Local Rule Rule 5.1.2: Electronic Case Filing

Rule 5.1.2 Electronic Case Filing

All cases and documents filed in this court are required to be filed on the Electronic Case Filing ("ECF") System in accordance with the Rules set forth below, unless excepted under the Local Rules or pursuant to Standing Orders of the Court.

1. Definitions

(a) "ECF Filing User" means those who have registered for an ECF E-Filer account in the Eastern District of Pennsylvania.

(b) "Notice of Electronic Case Filing" means the notice generated by the ECF system when a document has been filed electronically, stating that the document has been filed.

(c) "Judge" means the District Judge assigned to the case, or the Magistrate Judge to whom all or any part of a case has been referred pursuant to 28 U.S.C. § 636.

(d) "Court" shall mean the United States District Court for the Eastern District of Pennsylvania.

2. Scope of Electronic Case Filing

(a) All civil and criminal cases filed in this court are required to be entered into the court's ECF System in accordance with these Rules and the Court's Standing Orders.

(b) Attorneys are required to commence a civil action by electronic filing except as otherwise provided in the Local Rules and the Court's Standing Orders. All pleadings, documents, motions, memoranda of law, petitions, certificates of service, and other documents required to be filed with the Clerk in connection with a case must be electronically filed except as otherwise provided in the Local Rules and the Court's Standing Orders, or as otherwise ordered by the judge assigned to the case.

(c) In criminal cases, the indictment or information and motion and order for an arrest warrant or summons cannot be electronically filed. Such filings should be emailed as attachments to the designated Clerk's Office email address. Documents designated as "highly sensitive" (HSD) may be submitted in paper form.

(d) Unrepresented litigants are required to file their documents: (1) in paper form; (2) by using the Court's Electronic Document Submission tool available on the home page domain of the Court's website; (3) via the ECF System if they receive court permission to use the System under Local Civil Rule 5.1.2(3)(b); or (4) any other electronic means authorized by standing order of the Court.

(e) If an amended pleading filed under Federal Rule of Civil Procedure 15(a)(1) or (a)(2) adds new parties, the filing party must simultaneously file a notice with the Clerk of Court seeking issuance of summons for the new party.

(f) A paper filed via the ECF System constitutes the original, official record of the Court and a paper filed electronically is equivalent to a written paper as set forth in Federal Rule of Civil Procedure 5(d)(3)(D). The scanned image in the ECF system of a paper not filed electronically is deemed equivalent to the paper document.

(g) Once registered, an ECF Filing User may only request to withdraw from participation in the ECF System for good cause shown by providing the Clerk with written notice of the request which shall be forwarded to the Chief Judge for consideration.

(h) Nothing in this Rule shall be construed to nullify or contradict the provisions pertaining to discovery set forth in Local Civil Rule 26.1.

(i) Nothing in this Rule shall be construed to nullify or contradict the provisions pertaining to records, files, and exhibits set forth in Local Civil Rule 39.3(e).

(j) All cases filed in the ECF System in which a notice of appeal is filed shall be governed by Federal Rule of Appellate Procedure 10 and all relevant Local Rules and internal operating procedures of the court to which an appeal will be taken. Any questions about whether the record truly discloses what occurred in the district court are to be submitted to and settled by the district judge. Cases in which there is a right of direct appeal to the United States Supreme Court shall be governed by the rules of the United States Supreme Court.

3. Eligibility, Registration and Password

(a) Attorneys admitted to the bar of this court, including those admitted pro hac vice, are required to register through PACER as Users of the court's ECF System.

(b) Upon the approval of the judge, a party to a case who is not represented by an attorney must create a PACER account in order to register as an ECF Filing User in the ECF System solely for purposes of the action, but may not file a complaint or other case opening documents. Registration is in a form prescribed by the Clerk and requires identification of the case as well as the name, address, telephone number, and email address of the party. If, during the course of the case, the party retains an attorney who appears on the party's behalf, the attorney must advise the Clerk to terminate the party's registration as an ECF Filing User upon the attorney's appearance. A judge may revoke an unrepresented party's permission to file electronically at any time or in light of excessive filings, either in number or length.

(c) Registration as an ECF Filing User constitutes agreement to receive and consent to make electronic service of all documents as provided in this Rule and in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). This agreement and consent is applicable to all future cases until revoked by the ECF Filing User.

(d) Once registration is complete, the applicant will receive notification that they are able to file electronically in the Eastern District. ECF Filing Users agree to protect the security of their passwords and immediately notify the Clerk by telephone, confirmed immediately thereafter in writing delivered by email, facsimile or hand-delivery to the attention of the Clerk, if they learn that their password has been compromised. Users may be subject to sanctions by the judge for failure to comply with this provision. For security reasons, the court recommends that ECF Filing Users periodically change their passwords.

4. Consequences of Electronic Filing

(a) Electronic transmission of a document to the ECF System consistent with the provisions of these Rules, together with the transmission of a notice of electronic case filing from the court, constitutes filing of the document for all purposes of the Federal Rules of Civil Procedure and the Local Rules of this court, and constitutes entry of the document on the docket maintained by the Clerk pursuant to Federal Rules of Civil Procedure 58 and 79.

(b) A document that has been filed electronically is the official record of the document, and the filing party is bound by the document as filed. Except in the case of documents first filed in paper form and subsequently submitted electronically under Section 2 above, a document filed electronically is deemed filed at the time and date stated on the notice of electronic case filing from the court. A document filed by an unrepresented litigant using the court's electronic document submission tool is deemed filed at the time it is submitted.

(c) Filing a document electronically does not change any filing deadline set by the Federal Rules of Civil Procedure, the Local Rules of the court, or an order of the judge.

(d) All pleadings and documents filed electronically must be transmitted in the form prescribed by Federal Rule of Civil Procedure 10(a). All transmissions for electronic case filings of pleadings and documents to the ECF System shall be titled in accordance with the approved directory of civil and criminal events of the ECF System.

5. Attachments and Exhibits

(a) When filing documents identified as exhibits or attachments, an ECF Filing User must submit only those excerpts of the identified documents that are relevant to the matter under consideration by the court. Excerpted material must be clearly and prominently identified as such. ECF Filing Users are required to adhere to the current ECF file-size limits posted on the Court website when uploading their attachments for filing.

(b) Each document filed as an exhibit must be filed as a separately numbered attachment to the main document and must be clearly titled with an objective description of the document (e.g., 6/14/19 Deposition of John Doe; 10/14/21 Letter from Smith to Jones; 3/15/20-3/23/20 Email Thread between Doe and Roe) so that the nature of the exhibit and its relevance are clearly discernible without the need to open the file. The filing of exhibits in text searchable format is encouraged, but not required. Alternatively, exhibits may be filed in a single pdf if accompanied by an index to the compilation providing the above information.

6. Sealed Documents

A motion to file documents under seal along with the documents sought to be filed under seal should be emailed to the designated Clerk's Office email address at ECF_Documents@paed.uscourts.gov. The document(s) sought to be filed under seal must be accompanied by a cover sheet that clearly states that the document(s) are sought to be filed under seal. An order of the court authorizing the filing of documents under seal may be filed electronically unless prohibited by law. Documents ordered to be placed under seal shall be uploaded by the Clerk's Office under the appropriate setting. Non-ECF Filing Users may file their sealed documents in paper if they are unable to email them, and Clerk's Office staff will upload them under the appropriate setting.

7. Service of Documents by Electronic Means

(a) When an ECF Filing User electronically files a pleading or other document using the ECF system, a Notice of Electronic Case Filing is automatically generated by the system and sent to all parties entitled to service under the Federal Rules of Civil Procedure and the Local Civil Rules of the Eastern District of Pennsylvania who have consented to electronic service. Electronic service of the Notice of Electronic Case Filing constitutes service of the filed document to all such parties and shall be deemed to satisfy the requirements of Federal Rule of Civil Procedure 5(b)(2)(E).

(b) All documents filed using the ECF System shall contain a Certificate of Service stating that the document has been filed electronically and is available for viewing and downloading from the ECF System. The Certificate of Service must identify the manner in which service on each party was accomplished, including any party who has not consented to electronic service.

(c) Parties who have not consented to electronic service are entitled to receive a paper copy of any electronically filed pleading or other document. Service of such paper copy must be made by counsel according to the Federal Rules of Civil Procedure and the Local Civil Rules of the Eastern District of Pennsylvania. Counsel filing a pleading or document is responsible for service.

(d) As set forth in Section 3 of this Rule, registration as an ECF Filing User constitutes agreement to receive and consent to make electronic service of all documents as provided in this Rule and in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). This agreement and consent is applicable to all pending and future actions assigned to the ECF System until revoked by the ECF Filing User. By using the Court's Electronic Document Submission tool or any other electronic means established by standing order, unrepresented litigants consent to service by email at the email address provided to the court.

(e) In accordance with Federal Rule of Civil Procedure 77(d), the court may serve notice of entry of orders or judgments by electronic means.

(f) In civil cases, the provisions of this section of the Local Rules apply to service of documents covered by Federal Rule of Civil Procedure 5(a). Service of Original Process under Federal Rule of Civil Procedure 4 is not authorized to be accomplished electronically, unless otherwise provided by these Rules or by any service agreement by which the court may forward service to a defendant.

8. Signature

(a) The user log-in and password required to submit documents to the ECF System serve as the ECF Filing User's signature on all electronic documents filed with the court. They also serve as a signature for purposes of Federal Rule of Civil Procedure 11(a), the Local Civil Rules of this court, and any other purpose for which a signature is required in connection with proceedings before the court. Electronically filed documents must include a signature block and must set forth the name, address, telephone number, email, and the attorney's state bar identification number, if applicable. In addition, the name of the ECF Filing User under whose log-in and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. An unrepresented litigant using the Court's Electronic Document Submission tool or other electronic means authorized by standing order may also use "s/" to electronically sign a submitted document.

(b) No ECF Filing User or other person may knowingly permit or cause to permit a Filing User's password to be used by anyone other than an authorized agent of the Filing User.

(c) Documents requiring signatures of more than one party must be electronically filed either by: (1) submitting a scanned document containing all necessary signatures; (2) representing the consent of the other parties on the document; (3) identifying on the document the parties whose signatures are required and by the submission of a notice of endorsement by the other parties no later than seven (7) days after filing; or (4) any other manner approved by the court.

9. Submission of Stipulations and Proposed Orders

Stipulations or proposed orders which may require a judge's signature must be electronically filed by counsel, unless otherwise ordered by the presiding judge. An ECF Filing User who electronically files a stipulation or proposed order is bound by all signature requirements set forth in Section 8 of these ECF Procedures and Federal Rule of Civil Procedure 11(a).

10. Retention Requirements

Documents that are electronically filed and require original signatures other than that of the ECF Filing User must be maintained in paper form by the ECF Filing User until three (3) years after the time period for appeal expires. The ECF Filing User must provide original documents for review upon request of the judge.

11. Public Access

(a) Any person or organization not registered as an ECF Filing User under Section 3 of this Rule may access the ECF Filing System at the court's website, www.paed.uscourts.gov, by obtaining a PACER log-in and password. Those who have PACER access but who are not Filing Users may retrieve docket sheets and those documents which the court makes available on the Internet for the fee normally charged for this service as set by the fee schedule authorized by the Administrative Office of United States Courts, but they may not file documents.

(b) Documents are available electronically for inspection by the public. Social Security numbers, dates of birth, financial account numbers and names of minor children must be modified or partially redacted in all filings in accordance with Federal Rule of Procedure 5.2.

(c) In connection with the electronic filing of any material, any person may apply by motion for an order limiting electronic access to, or prohibiting the electronic filing of, certain specifically identified materials on the grounds that such material is subject to privacy interests and that electronic access or electronic filing in the action is likely to prejudice those privacy interests.

12. Entry of Court Order

All orders, decrees, judgments and records related to proceedings of the court will be filed in accordance with these rules which will constitute entry on the docket maintained by the Clerk pursuant to Federal Rules of Civil Procedure 58 and 79. Any order filed electronically without the original signature of a judge has the same force and effect as if the judge had affixed the judge's signature to a paper copy of the order.

13. Notice of Court Order and Judgment

Immediately upon the entry of an order or judgment on the case docket, the ECF System will generate a Notice of Electronic Filing that will be sent to all ECF Filing Users in the case. Electronic transmission of the Notice of Electronic Case Filing constitutes the notice required by Federal Rule of Civil Procedure 77(d). In accordance with the Federal Rules of Civil Procedure, the Clerk must give notice in paper form to parties who are not registered as ECF Filing Users, or who have not consented to service by means of the court's electronic document submission tool.

14. Technical Failure

An ECF Filing User whose filing is determined to be untimely as the result of a technical failure may seek appropriate relief from the judge assigned to the case, provided that the User immediately notifies the Clerk of the technical failure by telephone, confirmed immediately thereafter in writing delivered by email or by hand to the Clerk's attention. The Clerk will then notify the assigned judge's chambers as soon as possible.

15. Special Filing Requirements; Public Access Restrictions

The following types of filings cannot be electronically filed on the court's ECF System, and must be filed in paper or by email as set forth below:

A. DOCUMENTS THAT MUST BE FILED IN PAPER FORM

1. Documents that qualify as Highly Sensitive Documents ("HSD") as defined on the Court website and documents for which counsel seeks that designation.

2. State court records in habeas cases, except as permitted to be filed by e-mail by the county providing the records, or as ordered by the judge assigned to the case.

3. Documents filed by prisoners, unless the institution where they are confined provides the means for them to file electronically.

B. DOCUMENTS THAT CAN BE FILED BY EMAIL TO THE CLERK

1. Sealed cases and sealed documents.

2. Qui tam cases and related documents.

3. Case opening documents in criminal cases, including the indictment or information and motion and order for an arrest warrant or summons.

4. All documents requiring the signature of a defendant in a criminal proceeding or a proceeding before a magistrate judge, such as waiver of indictment, waiver of presentence report, waiver of a jury trial, plea agreement, appearance bond, affidavit, and financial affidavit.

5. Presentence Reports or other documents related to the Presentence Reports.

6. Ex parte Motions in criminal cases, in civil forfeiture cases and miscellaneous matters that require the same security as criminal ex parte motions (e.g., grand jury information and IRS tax returns).

C. TRANSCRIPTS

Consistent with Judicial Conference Policy, transcripts are uploaded to the ECF System. Civil transcripts are publicly viewable after the conclusion of the redaction period, unless otherwise ordered by the presiding judge. Criminal transcripts are not publicly viewable after the conclusion of the redaction period except as directed by the presiding judge after giving the prosecution and defense counsel an opportunity to be heard. Sealed transcripts will be maintained under a sealed setting and are not publicly viewable.