Rule 5 Electronic filing of documents

(a) eFiling. —

(1) Ninety (90) days after implementation of eFiling in a court or, for courts that have previously adopted eFiling, ninety (90) days after the effective date of this rule, all filings by attorneys eligible to eFile pursuant to Rule 4(a) must be eFiled through the EFS.

(2) Notwithstanding Rule 5(a)(1), the following filings must be Traditionally filed:

(A) When the court finds exceptional cause exists to allow a document to be Traditionally Filed;

(B) When the attorney is representing a person or entity who is not a party to the case, i.e., amicus, witness, etc., except in chancery court where this exception does not apply;

(C) A document or image that is prohibited from electronic storage by federal or state law, including but not limited to, sexually explicit images of a minor;

(D) A non-paper or oversized exhibit;

(E) Any document or thing that cannot be scanned or otherwise converted to a .pdf;

(F) Original wills filed for the first time in a matter;

(G) Warrants, not including bench and arrest warrants requested or issued in a filed case;

(H) Grand Jury Materials; and

(I) Requests for waiver of filing fees in civil cases.

(3) Unless otherwise ordered, when a Filer Traditionally Files a subsequent filing in accordance with subsection (2) of this Rule, the Filer must eFile notice of the Traditional Filing, and eServe all Registered Users appearing in the case with such notice.

(4) The clerk shall digitize, record, scan, or otherwise reproduce a document that is Traditionally Filed into an electronic record, document, or image, unless an original document is required by state statute, court rule, or the document cannot be reproduced into an electronic record. In addition, exhibits that cannot be scanned into an electronic record and uploaded into the EFS shall be kept in their physical form by the clerk of court at the time of filing. A physical document that has been converted into an electronic record, document, or image may be destroyed at the discretion of the clerk.

(5) eFiled documents shall not be subsequently Traditionally Filed.

(6) Any document not eFiled in accordance with subsection (a)(1) may be rejected by the clerk.

(b) Time of eFilings. —

(1) A “day” begins at 12:00 a.m. (Mountain Time) and ends at 11:59:59 p.m. (Mountain Time).

(2) A document is deemed filed upon submission to the EFS.

(3) The EFS will affix the date and time of submission upon the filed document. Questions of timeliness will be resolved by the date and time affixed to the eFiling by the EFS.

(c) Intervention and Addition of Parties. —

(1) A Filer may eFile a motion to intervene. The Filer will not receive access to public or confidential documents through the EFS until the order granting the motion has been filed, and the intervenor and attorney of record has been added to the case in the Case Management System.

(2) To add a party to a case that has already been initiated through the EFS, the Filer must file a motion requesting the addition of a party to the case and a proposed order. The Filer will not receive access to public or confidential case documents through the EFS until the order granting the addition of the party has been filed, and the party and attorney of record has been added to the case in the Case Management System.

(3) Child Support Enforcement shall be added to a case pursuant to W.S. § 20-6-106 without a motion or order, upon written request to the clerk of court, including the agency’s need to file into the case record.