Local Rule General L.R. 5: Serving and Filing Pleadings and Other Papers

General L.R. 5. Serving and Filing Pleadings and Other Papers

(a) General Format of Papers Presented for Filing.

(1) Pleadings and other papers must be formatted for reproduction on 8-½" x 11" paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1" on all four sides. Page numbers may be placed in the margins, but no text or footnotes may appear there.

(2) All pleadings and other papers must use a plain, Roman style (or similar) font, although italics or boldface may be used for emphasis. Case names must be italicized or underlined. Font must be 12 point or larger, including footnotes.

(3) For filings by represented parties, at least one attorney appearing in the action shall sign each document filed. In addition, there shall be included directly beneath the signature line the typed or printed name, address, and telephone number of all attorneys of record representing that party.

(4) For filings by pro se litigants, the unrepresented party shall personally sign each document filed and shall include, directly beneath the signature line, his or her name, address and telephone number.

(5) The requirements of this subsection (a)(1) and (2) are not applicable when using a form approved and/or furnished by the Court.

(b) Electronic Filing.

(1) The Clerk is authorized to implement and publish Electronic Case Filing Procedures (titled "Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means"), including the procedure for registration of attorneys and for the distribution of passwords to permit electronic filing, service and noticing of pleadings and other documents.

(2) All pleadings and other papers must be filed by electronic means unless exempted by law or the Electronic Case Filing Procedures or excused by the Court. The Court may make reasonable exemption from the electronic filing requirement.

(3) The electronic filing or signing of pleadings or other documents by an attorney who is a registered participant in the Electronic Case Filing System shall constitute the signature of that attorney under Fed. R. Civ. P. 11.

(4) No attorney shall knowingly permit, or cause to permit, his/her password to be utilized by anyone other than an authorized member or employee of his/her law firm.

(5) No person shall knowingly utilize or cause another person to utilize the password of a registered attorney, unless such person is an authorized member or employee of the law firm.

(6) The electronic filing of a pleading or other document in accordance with the Electronic Case Filing Procedures shall constitute entry of that pleading or other document on the docket kept by the Clerk under Fed. R. Civ. P. 79.

(7) The Clerk shall enter all orders, decrees, judgments, and proceedings of the Court in accordance with the Electronic Case Filing Procedures, which shall constitute entry of the order, decree, judgment, or proceeding on the docket kept by the Clerk under Fed. R. Civ. P. 58 and Fed. R. Crim. P. 55.

(c) Non-Electronic Filing. If electronic filing is exempted or excused, the original of all papers must be filed conventionally. All papers filed by nonelectronic means must be filed with the Clerk and not in the Judge's chambers. Except when the documents are deemed by the Clerk to be voluminous, the Clerk shall scan the original papers and enter them into the record electronically.

(d) Service.

(1) Whenever pleadings or other documents are filed electronically in accordance with the Electronic Case Filing Procedures, the Clerk shall serve the filing party, and all other parties whose attorney of record is a registered participant in the Electronic Case Filing System, with a "Notice of Electronic Filing" by electronic means at the time of docketing.

(2) The filing party shall serve the pleadings or other documents upon all persons entitled to notice or service in accordance with the applicable Rules. When service by first-class mail is permitted under the Rules, the filing party may make service in accordance with sub-paragraph (d)(3) below.

(3) If the recipient of notice or service is a registered participant in the Electronic Case Filing System, service by electronic means of the Notice of Electronic Filing shall be the equivalent of service by first-class mail, postage prepaid.

(4) A separate certificate of service is not required for papers served electronically if all parties were served through the Court's Electronic Case Filing System.

(5) Service by electronic means is complete on transmission.

(6) Service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served.

(7) Participation in the Electronic Case Filing System by receipt of a password from the Court shall constitute a request for service and notice electronically pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49. Participants in the Electronic Case Filing System, by receiving a password from the Court, agree to receive service by electronic means.