or item supports. A copy of the electronically-filed notice must be attached to the item being manually filed in the clerk's office. If the filer wants a conformed copy of the notice, a second copy of the notice must be provided to the clerk.

(e) Electronic Record Is the Official Record. Electronic files consist of the images of documents filed in legal actions or proceedings and documents created and filed by electronic means. Together with the other records kept by the court, electronic files constitute the court's official record. The clerk will not maintain a hard copy of documents once the documents are electronically filed.

(f) Court Docket. The electronic filing of a document under these rules constitutes entry of that document on the docket kept by the clerk under Fed. R. Civ. P. 58 and 79 and Fed. R. Crim. P. 49 and 55 and must be deemed accepted for filing by the clerk.

(g) The clerk must enter all orders, decrees, judgments and proceedings of the court under the rules applicable to the electronic filing system.

(h) Notice of Electronic Filing. Upon the entry of a judgment or order generated by the court in a case assigned to the electronic filing system, the clerk promptly must transmit to filers a "Notice of Electronic Filing." The clerk must give notice in paper form to any person who has not consented to electronic service under the Federal Rules of Civil and/or Criminal Procedure and these rules.

(i) Public Access. Access to the documents and files maintained in electronic form is available free of charge in the clerk's office during regular business hours. Access also is available via the Internet through the Public Access to Court Electronic Records system (PACER), a web-based system that provides access to electronic federal case dockets and filings at the per-page fee established by the Judicial Conference of the United States.

(1) Access in the Clerk's Office. Internet access to the documents filed on the electronic filing system and Internet access to the docket is available for viewing, without obtaining a PACER login and password, in the clerk's office during regular business hours.

(2) Internet Access. Any person or organization may access the electronic filing system at the court's website, www.nvd.uscourts.gov, by obtaining a PACER login and password. Those who have PACER access but are not filers may retrieve docket sheets and documents, but may not file documents.

(3) Limiting Electronic Filing or Access. Any person may move for an order limiting electronic access to, or prohibiting the electronic filing of, certain specifically identified materials on the grounds that the materials are subject to privacy interests and that electronic access or electronic filing in the action is likely to prejudice those privacy interests.

(4) Prohibited Use. Information posted on the electronic filing system must not be used for any purpose inconsistent with the privacy concerns of any person or entity.

(5) Paper Copies of Electronically Filed Documents. Conventional paper copies and certified copies of electronically filed documents may be obtained from the clerk's office during regular business hours. The fee for copying and certification is established by the Judicial Conference for the United States in 28 U.S.C. § 1914.