FILING AND CONTENTS OF DOCUMENTS
(a) Electronic Filing. The Eastern District of California is an electronic case
management/filing district (CM/ECF). Unless excused by the Court or by the electronic
filing procedures set forth in these Rules, attorneys shall file all documents electronically
pursuant to those Rules. All complaints, and subsequent motions, pleadings, briefs,
exhibits, and all other documents in an action shall be electronically filed except as
otherwise provided by these Rules. Pro se parties shall file and serve paper documents
as provided in these Rules. After a pro se party files a paper document, the Clerk will
transform the paper filing into an electronic record and ultimately discard the paper filing.
(b) Exceptions
(1) Attorney Exceptions. In exceptional circumstances and for specific
documents, an attorney may apply for permission to file documents in paper format. See
L.R. 133(b)(3). The decision to permit paper filing is in the sole discretion of the assigned
Judge or Magistrate Judge. Any request to file paper documents must be made no less
than seven (7) days before the date the documents would otherwise be due to be filed.
Permission to file paper documents may be revoked at any time. Paper filings will be
scanned, and the electronic format will become the official court record unless otherwise
ordered by the assigned Judge or Magistrate Judge. The paper filing will ultimately be
discarded.
(2) Pro Se Party Exception. Any person appearing pro se may not
utilize electronic filing except with the permission of the assigned Judge or Magistrate
Judge. See L.R. 133(b)(3). All pro se parties shall file and serve paper documents as
required by applicable Federal Rules of Civil or Criminal Procedure or by these Rules.
(3) Form of Requests. Requests to use paper or electronic filing as
exceptions from these Rules shall be submitted as stipulations as provided in L.R. 143
or, if a stipulation cannot be had, as written motions setting out an explanation of reasons
for the exception. Points and authorities are not required, and no argument or hearing
will normally be held. Requests may also be made in scheduling conference and pretrial
conference statements when the need can be foreseen.
(4) Grand Jury Exception. Grand jury proceedings shall be submitted
for filing by the United States Attorney in paper format. These documents will be scanned
into .pdf format by the Clerk and, unless authorized to be publicly available, shall be kept
under seal. All paper documents shall be returned to the United States Attorney.
(5) Exception for Certain Other Criminal Documents. See L.R.
131(h).
(c) Controlling Procedures. Whenever, in these Rules, reference is made to
filing or service of a document, the reference shall include filing and serving documents
electronically in conformity with these Rules. If these Rules require paper filings or service
for certain persons or circumstances, then conventional filing and service procedures
shall control to that extent.
(d) Paper Documents
(1) Delivery of Paper Documents to the Clerk. Except as expressly
authorized in advance by the Court, all paper documents presented for filing or lodging
shall be delivered to the Clerk who will, when appropriate, deliver the documents to the
Judge or Magistrate Judge after docketing. Original documents to be filed or lodged shall
not be mailed to chambers. If a particular document is to be brought to the immediate
attention of the Judge or Magistrate Judge assigned to the action, a copy may be mailed
or otherwise delivered to the chambers, but the original shall be presented to the Clerk.
See Fed. R. Civ. P. 5; L.R. 121(b). All documents delivered to the Clerk for filing or
lodging in a pending action should be presented to the Clerk at the office where the action
is pending. See L.R. 120, 121. However, unless otherwise ordered by the Court,
documents filed at an incorrect office will be accepted by that office.
(2) Filing of Multiple Copies of Paper Documents. One additional
legible conformed copy of all paper documents to be filed or lodged shall be delivered to
the Clerk, for the Court's use, except that in actions to be heard by a District Court
composed of three Judges, three additional legible conformed copies of each brief and
supporting documents shall be delivered to the Clerk.
(3) Handling of Improper Paper Documents. The Clerk will not refuse
to file a paper document that is submitted for filing in a pending action on account of
improper formatting. The Clerk will scan it and, if improperly filed, notify the Court that
the document was filed in an improper format. An order to show cause (OSC) may be
issued in appropriate actions regarding an attorney's disregard for the requirement to
utilize electronic filing or other violations of these electronic filing procedures. See L.R.
110.
(e) Facsimile Documents.
(1) Facsimile as Original Document. For purposes of this Rule, the
image of the original manual signature appearing on a facsimile (fax) copy filed pursuant
to this Rule shall constitute an original signature for all court purposes. The document,
which itself may be in whole or in part a fax copy, must be marked "original" before
submission to the Clerk for filing.
(2) Retention of Actual Original. The originator of the document, or in
the case of an affidavit or certification, the presenting attorney or party, must maintain the
document containing the original manual signature until the conclusion of the action,
including any appeal and remand after appeal. In the event there are multiple signatories
to a document, the filing party or attorney shall retain the originally signed document(s).
(3) Filing of Actual Original. The Court may require that the document
containing the original manual signature be filed.
(4) No Direct Fax to Clerk or Chambers. This Rule does not provide
for documents to be transmitted via fax directly to the Clerk. Documents directly faxed to
the Clerk or to a chambers of the Court will not be filed, lodged, received, returned, or
acknowledged, absent an express order of the Court.
(f) Chambers Courtesy Paper Copies. A person who electronically files any
document (excluding attachments or exhibits) in excess of 25 pages must also provide a
courtesy paper copy of the document to the appropriate chambers. A person who
electronically files attachments or exhibits that total in excess of 50 pages must also
provide a paper courtesy copy of those attachments or exhibits to chambers by delivering
it to the Clerk. The courtesy copy must be mailed or otherwise sent to the pertinent
courtroom deputy clerk no later than the next business day following the electronic filing.
All courtesy copies shall be prominently labeled as such in capital letters on the face sheet
of the courtesy copy. Chambers have no obligation to retain the courtesy copies. See
also L.R. 130(b).
(g) Caption and Title. Following the counsel identification and commencing
on the eighth line of the initial page of each document (except where additional space is
required for identification), there shall appear: (1) the title of the Court, (2) the title of the
action, (3) the file number of the action, followed by the initials of the Judge and Magistrate
Judge to whom it is currently assigned, (4) a title describing the document, (5) immediately
below the case number and title of the document, a statement of the date, time, and name
of the Judge or Magistrate Judge for any scheduled hearing, and (6) any other matter
required by these Rules.
(h) Reference to Parties. If there are more than two parties, including
intervenors or amici, references to all parties shall include the name (which may be
abbreviated) of the particular party or parties to whom reference is made.
(i) Citations.
(1) Federal Citations. Citations to federal decisions shall be to the
United States Supreme Court Reports, Federal Reports, Federal Supplement, or Federal
Rules Decisions, if so reported, and shall indicate the court and year of decision. Citations
to federal statutes shall be to the United States Code, if so codified. Citations to federal
administrative rules shall be to the Code of Federal Regulations, if so codified, or to the
Federal Register, if published therein.
(2) State Citations. Citations to California decisions shall be to the
official California Reports. Citations to other state cases shall be to the National Reporter
System, showing state and year of decision. Other parallel citations may be added.
(3) Unreported, Uncodified Citations.
(i) General Requirement. If case, statutory, or regulatory
authority is relied upon that has not been reported, published or codified in any of the
foregoing references, and that is not available through Westlaw/Lexis, a copy of that
authority shall be appended to the brief or other document in which the authority is cited.
This requirement shall include, but not be limited to, the Statutes at Large, the Public
Laws of the United States, the California Administrative Code, administrative regulations
not contained in the Code of Federal Regulations or the Federal Register, and decisions
and other matters published in specialized reporter services.
(ii) Incarcerated Pro Se Parties. In any action wherein a party
is incarcerated and appearing pro se, that party shall be served with a paper copy of the
case, statutory, or regulatory authority cited by the filing party that has not been reported
as set forth in (1) and (2) above, regardless of its availability in Westlaw/Lexis, as well as
a paper copy of that authority otherwise required to be appended in 3(i) above. No copy
of the authority available in Westlaw/Lexis shall be filed with the court.
(j) Depositions. Depositions shall not be filed through CM/ECF. Before or
upon the filing of a document making reference to a deposition, counsel relying on the
deposition shall ensure that a courtesy hard copy of the entire deposition so relied upon
has been submitted to the Clerk for use in chambers. Alternatively, counsel relying on a
deposition may submit an electronic copy of the deposition in lieu of the courtesy paper
copy to the email box of the Judge or Magistrate Judge and concurrently email or
otherwise transmit the deposition to all other parties. Neither hard copy nor electronic
copy of the entire deposition will become part of the official record of the action absent
order of the Court. Pertinent portions of the deposition intended to become part of the
official record shall be submitted as exhibits in support of a motion or otherwise. See L.R.
250.1(a).
(k) Tables. Briefs exceeding fifteen (15) pages in length shall be accompanied
by an indexed table of contents related to the headings or subheadings and by an indexed
table of statutes, rules, ordinances, cases, and other authorities cited.
