be retained by the Court as part of the record.
(g) INCORRECT AND NONCONFORMING FILINGS AND TECHNICAL
DIFFICULTIES
(1) If a complaint filed electronically does not conform to the requirements of this
Rule, LCvR 5.1 and Fed. R. Civ. P. 10(a), the Clerk will notify the filing party of
the identified deficiency and request that the deficiency be corrected by the end of
the next business day. If the deficiency is not corrected by the end of the next
business day, the Clerk will forward the complaint to the assigned judge with
notice of the identified deficiency and a recommendation, if appropriate, for sua
sponte dismissal for failure to comply with applicable rules.
(2) 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.
(3) 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.
(4) 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 Fed. R. Civ. P. 6(b).
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.
COMMENT to LCvR 5.4(a): This Rule does not apply to cases that are filed in
paper form and are not assigned to the CM/ECF system. Eventually, however, all
new civil cases will be assigned to the CM/ECF system.
COMMENT TO LCvR 5.4(c)(3): An opinion, memorandum, order, judgment,
default, or other notice issued electronically by the Court or by the Clerk bears an
electronic "signature" and does not require a handwritten signature to be official
and binding. Also, an order or notice (such as a minute entry or scheduling
notice) entered on the docket without an attached document is official and
binding.
COMMENT to LCvR 5.4(g): Notice to the Clerk that technical problems
interfered with electronic filing can provide a contemporaneous record in support
of a party's motion under Fed. R. Civ. P. 6(b) for an order enlarging time. Only
the Court, not the Clerk, may enlarge time. However, if the filing deadline is
statutory and jurisdictional, electronic filers should take care not to wait until the
last minute to file since not even technical difficulties will provide a means for the
Court to extend the deadline.
