Local Rule Rule 5.1: Filing and Service of Papers

Rule 5.1 Filing and Service of Papers

(a) Electronic Filing.

(1) Documents Submitted for Filing. Unless otherwise permitted by the Electronic Case Filing Administrative Policies and Procedures Manual (Policy Manual) or otherwise authorized by the assigned judge, all documents submitted for filing shall be filed electronically in searchable text format using the Case Management/Electronic Case Filing system (CM/ECF) and in accordance with the Policy Manual. A system generated Notice of Electronic Filing (NEF) shall be the official confirmation of electronic filing. Any document electronically filed or converted by the clerk's office to electronic format shall be the official record of the court. As such, the clerk's office will not maintain a paper record of these documents. The clerk's office will not accept any e-mail or facsimile transmission for filing unless ordered by the court.

(2) Court-Generated Documents. All orders, decrees, judgments, and proceedings of the court will be filed in accordance with the Policy Manual. That filing shall constitute entry of that document on the docket kept by the clerk under Fed. R. Civ. P. 58 and 79. All signed orders will be filed electronically by the court or court personnel. Any order or other court-issued document filed electronically without the original signature of a judge or clerk has the same force and effect as if the judge or clerk had signed a paper copy of the order or other court-issued document and as if it had been entered on the docket in a conventional manner. Orders may be "text only" entries on the docket, without an attached document. Such orders are official and binding.

(b) Registered Users.

Registered users of CM/ECF include both filing users and receiving users as defined in subsection (b)(1) and (2) of this rule.

(1) Filing Users.

Only an attorney who is registered in CM/ECF may file documents electronically. Filing users are subject to service of documents under Fed. R. Civ. P. 5(b)(2)(E).

(2) Receiving Users.

An unrepresented party who is not incarcerated may register to be a receiving user of CM/ECF. A receiving user receives notices of filings by email instead of regular mail but may not file electronically. Receiving users are subject to service of documents under Fed. R. Civ. P. 5(b)(2)(E).

(c) Authorized User of CM/ECF Password.

No attorney shall knowingly permit or cause to permit the attorney's CM/ECF password to be used by anyone other than an authorized employee of the attorney's law firm. No person shall knowingly use or cause another person to use the password of a registered attorney unless such person is an authorized employee of the attorney's law firm.

(d) Entry on Docket.

The electronic filing of a document in accordance with the Policy Manual shall constitute entry of that document on the docket kept by the clerk under Fed. R. Civ. P. 79. Except in the case of documents first filed in paper form, a document filed electronically is deemed filed at the date and time stated on the NEF that is automatically generated by CM/ECF.

(e) Service of Document.

(1) Documents Submitted for Filing.

Except as provided in Section VI.F of the Policy Manual and subsection (f) of this rule, when a document is filed in CM/ECF, it is served electronically on registered users in compliance with Fed. R. Civ. P. 5(b)(2)(E) and 77(d). The time to respond shall be calculated from the NEF, regardless of whether other means of service are used. Non-registered persons must be served with a copy of any document filed electronically in accordance with the Federal Rules of Civil Procedure. Service on any attorney currently appearing on behalf of that person constitutes service on that person. CM/ECF may not be used to serve documents that are not permitted to be filed, including discovery as provided in Fed. R. Civ. P. 5(d) and Local Civil Rule 26.1(a).

(2) Court-Generated Documents When more than one attorney appears on behalf of a person in a case, and not all of the attorneys for that person are registered filing users, service of any court-generated document (e.g., orders, notices, etc.) will only be made on the attorneys registered in CM/ECF. It is the responsibility of the non-registered attorney to make arrangements with the registered attorney users for that person to remain apprised of court-generated filings in the case. Non-registered attorneys will not receive paper copies from the court.

(f) Exceptions to Electronic Filing.

(1) Documents Excluded from Electronic Filing Unless otherwise ordered by the court, documents filed by an unrepresented person and those documents listed in Section V.A of the Policy Manual, shall be filed in paper form and are excluded from electronic filing. Any document filed in paper form that is not exempt pursuant to this section must be accompanied by a motion for leave to file the document and a proposed order. When filed in paper form, the document must contain the original signature of the attorney or each unrepresented person. A document filed in paper form shall be deemed filed on the date it is received by the clerk except that for incarcerated unrepresented persons a document filed in paper form is deemed filed on the date that it is deposited in the institution's mailing system.

(2) Service of Documents Filed by an Unrepresented Person Unless the document is listed in Section V.A. of the Policy Manual, the clerk shall scan and electronically file a document submitted for filing by an unrepresented person. Except as provided for in Section VI.F of the Policy Manual, the electronic filing of the document by the clerk constitutes service on registered users in compliance with Fed. R. Civ. P. 5(b)(2)(E) and 77(d), and the deadline to respond to the document shall be calculated from the date of NEF, regardless of whether other means of service are used. An unrepresented person must separately serve any non-registered person as provided in Fed. R. Civ. P. 5(b).

(3) Service of Documents Excluded from Electronic Filing Any document filed in paper form pursuant to Section V.A. of the Policy Manual or with leave of court must be served on opposing parties and nonparties as provided in Fed. R. Civ. P. 5(b). Service on any attorney currently appearing on behalf of a person shall be service on that person.

(g) Personal Identifiers.

The responsibility for redacting personal identifiers rests solely with the filer. The clerk will not review each filed document and any attachments for compliance with Fed. R. Civ. P. 5.2.