Local Rule DUCivR 5-1: FILING AND ELECTRONIC NOTIFICATION

DUCivR 5-1 FILING AND ELECTRONIC NOTIFICATION

(a) Electronic Filing.

Except as otherwise permitted in this rule, a party authorized to electronically file must sign and file documents as required in the ECF Procedures Manual.

(b) Email Filing and Electronic Notification of Case Activity.

(1) Exception to Electronic Filing for Attorneys. In a sealed case, an attorney must email, mail, or hand-deliver a document to the Clerk's Office to be filed.

(2) Unrepresented Party.

(A) Registration for Email Filing and Electronic Notification. An unrepresented party may register to email documents to the Clerk's Office for filing and to receive email notification of case activity.

(i) Form. To register, the party must send the Email Filing and Electronic Notification Registration Form for Unrepresented Parties to the Clerk's Office. The form is available on the court's website, and it may be hand-delivered, mailed, or emailed to the Clerk's Office at utdecf_clerk@utd.uscourts.gov.

(ii) Certification. By signing the form, the party certifies that:

(a) documents will be emailed to the court in the appropriately sized PDF consistent with the requirements in the ECF Procedures Manual;

(b) documents will meet the redaction requirements outlined in DUCivR 5.2-1, or the party will email a motion to file the documents under seal consistent with DUCivR 5-3, to the Clerk's Office for filing;

(c) an appropriate electronic signature, as outlined in the ECF Procedures Manual, will be used on all documents;

(d) the formatting requirements outlined in DUCivR 10-1 and the ECF Procedures Manual will be followed;

(e) consent is given to receive by email all filings that are required to be served under Fed. R. Civ. P. 5(a) and 77(d) and Fed. R. Crim. P. 49;

(f) service by email constitutes service under the rules identified in section 5-1(b)(2)(A)(ii)(e), and the right to service by mail is waived;

(g) under Fed. R. Civ. P. 5, all documents will be served on parties who are not served through the court's CM/ECF system using mail, hand-delivery, or some other agreed-upon method;

(h) electronic notification requires a separate account with Public Access to Court Electronic Records (PACER), and PACER may require payment of fees to view documents;

(i) a valid email address will be provided to receive court communications and notices; and

(j) notification of any name, mailing address, or email address changes will be immediately emailed to the Clerk's Office for filing.

(iii) Email Subject Line. When emailing documents to the Clerk's Office for filing, the subject line must include the case number and document name.

(iv) Filing Date. Except for case-initiating documents, the filing date for a document is the date the email is sent.

(v) Email Notification in All Cases. An unrepresented party who registers to receive electronic notification of case activity will automatically receive email notification in all cases in which they are a party in this court.

(vi) Highly Sensitive Material. If a document contains highly sensitive material, as defined in General Order 21-002, that could be compromised by email transmission, then the document must be hand-delivered or mailed to the Clerk's Office for filing.

(vii) Sanction. The court may, on its own or on a party's motion, revoke an unrepresented party's ability to file by email and/or receive electronic notice after a determination that the privilege has been abused. If this occurs, the unrepresented party will cease to receive email notification of case activity in all cases in which they are a party. Examples of circumstances when a party abuses the privilege include repeatedly submitting:

(a) nonconforming documents or exhibits to the clerk for filing;

(b) incomplete documents to avoid missing a deadline;

(c) documents that needlessly complicate the proceedings or harass the court, the clerk, or the opposing party; or

(d) documents containing viruses, worms, ransomware, spyware, malware, or other files compromising the security of the court's computer systems.

(B) Registration for Electronic Notification (Without Email Filing). An unrepresented party may register to receive electronic notification of case activity without registering for email filing.

(i) Form. To register, the party must send the Email Filing and Electronic Notification Registration Form for Unrepresented Parties to the Clerk's Office. The form is available on the court's website, and it may be hand-delivered, mailed, or emailed to the Clerk's Office (utdecf_clerk@utd.uscourts.gov).

(ii) Certification. In filing the form, the unrepresented party consents to sections 5-1(b)(2)(A)(ii)(e)-(j) above.

(iii) Filing and Service. A party receiving electronic notification must continue to file all documents in paper and effectuate service consistent with the federal rules and sections 5-1(b)(2)(A)(ii)(e)-(g) above.

(iv) Email Notification in All Cases. An unrepresented party who registers to receive electronic notification of case activity will automatically receive email notification in all cases in which they are a party in this court.

(3) Filing Date. Except for complaint or case-initiating documents, the filing date of an emailed document is the date the email is sent to the Clerk's Office.

(4) Highly Sensitive Material. If a document contains highly sensitive material, as defined in General Order 21-002, that could be compromised by email transmission, then the document must be hand-delivered or mailed to the Clerk's Office for filing.

(c) Revoking Email Filing or Electronic Notification.

To revoke email filing, electronic notification, or both, an unrepresented party must send the Revocation of Email Filing or Electronic Notification Form for Unrepresented Parties to the Clerk's Office. The form is available on the court's website, and it may be hand-delivered, mailed, or emailed to the Clerk's Office (utdecf_clerk@utd.uscourts.gov). The Clerk's Office will docket a notice that email filing, electronic notice, or both, has been revoked. When electronic notification has been revoked, documents must be served on an unrepresented party in paper or as otherwise agreed or ordered.

(d) Paper Filing.

(1) Delivery. A document filed in paper must be delivered to the Clerk's Office in Salt Lake City as follows:

(A) in person during the business hours set forth on the court's website; or

(B) by mail.

(2) Receipt by Clerk's Office. Upon receipt of a paper document, the Clerk's Office will place a receipt date stamp on the document. The document will be electronically filed as of the receipt date stamp.

(3) Courtesy Copy. A party does not need to provide a courtesy copy unless specified on the Judge Information section of the court's website. A party must clearly label any courtesy copy on the caption page.

(4) Service.

(A) Service on Unrepresented Parties. A party filing a paper document must serve a copy on any unrepresented party who does not receive electronic notification of case activity.

(B) Calculation of Dates.

(i) A paper served and filed by U.S. mail is timely if the postmark is on or before the last day for filing or service, regardless of the receipt date stamp.

(ii) If the postmark is illegible or missing, the paper document is presumed served and filed 3 days before the court's receipt date stamp.

(iii) The deadline to respond to a filed paper document will be calculated from the Clerk's Office receipt date stamp.

(iv) This rule does not affect the response time to a document that is not filed but is served on a party (e.g., a response to a discovery request, which is controlled by the Federal Rules of Civil Procedure).

(5) Retention of a Paper Document. The Clerk's Office will not retain a paper document after it has been electronically filed.

(e) Filing Deadline in Absence of Rule or Court Order.

When a filing deadline is not specified in an applicable rule or the court has not set a deadline, a document related to a court proceeding must be filed a minimum of 2 business days before the scheduled proceeding.