Local Rule 135: SERVICE OF DOCUMENTS DURING ACTION

RULE 135 (Fed. R. Civ. P. 5)

SERVICE OF DOCUMENTS DURING ACTION

(a) Service of Electronic Documents. "Service" as utilized in these Rules includes electronic service as set forth in the CM/ECF procedures in these Rules. "Notice of Electronic Filing" is a notice automatically generated by CM/ECF at the time a document is filed with the system. This Notice will constitute automatic service of the document on all others. This Notice will set forth the time of filing, the name of the parties and attorney(s) filing the document, the type of document, the text of the docket entry, the name of the parties and/or attorney(s) receiving the notice, and an electronic link (hyperlink) to the filed document that allows recipients to retrieve the document automatically. Service via this electronic Notice constitutes service pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49.

(b) Conventional Service. If persons are not registered for the CM/ECF system, e.g., prisoners or pro se parties, the Notice will identify the persons who were not electronically served. Persons who were not electronically served must be conventionally served. Counsel shall serve these persons in accordance with the appropriate Federal Rules of Procedure.

(c) Proof of Service for Paper Documents. When service of any pleading, notice, motion, or other document is required under Rule 135(b), proof of such service shall be endorsed upon or affixed to the original of the document when it is lodged or filed. Except for ex parte matters, a paper document shall not be submitted for filing unless it is accompanied by a proof of service. Proof of service shall be under penalty of perjury and shall include the date, manner and place of service.

(d) Service Upon All Parties. Unless a party expressly waives service, copies of all documents submitted to the Court shall be served upon all parties to the action, except that no service need be made upon parties held in default for failure to appear unless the document involved asserts new or additional claims for relief against such defaulting parties. See Fed. R. Civ. P. 5(a).

(e) Service Upon Pro Se Party. Service of all documents authorized to be served in accordance with Fed. R. Civ. P. 5 or Fed. R. Crim. P. 49 shall be complete when served upon a party appearing in propria persona. See also Fed. R. Civ. P. 4.1.

(f) Service Upon Attorney. Service of all documents authorized to be served in accordance with Fed. R. Civ. P. 5 or Fed. R. Crim. P. 49 shall be complete when served upon the attorney for the party, if the party has appeared and is represented by an attorney. When an attorney represents multiple parties, service of one copy of the document upon that attorney shall constitute service upon all parties represented by that attorney, unless the Court otherwise orders. Where multiple attorneys represent the same party or parties, service shall be made upon all such attorneys, unless the Court otherwise orders. See also Fed. R. Civ. P. 4.1.

(g) Attorney Registration for Electronic Filing. All attorneys who wish to file documents in the Eastern District of California must be admitted to practice or admitted to appear pro hac vice. Admission to practice in the Eastern District of California includes the requirement that the attorney complete an e-filing registration form and receive a username and password. Completion of the registration form will permit electronic filing of documents and will authorize acceptance of service by electronic means. To do this, an attorney must have a valid internet email address. After registration, attorneys will receive a unique user name and password. Registration enables an attorney to file documents electronically. The court registration name and password, when utilized for the electronic filing of documents, will serve as the party's signature for Fed. R. Civ. P. 11 purposes. See also L.R. 131. In conjunction with the court filing registration requirement, registration for PACER, see L.R. 135(g)(3), is also mandated in order to permit access to images of documents maintained within court electronic records.

(1) Consent to Service. Registration as a filing user constitutes: (1) consent to receive service electronically pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49 and waiver of the right to receive service by any other means; and (2) consent to making electronic service pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49 and waiver of the right to make service by any other means. This consent pertinent to Fed. R. Civ. P. 5 does not affect service of a summons and complaint pursuant to Fed. R. Civ. P. 4, i.e., there is no electronic service of a complaint. The foregoing waiver of service and notice applies to notice of the entry of an order or judgment. Service by electronic means is complete upon transmission of the Notice of Electronic Filing.

(2) PACER Registration Required. Documents already on the Court's servers are accessed through the Public Access to Court Electronic Records ("PACER") Service Center. A PACER login is required in order to utilize CM/ECF to review documents, in addition to, the password issued by the Court for filing purposes. To register for PACER, a user must complete the online form or submit a registration form, available on the PACER website ( http://pacer.psc.uscourts.gov ).

(3) Credit Card Payment. All fees related to electronically-filed documents, e.g., complaint, should be paid by use of a credit card on the Court's secure servers. If credit card payment cannot be made, fees may be paid by check or money order; however, when payment of fees is required, the document will not be filed until payment is tendered.