(A) is not in a format that readily permits electronic filing, such as a map, chart,
or DVD, or (B) is illegible when scanned into electronic format, is to be
maintained in the possession of the attorney or pro se party responsible for the
filing. Such a filing shall be made available for a party or the Court and must be
identified in a Notice of Filing filed with the Court. A document or item filed
pursuant to this subsection shall be served, if it is necessary to serve it, by mail or
by hand delivery, unless the parties have otherwise agreed.
(2) A party appearing pro se shall file with the Clerk and serve documents in paper
form and must be served with documents in paper form, unless the pro se party
has obtained a CM/ECF password.
(3) Unless prior written authorization for electronic filing is given by the Clerk of
Court, every criminal indictment, information, complaint, search warrant, seizure
warrant, arrest warrant, accompanying affidavit, return of warrant, and motion for
order of return pursuant to D.C. Code Section 24-501(i) shall be filed in paper
form (original plus one), accompanied by an electronic copy in a format deemed
by the Clerk’s Office to be compatible with CM/ECF filing, with appropriate
redactions as required by the Federal Rules of Criminal Procedure.
(4) Unless prior written authorization for electronic filing is given by the Clerk of
Court, every document filed prior to the initial appearance of a criminal
defendant, including but not limited to a filing related to a grand jury matter, a
pen register application, an application for interception of wire or electronic
communications, an application for stored electronic information or evidence, an
application for tax return information, and an application for disclosure of
electronically stored evidence shall be filed in paper form (original plus one)
accompanied by an electronic copy in a format deemed by the Clerk’s Office to
be compatible with CM/ECF filing. Except for documents specifically identified
in LCrR 49(e)(3), every such document is not subject to the limitations set forth in
Federal Rule of Criminal Procedure 49.1, and the filing of every such document
under seal shall not require a motion to seal. If service is required, service of such
a document in a criminal matter filed prior to a defendant’s initial appearance
shall be in paper form and shall be accomplished as otherwise provided in the
Federal Rules of Criminal Procedure.
COMMENT TO LCrR 49(e) (2017): Subsection (e)(1), (e)(3) and (e)(4) were amended
to permit the electronic filing of certain types of documents with prior written
authorization of the Clerk of Court.
(f) FORM AND FILING OF DOCUMENTS.
(1) CORRESPONDENCE WITH THE COURT.
Except when requested by a judge, correspondence shall not be directed by the
parties or their attorneys to a judge, nor shall papers be left with or mailed to a
judge for filing.
(2) FACSIMILE OR EMAIL.
No document shall be transmitted to the Clerk for filing by means of electronic
facsimile or email transmission except with express leave of Court.
(3) NAME AND ADDRESS OF PARTIES AND ATTORNEYS.
(i) All documents signed by an attorney shall contain the name, address,
telephone number, and D.C. Bar identification number of the attorney if
the attorney is a member of the D.C. Bar. All attorneys listed on any
document who are members of the D.C. Bar must include their D.C. Bar
identification numbers regardless of whether they sign the document.
Notice of a change in address or telephone number of an attorney or a
party not represented by an attorney must be filed within 14 days of the
change. Unless changed by notice filed with the Clerk, the address and
telephone number of a party or an attorney noted on the first filing shall be
conclusively taken as the last known address and telephone number of the
party or attorney.
(ii) By signing a document that is presented to the Court, an attorney is
certifying that the attorney and all other attorneys appearing with the
attorney on the document are members of or have a pending application
for admission to the Bar of this Court, or have complied with LCrR 44.1
(c) or (d), or are covered by LCrR 44.1(e) as counsel for the United States.
(4) FORM OF DOCUMENTS.
Every document shall be typed (double spaced) using a standard 8 ½ by 11 inch
word processing format (submitted electronically to the court in PDF format) and
shall contain a heading under the caption describing the nature of the document.
The case number on every document shall be followed by the initials of the judge
to whom the case has been assigned. If the case has been referred to a magistrate
judge, the magistrate judge’s initials shall also be shown. Any exhibit or
attachment to documents shall reflect the number of the case in which it is filed.
Any document submitted to the Court in paper format shall be submitted unfolded
and produced on opaque 8 ½ by 11 inch white paper using a clear black image.
(5) VERIFICATION.
Whenever any matter is required or permitted by law or by rule to be supported
by the sworn written statement of a person (other than a deposition, oath of
office, or oath required to be taken before a specified official other than a notary
public), the matter may, with the same force and effect, be supported by the
unsworn declaration, certificate, verification, or statement, in writing of such
person which is subscribed as true under penalty of perjury, and dated, in
substantially the following form:
(i) If executed without the United States: “I declare (or certify, verify, or
state) under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. Executed on (date).
(Signature)”.
(ii) If executed within the United States, its territories, possessions, or
commonwealths: “I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date)”.
(Signature)”.
(6) SEALED OR CONFIDENTIAL DOCUMENTS.
(i) Absent statutory authority, no case or document may be sealed without an
order from the Court. A document filed with the intention of it being
sealed in an otherwise public case must be filed by electronic means in a
manner authorized by the Clerk and shall be accompanied by a motion to
seal. The document will be treated as sealed, pending the outcome of the
ruling on the motion. Failure to file a motion to seal will result in the
document being placed on the public record.
(ii) When it is necessary to file a sealed document in paper form, the
document must be submitted to the Clerk’s Office with an electronic copy
in a format deemed by the Clerk’s Office to be compatible with CM/ECF
filing. The document shall be submitted to the Clerk securely sealed in an
envelope/box. The envelope/box containing such a document shall contain
a conspicuous notation that states “DOCUMENT UNDER SEAL” or
“DOCUMENT SUBJECT TO PROTECTIVE ORDER,” or the
equivalent. The face of the envelope/box shall also contain the title of the
Court, the case caption, the case number, and a descriptive title of the
document, unless such information is to be or has been included in the
information ordered sealed. The face of the envelope/box shall also
contain the date of any order or the reference to any statute permitting the
item to be sealed. A document submitted for confidential in camera
review also must be submitted to the Clerk’s Office securely sealed in an
envelope/box marked as described above.
(iii) Filing a sealed document in a totally sealed case, or filing a sealed
document in paper format in an otherwise public case where electronic
filing cannot be effected, must be made in the Clerk’s Office during the
business hours of 9:00 a.m. and 4:00 p.m., daily except Saturdays,
Sundays, and legal holidays. Filing a sealed document at the security desk
is prohibited because the Security Officers are not authorized to accept
this material.
(g) INCORRECT FILINGS AND TECHNICAL DIFFICULTIES.
(1) The Clerk may direct a party or non-party to re-file a document that has been
incorrectly filed or to correct an erroneous or inaccurate docket entry.
(2) If a pro se party who has been given leave to file electronically or an attorney
presents an unsealed document for filing in paper form, the Clerk may direct the
pro se party or attorney to file the document electronically or present it in a
format deemed by the Clerk’s Office to be compatible with CM/ECF filing. The
document will be deemed filed on the date it was first presented for filing if, no
later than the next business day, the pro se party or attorney files the document
electronically or presents it in a format deemed by the Clerk’s Office to be
compatible with CM/ECF filing.
(3) The inability to complete an electronic filing because of technical problems may
constitute “cause” for an order enlarging time or “excusable neglect” for the
failure to act within the specified time, within the meaning of Federal Rule of
Criminal Procedure 45(b)(1). A filer encountering technical problems with a
CM/ECF filing shall immediately notify the Clerk’s Office of the problem either
by email or by telephone, followed promptly by written confirmation. This Rule
does not provide authority to extend statutory and jurisdictional time limits.
