REVISED February 2025
ADMINISTRATIVE PROCEDURES FOR FILING, SIGNING, AND VERIFYING
PLEADINGS AND PAPERS BY ELECTRONIC MEANS IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF KANSAS
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REVISED February 2025
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Contents
I. THE ELECTRONIC FILING SYSTEM ............................................................................ 4
A. IN GENERAL ................................................................................................................................ 4
B. SCANNED DOCUMENTS ........................................................................................................... 4
C. PASSWORDS................................................................................................................................. 5
D. REGISTRATION .......................................................................................................................... 6
II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS .................................... 8
A. FILING ........................................................................................................................................... 8
B. SERVICE ...................................................................................................................................... 14
C. SIGNATURES ............................................................................................................................. 15
D. FEES PAYABLE TO THE CLERK .......................................................................................... 17
E. ORDERS ....................................................................................................................................... 17
F. TITLE OF DOCKET ENTRIES ................................................................................................ 18
G. CORRECTING DOCKET ENTRIES ....................................................................................... 18
H. TECHNICAL FAILURES .......................................................................................................... 19
I. PRIVACY ..................................................................................................................................... 20
J. DOCUMENTS TO BE FILED UNDER SEAL ......................................................................... 21
K. DOCUMENTS TO BE FILED IN SEALED CASES ............................................................... 24
L. PRISONER E-FILING ................................................................................................................ 25
M. CJA FEE MATTERS .............................................................................................................. 26
III. FILING OF DOCUMENTS OTHER THAN THROUGH THE SYSTEM .............. 27
A. PRO SE FILERS IN CRIMINAL CASES AND UNREGISTERED PRO SE FILERS IN
CIVIL CASES ....................................................................................................................................... 27
B. DOCUMENTS CONTAINING CERTAIN ORIGINAL SIGNATURES .............................. 28
C. REIMBURSEMENT FOR COURT-APPOINTED COUNSEL IN CIVIL MATTERS ....... 28
IV. ATTACHMENTS ........................................................................................................... 28
A. IN GENERAL .............................................................................................................................. 28
B. VOLUMINOUS EXHIBITS ....................................................................................................... 29
C. CONVENTIONAL FILING OF EXHIBITS ............................................................................ 29
V. PUBLIC ACCESS TO THE SYSTEM DOCKET....................................................... 30
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A. PUBLIC ACCESS AT THE COURT ........................................................................................ 30
B. INTERNET ACCESS .................................................................................................................. 30
C. CONVENTIONAL COPIES AND CERTIFIED COPIES ...................................................... 30
APPENDIX A .............................................................................................................................. 32
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REVISED February 2025
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS
I. THE ELECTRONIC FILING SYSTEM
A. IN GENERAL
Unless otherwise permitted by these administrative procedures, by local rules, or
by a general order of the court, or unless otherwise specifically authorized by the
assigned judge, all documents submitted for filing in this district shall be filed
electronically using the Electronic Filing System (“System”). However, the
following exceptions shall apply:
1. Complaints, notices of removal, civil cover sheets, and summonses are
governed by paragraph II(A)(2) & (4) of these procedures.
2. Charging instruments are governed by paragraph II(A)(5) of these
procedures.
3. The filing of fee matters is governed by paragraph II(D) of these
procedures.
4. Parties proceeding pro se in criminal cases shall not file electronically (see
paragraph III(A)).
5. Documents containing original signatures of defendants and certain
nonparties are governed by paragraph III(B) of these procedures.
6. Registered attorneys of record have remote access to documents in limited
criminal cases filed prior to November 1, 2004, but no public remote
access is available. Public access is available to docket sheets in criminal
cases and documents filed after November 1, 2004. Members of the
public may view limited electronic files for criminal cases filed prior to
November 1, 2004, at the public terminals in the clerk’s office.
7. The clerk or any judge of this court may deviate from these procedures
without prior notice if deemed appropriate in the exercise of discretion,
considering the need for the just, speedy, and inexpensive determination of
every action. The court may also amend these procedures at any time
without prior notice.
B. SCANNED DOCUMENTS
When scanning documents that will be filed electronically, parties should
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configure their scanners at 300 dpi. Scanned documents are required to be text
searchable. Optical Character Recognition (OCR) must be performed on all
documents before the documents may be filed. Filing parties are responsible for
ensuring that scanned documents are legible. If a scanned document is not legible,
the filing party should seek leave to file the document conventionally, rather than
electronically.
Because large documents may not upload to the System properly or download
within a reasonable amount of time, the System will reject documents that exceed
75 megabytes. Accordingly, excessively large documents must be filed in
components, each of which must be less than 75 megabytes, or may be filed
conventionally with leave of the court. Sending a document or pleading to the
court via email does not constitute electronic filing unless otherwise ordered by
the court or permitted by these rules.
C. PASSWORDS
1. In General
a. No attorney or pro se party shall knowingly permit or cause to
permit his or her password to be utilized by anyone other than an
authorized employee of his or her law office.
b. Once registered, an attorney or pro se party shall be responsible for
all documents filed using his or her password.
2. Attorneys Admitted to Practice in This Court.
Each attorney admitted to practice in the District of Kansas shall be
entitled to one System password, created through pacer.gov, which will
allow the attorney to retrieve and file documents electronically and to
receive notices of electronic filing.
3. Attorneys in MDL Cases.
Each attorney in a case transferred under 28 U.S.C. § 1407 shall be
entitled to one System password, created through pacer.gov, which will
allow the attorney to retrieve and file documents electronically and to
receive notices of electronic filing unless otherwise ordered or instructed
by the judge in the case. Filing privileges granted under this provision are
limited to use in the specific MDL cases at issue.
4. Attorneys Admitted Pro Hac Vice.
Each attorney admitted pro hac vice must complete and sign a Pro Hac
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Vice Electronic Filing Registration Form (available at
http://www.ksd.uscourts.gov/attorney-electronic-filing-registration-form).
The attorney may then retrieve documents electronically through PACER
and will receive System-generated notices of electronic filing. The
System will not allow attorneys admitted pro hac vice to file documents
electronically.
5. Pro Se Parties
a. A pro se party to a pending civil action, i.e., one who is not
represented by an attorney, may register to use the System solely
for purposes of the action. The pro se party will be assigned a
password after registering at pacer.gov, permitting the pro se party
to electronically retrieve and file pleadings and other papers in the
action.
b. Registration for a password is governed by Paragraph I(D).
c. By registering to use the System, the pro se party consents to
electronic service of all documents as provided in these
administrative procedures and in accordance with the Federal
Rules of Civil Procedure and Local Rules.
d. If, during the course of the action, the pro se party retains an
attorney who appears on the party’s behalf, the pro se party will no
longer receive Notices of Electronic Filing when documents are
filed in the case. The System will send all Notices of Electronic
Filing to the attorney.
e. If a pro se party is involved in more than one civil action, he or she
must register for electronic filing privileges in each case in which
they are involved.
D. REGISTRATION
Any individual who wishes to e-file in the District of Kansas must have a PACER
account and must request filing privileges for this court through the PACER
Service Center. This method for providing access to the System is referred to as
Central Sign-On and allows all PACER users to use the same login and password
in all NextGen CM/ECF courts in which they have been granted access to file.
Detailed instructions for this process are available at ksd.uscourts.gov.
Once e-filing privileges have been granted, the filer will use his/her PACER login
and password to access the System and electronically file documents.
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1. Attorneys
a. Attorneys who have PACER accounts. Attorneys who have
accounts should request access to e-file in this district by signing
into their PACER account and submitting an e-file registration
request to this court. The request will be reviewed and processed
by the court. Filing privileges will be granted to all attorneys who
are members of the bar of this court and are in good standing.
i. To be in good standing, an attorney must comply with the
requirements of Local Rule 83.5.3, including timely
payment of the annual registration fee.
b. Attorneys who do not have an existing PACER account.
Attorneys who do not have an existing PACER account should go
to pacer.gov and register for BOTH a PACER account and e-filing
privileges with this court. The PACER application will be
processed by PACER as a separate action from the e-filing
application. The e-filing request will be reviewed and processed
by the local court. Filing privileges will be granted to all attorneys
who are members of the bar of this court and are in good standing
[see section I(D)(1)(a)(i) above].
2. Pro se parties
a. Civil cases
i. E-Filing and Electronic Notice. Pro se parties who wish
to file electronically and receive electronic notice in civil
cases should go to pacer.gov and apply for both a PACER
account and for e-filing privileges in the “Non-Attorney”
category. The request will be reviewed by the clerk’s
office and a clerk will contact the party to verify that he/she
has access to the necessary equipment to receive electronic
notice. Once verified, the request will be approved. The
court reserves the right to revoke pro se electronic filing
privileges at any time.
ii. Electronic Noticing Only. Pro se parties who wish to
receive electronic notice and service of filed documents
without requesting electronic filing privileges must
complete the Pro Se Electronic Notification Registration
form available at ksd.uscourts.gov/forms. The form should
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be returned to the clerk’s office. The pro se party should
go to pacer.gov to register for a PACER account, but
should NOT request electronic filing privileges from the
court.
All signed original Pro Se Electronic Notification
Registration forms shall be mailed, emailed, faxed, or
delivered to the clerk’s office and shall bear the original
signature of the pro se party (no s/ signatures are allowed).
b. Criminal cases
Pro se parties shall not be granted electronic filing access in
criminal cases.
3. Password changes
After registering, attorneys or pro se parties may change their passwords at
pacer.gov. If an attorney or pro se party comes to believe that the security
of an existing password has been compromised and that a threat to the
System exists, the attorney or pro se party must change his or her
password immediately.
4. Address changes
An attorney or pro se party whose email address, mailing address,
telephone number, or fax number changes shall notify the clerk
immediately by filing a notice of change of address and serve a copy of
the notice on all other parties (see Local Rule 5.1(b)(3)). His/her address
must also be changed at pacer.gov.
II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
A. FILING
1. In General
a. All motions, pleadings, applications, briefs, memoranda of law,
transcripts of proceedings, administrative records, or other
documents shall be filed on the System electronically except as
otherwise provided by these administrative procedures, by local
rules, or by court order.
b. Emailing a document to the clerk’s office or to the assigned judge
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does not constitute filing the document. A document shall not be
considered filed until the System generates a notice of electronic
filing.
2. Civil Complaints and Notices of Removal
a. Cases filed by attorneys. The clerk’s office requires that all civil
cases in which the filing party is represented by counsel be filed
electronically through the System. Step-by-step instructions for
this process are available at ksd.uscourts.gov. The initiating
document, any necessary attachments, designation of place of trial,
and civil cover sheet are required at the time that the case is
opened. All filing fees must be paid during the filing of the
initiating document through the attorney’s PACER account using
pay.gov. If the filing party is unable to pay the filing fee, a Motion
to Proceed In Forma Pauperis (IFP) must be filed at the time of the
initiating document.
If the attorney is unable to file a complaint or notice of removal
electronically due to technical issues, the filing party should
contact the clerk’s office for instructions for filing the documents
via email or in person.
b. Cases filed by pro se parties. The clerk’s office will accept
complaints, notices of removal, and civil cover sheets sent by
email, United States mail, or delivered in person to the clerk’s
office by pro se parties. Though pro se individuals may be granted
permission to file documents electronically in their own cases,
permission does not extend to filing the originating complaint or
notice of removal. A pro se party who wishes to request electronic
filing access must do so on a case-by-case basis after the case has
been opened by the clerk’s office.
Clerk’s office email addresses are as follows:
[email protected]
[email protected]
[email protected]
i. If using email, the filing party must submit the complaint
and cover sheet in PDF format. See section II(C)(1) below
for information regarding the proper signature for pro se
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documents submitted by email. Upon receipt of the
submission, the clerk’s office will contact the filing party
for a credit card number to pay the filing fee. Alternatively,
a Motion to Proceed In Forma Pauperis (IFP) and the
accompanying affidavit may be submitted in PDF format
along with the complaint.
ii. The filing fee or Motion to Proceed IFP must accompany a
complaint sent through the United States mail or personally
delivered to the clerk’s office. The clerk’s office will scan
the complaint and accompanying documents, upload them
to the System, and then discard the paper documents.
iii. Unless otherwise permitted, only new complaints, notices
of removal, civil cover sheets, summons forms, proposed
orders submitted to the clerk’s office pursuant to paragraph
II(E)(5) of these procedures and certain documents in
sealed cases may be sent to these email addresses. If an
attorney or registered pro se party sends other documents to
these email addresses, the clerk’s office will call the sender
or respond to the sender with an email to explain that the
documents must be filed in the System electronically and
that the clerk will take no action with the emailed
documents.
c. New cases are deemed filed the day the clerk’s office receives the
complaint or notice of removal if the clerk’s office receives any
required filing fee or Motion to Proceed IFP.
d. A party may not electronically serve a complaint, but instead must
effect service according to Fed. R. Civ. P. 4.
e. Notices of removal must be accompanied by a file-stamped copy
of the most recent state court petition.
e. Copies of state court records and proceedings filed pursuant to
Local Rule 81.2 must be filed electronically and must include a
copy of the state court docket sheet.
3. Civil Case Assignment
a. Case numbers will be assigned in the order in which the initiating
documents are received in the clerk’s office.
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b. Civil cases will be randomly assigned to a district judge and a
magistrate judge (if appropriate) from any of the three divisional
offices, regardless of the designation of place of trial. The
following exceptions apply:
i. Social Security appeals, U.S. Bankruptcy Court appeals and
matters withdrawn from the U.S. Bankruptcy Court to the
U.S. District Court will be randomly assigned to a district
judge; a magistrate judge will only be assigned at the
request of the presiding district judge.
ii. Cases filed by pro se parties will be randomly assigned to a
district judge from any of the three divisions and a
magistrate judge from the division that is closest to the
listed address of the pro se party in order to make in-person
appearances most convenient for the pro se party.
iii. Prisoner cases will initially be assigned to the judge
designated by the court to screen prisoner matters. Once the
screening process has been completed, both a district and
magistrate judge (if appropriate) will be randomly assigned
to the matter.
iv. Matters related to grand or petit juries or jury service will
be assigned to the judge presiding over the jury at the time
the issue occurs.
v. In the event that the assigned judge is unavailable to handle
any matter in a case, any judge in the district may handle
any matter which they are legally authorized to handle at
any time, regardless of whether or not they are officially
assigned to the case.
4. Civil Summonses
a. The clerk’s office will accept summonses to be issued by email,
United States mail, or delivered in-person to the clerk’s office.
b. Email summonses may be sent to the email addresses listed in
paragraph II(A)(2)(b) above.
c. The party requesting the summons must complete the top portion
of the summons form and, if sending the summons by United
States mail, also submit a stamped, self-addressed return envelope.
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d. A party may not electronically serve a summons, but instead must
effect service according to the Fed. R. Civ. P. 4.
5. Charging Instruments from the United States Attorney
Charging instruments will be presented to the clerk’s office electronically,
either by email or encrypted flash drive. Any charging instruments
processed conventionally by a judge’s chambers will be scanned and
uploaded to the System by chambers or the clerk’s office. Charging
instruments include indictments, superseding indictments, criminal
complaints, and informations.
6. Criminal Case Assignment
a. Case numbers will be assigned in the order in which the charging
documents are received in the clerk’s office.
b. Felony criminal cases will be randomly assigned to a district judge
from the divisional office indicated on the document by the U.S.
Attorney’s Office. Kansas City and Topeka cases will be assigned
a magistrate judge to handle certain pretrial matters; in Wichita, no
magistrate judge is assigned. Pretrial duties in Wichita and Kansas
City will be handled by the magistrate judge on duty.
c. Misdemeanor and petty offense cases will be assigned to the
magistrate judge on duty when the charging document is received.
d. Search instruments that must be reviewed by chambers prior to
filing with the clerk’s office will be assigned a case number and
randomly assigned to a magistrate judge prior to submission to
chambers for review. The U.S. Attorney’s Office will contact the
clerk via email to request a case number immediately prior to
submitting the documents to chambers.
e. In the event that the assigned judge is unavailable to handle any
matter in a case, any judge in the district may handle any matter
which they are legally authorized to handle at any time, regardless
of whether or not they are officially assigned to the case.
7. Pleadings that Add or Delete Parties or Attorneys
a. If, after the initial complaint in a case is filed, a party files a
pleading that adds a new party to the case (e.g., an amended
complaint, a third-party complaint, etc.), the attorney or pro se
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party who files the pleading shall call the clerk’s office before
filing the pleading to have the new party added to the case in the
System.
b. The System is only capable of recognizing an entry of appearance
on behalf of the attorney whose login is used to file the entry of
appearance. Accordingly, if an attorney files an entry of
appearance on his or her own behalf as well as on behalf of other
attorney(s), then the attorney who files the entry of appearance
must call the clerk’s office after filing the entry of appearance in
order to have the other attorneys added to the case in the System.
c. A Withdrawal of Counsel and Entry of Appearance of Substituted
Counsel, see Local Rule 83.5.5(c), may only be filed by the
attorney entering his or her appearance, not by the withdrawing
attorney. Substitutions of counsel filed by the United States
Attorney’s Office and Federal Public Defender Office may be filed
in accordance with Local Rule 83.5(d).
d. The clerk’s office will add the Kansas Department of Corrections
as an interested party when appropriate for the limited purposes of
filing the Martinez Report in civil rights actions filed by state and
county prisoners. Upon the filing of that report, the Department of
Corrections may move for termination from the action.
e. The clerk’s office will add the Social Security Regional
Administrator as an interested party in Social Security appeal cases
for the purpose of electronically noticing that agency.
f. The clerk’s office will add the United States Bankruptcy Court as
an interested party in bankruptcy appeal cases for the purposes of
electronically noticing that agency.
8. Timeliness
A document will be deemed timely filed if filed prior to midnight.
However, if the time of day is of the essence, the assigned judge may
order that a document be filed by a time certain.
9. Leave of the court
If filing a document requires leave of the court (e.g., an amended
complaint, etc.), the attorney or pro se party shall attach both a redlined
version and a clean version of the proposed document to the motion as
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exhibits. If the court grants the motion, the order will direct the attorney
or pro se party to file the document with the court electronically. See
Local Rule 15.1.
10. Transcribers and court reporters
Transcribers and court reporters must either file certified transcripts of
proceedings electronically on the System or submit to the clerk’s office for
uploading to the System. In addition, contract court reporters must
promptly submit original notes to the clerk. A transcriber or court reporter
will not receive payment until the transcript has been filed.
B. SERVICE
1. Whenever a pleading or paper other than an ex parte document or
document in a sealed case is filed electronically in accordance with these
procedures, the System will generate a “Notice of Electronic Filing” to the
filing party, to any other party who is a registered user and has requested
electronic notice in that case, and to the assigned judge.
2. If the recipient is a registered participant in the System, the System-
generated notice of electronic filing shall constitute service of the
document by electronic means as provided in Fed. R. Civ. P. 5(b)(2)(E)
and Fed. R. Crim. P. 49(a)(3)(A).
3. A party who is not a registered participant of the System is entitled to a
paper copy of any electronically filed pleading, document, or order. The
filing party must therefore provide the non-registered party with the
pleading, document, or order according to the Federal Rules of Civil or
Criminal Procedure. When mailing paper copies of documents that have
been electronically filed, the filing party shall also include a copy of the
notice of electronic filing to provide the recipient with proof of the filing.
4. In criminal matters, the three-day rule of Fed. R. Crim. P. 45 for service
by mail shall also apply to service by electronic means.
5. System-generated briefing deadlines (e.g., those that appear when a
motion is electronically filed or when querying deadlines) are for court use
only and should not be relied upon as accurate briefing deadlines.
6. A filer who brings a document to the clerk’s office to scan and upload to
the System must serve conventional copies on all non-registered parties to
the case and should expect some delay in the uploading and electronic
noticing of the document. If time is an issue, filers should consider paper
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service or service by an alternate means on registered parties, such as
email or fax.
7. Access to sealed documents in criminal cases is limited to court users.
Therefore, when a party files a sealed document in either a sealed or
unsealed criminal case, the party is responsible for serving the document
outside of the System. The party must use an alternative method of
service, such as by conventional means or encrypting the document and
attaching it to an email. The court will serve sealed documents by
conventional methods or through encrypted email.
C. SIGNATURES
1. Non-Attorney Signature
a. If the original document requires the signature of a non-attorney,
other than a pro se party who has registered for electronic filing,
the filing party or the clerk’s office shall scan the original
document, and then file it on the System electronically. This rule
includes all notarized documents. The electronically filed
document as it is maintained on the court’s servers shall constitute
the official version of that record. The court will not maintain a
paper copy of the original document.
b. A pleading or other document requiring the signature of a pro se
party who has registered for electronic filing shall be signed in the
following manner: “s/ (filer name).” The correct format for the
signature of a pro se party who has registered for electronic filing
is as follows:
s/ Pro Se Party Name
Pro Se Party Name
123 South Street
Kansas City, KS 66101
Telephone: (913) 123-4567
Email:
[email protected]
c. A non-filing signatory or party who disputes the authenticity of an
electronically filed document with a non-attorney signature or the
authenticity of the signature on that document must file an
objection to the document within eleven days of service of the
document.
2. Attorney Signature
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a. A pleading or other document requiring an attorney’s signature
shall be signed in the following manner: “s/ (attorney name).” The
correct format for an attorney signature is as follows:
s/ Pat Attorney
Pat Attorney
Bar Number 12345
Attorney for (Plaintiff/Defendant) XYZ Company
ABC Law Firm
123 South Street
Kansas City, KS 66101
Telephone: (913) 123-4567
Fax: (913) 123-5678
Email:
[email protected]
In the event that a document does not contain the typed “s/ (name)”
of the filing party on the signature line, the System login and
password used to file the document will serve as the user’s
signature on all electronic documents filed with the court. Any
party challenging the authenticity of an electronically filed
document or the attorney’s signature on that document must file an
objection to the document within eleven days of service of the
document.
3. Multiple Attorney Signatures
The following procedure applies when a stipulation or other document
(e.g., a joint motion) requires two or more attorney signatures:
a. The filing attorney shall initially confirm that the content of the
document is acceptable to all attorneys required to sign the
document and shall obtain the signatures of all attorneys on the
document. For purposes of this rule, physical, facsimile, or
electronic signatures are permitted.
b. The filing attorney then shall file the document electronically,
indicating the signatories, (e.g., “s/ Jane Doe,” “s/ John Smith,”
etc.) for each attorney.
c. A non-filing signatory or party who disputes the authenticity of an
electronically filed document containing multiple signatures or the
authenticity of the signatures themselves must file an objection to
the document within eleven days of service of the document.
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D. FEES PAYABLE TO THE CLERK
Any fee required for filing a pleading or paper is payable to the Clerk of the Court
by credit/debit card, check, money order, or cash. The clerk’s office will
document the receipt of fees on the docket with a text-only entry. Payment may
also be made during the filing of certain events (Complaint, Notice of Removal,
Motion to Appear Pro Hac Vice, Notice of Appeal) through the attorney’s
PACER account using pay.gov from a checking or savings account or by credit
card. The court will not maintain electronic billing or debit accounts for lawyers
or law firms.
E. ORDERS
1. The assigned judge, chambers staff, or the clerk’s office shall
electronically file all signed orders.
2. Proposed orders shall be submitted as outlined below.
a. Electronically submitted proposed orders shall not be combined
with the motion into one document. Rather, the motion must be
filed first, then the proposed order must be submitted by email.
The proposed order must refer to the document number that the
System assigns to the motion when the motion is electronically
filed.
b. All proposed orders must be submitted in a format compatible with
Microsoft Word so that the court can have the flexibility to edit
proposed orders, when necessary. Judges will not accept proposed
orders in PDF format.
c. A proposed order should be attached to an email sent to the email
address of the assigned judge. The judges’ email addresses can be
found at: https://ksd.uscourts.gov/judges-info
d. Proposed orders corresponding to non-dispositive civil motions
(e.g., motions to compel, motions to modify scheduling orders,
etc.) should be submitted to the assigned magistrate judge.
Proposed orders corresponding to dispositive motions (e.g.,
motions to dismiss, motions for summary judgment, motions to
remand, etc.) and motions to extend briefing deadlines relating to
dispositive motions should be submitted to the assigned district
judge. If in doubt regarding whether to submit a proposed order to
the assigned magistrate judge or the assigned district judge, the
proposed order should not be submitted to both. Rather, the
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proposed order should be submitted to the magistrate judge and, if
appropriate, the magistrate judge will forward the proposed order
to the district judge. Proposed orders for sealed motions should be
sent via encrypted email.
3. When the clerk’s office mails copies of an electronically filed order to a
party who is not a registered participant of the System, the clerk’s office
will include a copy of the notice of electronic filing to provide the non-
participant with proof of the filing.
4. The assigned judge or the clerk’s office, if appropriate, may grant routine
orders by a text-only docket entry, for which the System will generate a
notice of electronic filing. In such cases, no PDF document will issue; the
text-only entry shall constitute the court’s only order on the matter.
5. Proposed orders submitted pursuant to Local Rule 77.2(a) should be
prepared in a format compatible with Microsoft Word and should be
attached to an email sent to the clerk’s office at one of the following email
addresses:
[email protected]
[email protected]
[email protected]
The clerk’s office will not accept proposed orders in PDF format.
F. TITLE OF DOCKET ENTRIES
The registered user who electronically files a document is responsible for
designating an appropriate docket entry title by using one of the docket event
categories prescribed by the court.
G. CORRECTING DOCKET ENTRIES
1. Once a document is filed electronically, corrections to the docket can only
be made by the clerk’s office. The System will not permit the filing party
to make changes to the document(s) or docket entry once the transaction
has been accepted.
2. If the filer discovers that a document was filed with a typographical error,
missing pages, incorrect version attached, etc, the filer should
immediately file a motion to amend/correct the document and attach a
copy of the corrected document to the entry in accordance Local Rule
15.1. If the parties agree, it may be acceptable to file an
amended/corrected version of the document without filing a motion. The
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amended/corrected document will be a separate entry on the docket and
will not be attached to the original entry. Any deadlines triggered by the
filing of the document containing the error would run from the filing of
the original document unless otherwise directed by the court.
3. If a document is filed incorrectly as the result of attaching a PDF file for a
different case, or as the result of selecting the wrong document type from
the menu, the filing party should not attempt to refile the document.
On these occasions, the filing party must contact the clerk’s office with the
case number and document number that needs to be corrected. The clerk’s
office will advise the filing party if the document needs to be refiled. If
appropriate, the court will make an entry indicating the document was
filed in error.
4. If a filing party discovers that he or she erroneously filed a document
containing certain personal data identifiers pursuant to section II(I) of
these Administrative Procedures, the filing party should contact the clerk’s
office and provide a redacted document by email. The clerk’s office will
restrict access to the original document and will attach the redacted
document to the same docket entry. This correction procedure applies
only to documents containing the personal data identifiers specified in
section II(I). Requests to redact or restrict previously filed documents
containing other sensitive information require a motion.
H. TECHNICAL FAILURES
The clerk’s office shall deem the District of Kansas filing System to be subject to
a technical failure on a given day if the site is unable to accept filings
continuously or intermittently. Known or planned systems outages will be posted
on the web site, if possible.
1. In the event of a technical failure of the System, documents may be
submitted to the clerk’s office via email to the appropriate clerk’s office
account, as follows:
[email protected]
[email protected]
[email protected]
2. A filing party whose filing is made untimely as the result of a technical
failure of the System may seek appropriate relief from the court.
3. Problems on the filer’s end, such as connection problems, problems with
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the filer’s Internet Service Provider (ISP), or hardware/software problems,
will not constitute a technical failure under these procedures nor excuse an
untimely filing. A filer who cannot file a document electronically because
of a problem in the filer’s end may seek relief from the court.
I. PRIVACY
1. Civil Cases
In accordance with Fed. R. Civ. P. 5.2 and to address the privacy concerns
created by Internet access to court documents, except as set forth in Fed.
R. Civ. P. 5.2(b), litigants shall modify or partially redact the following
personal data identifiers appearing in documents filed with the court:
a. Social Security numbers: Use only the last four numbers; and
b. Minors’ names: Use the minors’ initials; and
c. Dates of birth: Use only the year; and
d. Financial account numbers: Identify the name or type of account
and the financial institution where maintained but use only the last
four numbers of the account number.
2. Criminal Cases
In accordance with Fed. R. Crim. P. 49.1, to address the privacy concerns
created by Internet access to court documents, except as set forth in Fed.
R. Crim. P. 49.1(b), litigants shall modify or partially redact the following
personal data identifiers appearing in documents filed with the court:
a. Social Security numbers: Use only the last four numbers; and
b. Minors’ names: Use the minors’ initials; and
c. Dates of birth: Use only the year; and
d. Financial account numbers: Identify the name or type of account
and the financial institution where maintained, but use only the last
four numbers of the account number; and
e. Home addresses: Use city and state.
In addition, parties may modify or partially redact other confidential
information when permitted by the court (e.g., driver’s license numbers,
medical records, employment history, individual financial information,
and proprietary or trade secret information.). Consistent with the E-
Government Act of 2002, Pub. L. 107-347 (December 17, 2002), a party
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that files a document with such personal data identifiers or other
confidential information redacted may file an unredacted version of the
document under seal or file a reference list under seal. The reference list
shall contain the complete personal data identifier(s) and the redacted
identifier(s) used in its (their) place in the filing. All references in the case
to the redacted identifiers included in the reference list will be construed to
refer to the corresponding complete personal data identifiers. The
reference list must be filed under seal and may be amended as necessary.
The unredacted version of the document or the reference list shall be
retained by the court as part of the record. The court may, however, still
require the party to file a redacted copy of the document for the public file.
J. DOCUMENTS TO BE FILED UNDER SEAL
1. CIVIL CASES
a. Provisional Sealed Filings. A party may provisionally file a
document that it reasonably believes may contain confidential
information under seal. The document should be filed using the
appropriate event bearing the PROVISIONALLY SEALED label.
Documents filed using a provisionally sealed event will be
restricted from public access on the docket but will be available to
court users and all counsel of record in the case who have not been
terminated. Counsel admitted pro hac vice are not granted sealed
access; local counsel must provide copies of sealed document to
pro hac vice counsel. Pro se filers will not have electronic access to
sealed documents due to limitations of the System and must be
served outside of the System.
b. Notice of Proposed Sealed Record. Immediately after making a
provisional under-seal filing, counsel must file a Notice of
Proposed Sealed Record. A sample Notice of Proposed Sealed
Record is included in these procedures as Appendix A.
c. Motion to Seal or Redact. Motions to seal or redact the
provisionally sealed document must be filed within 7 days of the
document that was provisionally filed under seal using the event
Motion to Seal or Redact. The motion will be filed on the public
docket and not under seal. If the filer is requesting that a redacted
version of the provisionally sealed document be filed, the redacted
document should NOT be attached to the Motion to Seal or Redact
since the motion will not be restricted from public access. The
proposed redacted document should be emailed to chambers with
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the proposed redactions highlighted in yellow, per Local Rule
5.4.2(c) .
d. Order on Motion to Seal or Redact. Any order on a Motion to
Seal or Redact will direct the party that provisionally filed the
document under seal to make the appropriate filing in the public
record. If a motion to seal or redact is denied and the document
should be unsealed, chambers will direct the clerk’s office to
unseal the document using the same method as described in section
(e) below.
e. Disposition of Documents Filed Provisionally Under Seal. If no
Motion to Seal or Redact is filed, the party who filed the
provisionally sealed document will notify chambers that the
document should be unsealed. The court will enter an order or
otherwise direct the clerk to unseal the document using the event
Notice of Removal of Provisional Seal, which will notify all
parties in the case that the document is now publicly available. The
docket text of the original entry will be modified to show that the
document is no longer sealed.
f. Attorney Withdrawals/Terminations. Once access to sealed
documents has been granted to an attorney in a case, it will be the
responsibility of that attorney to notify the clerk’s office if he or
she is terminated from the case and the parties wish that terminated
attorneys no longer have access to sealed documents in that case.
2. CRIMINAL CASES
a. Sealed indictments in existing unsealed cases. When a sealed
indictment is returned in a matter where an unsealed complaint
case exists, the unsealed complaint case will be merged with the
indictment case and the indictment case will be sealed; the
unsealed complaint case will remain public. If the indictment
names a single defendant, the case will be unsealed upon the arrest
of that defendant; if the indictment names multiple defendants, the
indictment case will be unsealed upon the arrest of the first
defendant. The clerk’s office will consider the following events to
be sufficient notification of an arrest to unseal an indictment case:
a request from the U.S. Attorney’s Office; the return of an
executed arrest warrant; an email from the U.S. Marshal’s Service
notifying the clerk’s office of an arrest; notification from the
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magistrate chambers that a defendant has been arrested.
If the indictment case should remain sealed after the arrest of the
initial defendant, the U.S. Attorney’s Office must file a motion to
keep the indictment under seal as to the remaining fugitive
defendants until further order of the court. A motion to keep the
case sealed may be filed along with the indictment but must be
filed prior to the arrest of the initial defendant, as the case will be
automatically unsealed if no such motion/order is on file when the
clerk’s office processes the initial arrest in the case. As each
defendant is arrested, the U.S. Attorney’s Office must provide the
clerk’s office with a copy of the indictment which reveals each
unsealed defendant’s name and redacts the names and charges of
those defendant who remain under seal. A copy of the redacted
indictment will be served on every unsealed defendant.
b. Sealed superseding indictments in unsealed cases. Superseding
indictments are presumed to be filed publicly. If the U.S.
Attorney’s Office wants a superseding indictment to be filed under
seal, the superseding indictment should be included on the sealed
true bill and the indictment should be marked as “SEALED” or
“FILED UNDER SEAL.” A redacted version of the document as it
relates to the existing, unsealed defendant(s) must be provided for
the public docket.
If the superseding indictment adds a single defendant, the
indictment will be unsealed upon the arrest of that defendant; if the
superseding indictment names multiple new defendants, the
indictment will be unsealed upon the arrest of the first new
defendant. The clerk’s office will consider the following events to
be sufficient notification of an arrest to unseal an indictment case:
a request from the U.S. Attorney’s Office; the return of an
executed arrest warrant; an email from the U.S. Marshal’s Service
notifying the clerk’s office of an arrest; notification from the
magistrate chambers that a defendant has been arrested.
If the superseding indictment should remain sealed after the arrest
of the initial new defendant, the U.S. Attorney’s Office must file a
motion to keep the indictment under seal as to the remaining
fugitive defendants until further order of the court; such motion
should indicate whether the charges as to the existing defendants
should also remain under seal. A motion to keep the case sealed
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may be filed along with the superseding indictment but must be
filed prior to the arrest of the first newly added defendant, as the
case will be automatically unsealed if no such motion/order is on
file when the clerk’s office processes the initial arrest in the case.
As each defendant is arrested, the U.S. Attorney’s Office must
provide the clerk’s office with a copy of the indictment which
reveals each unsealed defendant’s name and redacts the names and
charges of those defendant who remain under seal. A copy of the
redacted indictment(s) will be served on every unsealed defendant
and filed on the public docket.
c. Other sealed documents. A party filing a motion for leave to file
document(s) under seal shall file that motion electronically, under seal, in
the System. The motion for leave to file under seal shall attach as sealed
exhibits the document(s) the party wishes to be filed under seal. At the
same time, the motion and attachment(s) must be served outside of the
System on other parties. The party shall submit, via email to
ksd_<Judge’sLastName>
[email protected], a proposed order.
If a document to be filed under seal is only one part of a larger document
or series of documents, the party must file all portions the party does not
seek to have sealed in accordance with any deadlines, indicating where
any portion to be sealed should be inserted upon an order granting leave to
file under seal. The motion for leave to file under seal must also be filed
in accordance with any deadlines, with the proposed sealed documents
attached.
If the motion for leave to file under seal is granted, the assigned judge will
enter the order authorizing the filing of the document(s) under seal. The
filing party shall then file its document(s) electronically under seal and
serve the document on the other parties outside of the System.
If the motion for leave to file under seal is denied, the assigned judge will
enter an order denying the filing of the document(s) under seal.
K. DOCUMENTS TO BE FILED IN SEALED CASES
1. SEALED CIVIL CASES
Attorneys of record who are not terminated in a sealed civil case will be
given electronic access to the case.
a. Upon the filing of the complaint, the attorney(s) for the plaintiff(s)
will be given access to the sealed case.
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b. Defense counsel or an attorney for plaintiff entering the case after
the initial pleading must provide an entry of appearance to the
clerk’s office by encrypted email. Once the entry is filed by
clerk’s office staff, sealed access will be provided. All subsequent
documents shall be filed electronically.
c. Due to security concerns with email, no Notice of Electronic Filing
will be generated by the System in sealed cases. Attorneys must
notify chambers by email or telephone of any documents filed in
the case. Documents must be served on other counsel in the case
outside of the System.
d. The court will serve orders and other court documents outside of
the System, via encrypted email.
e. Pro se filers do not have access to sealed cases in the System.
2. SEALED CRIMINAL CASES
In criminal cases, access to sealed documents and cases is limited to court
users. When a party files a sealed document, the party is responsible for
serving the document outside of the System. The party must use an
alternative method of service, such as by conventional means or by
encrypting the document and attaching it to an email. The court will also
serve sealed documents by conventional methods or through encrypted
email.
A party who wishes to file a document in a sealed case must submit the
document to the clerk’s office in electronic format by encrypted email. If
required, the party shall provide the document to all other parties in the
case.
L. PRISONER E-FILING
Documents submitted by prisoners incarcerated by the Kansas Department of
Corrections must be electronically submitted to the court as follows:
1. Prisoner litigants will scan pleadings in civil actions on a digital sender or
similar equipment.
2. Once the document has been scanned, the prisoner will email the pleading
to the court at:
[email protected].
3. The court will e-file these pleadings upon receipt by email.
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4. Upon filing, the court will create a Notice of Electronic Filing (NEF),
which will confirm the date the pleading was e-filed by the court and
contain an electronic link to the document.
5. A party may not electronically serve a complaint, but instead must effect
service according to Federal Rules of Civil Procedure.
6. Once defendants or respondents have accepted such service, however, the
NEF for a subsequent prisoner pleading shall constitute service of the
document by first class mail, postage prepaid. The NEF will be
transmitted to an email address established by the court upon the
designation of the facility and will be distributed through institutional
channels to the inmate.
7. Documents filed by defendants or respondents will continue to be mailed
by those parties, and orders entered by the court will be transmitted by
mail.
8. The electronic transmission of correspondence and court filings is free to
prisoners; however, statutory filing fees apply to these actions and are not
affected by e-filing.
9. Prisoner participants in the e-filing pilot project remain subject to the
provisions of Local Rule 9.1. Initial court filings, such as petitions and
complaints, submitted by these participants must be transmitted on official
forms, and all court filings must contain the prisoner’s conviction name
and KDOC identification number, the name of the opposing party, the
case number, if one has been assigned, and signature. The failure to
provide this information may result in delay in processing of the
incomplete submission. Complete copies of the rules of the court are
available for review in the law library.
10. Questions regarding filing by prisoners who are in segregated housing
should be directed to the facility librarian.
11. A prisoner who is transferred to any facility not designated for inclusion
by the Department will resume the submission of pleadings by mail.
M. CJA FEE MATTERS
All fee matter documents should be forwarded directly to the CJA Coordinator in
the Federal Public Defender’s Office. These documents are not filed in the
System.
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III. FILING OF DOCUMENTS OTHER THAN THROUGH THE
SYSTEM
The following procedures govern documents filed conventionally or other than through
the System. The court, on motion, may also authorize conventional filing of other
documents otherwise subject to these procedures.
A. PRO SE FILERS IN CRIMINAL CASES AND UNREGISTERED
PRO SE FILERS IN CIVIL CASES
Pro se filers shall file paper originals of all pleadings, motions, affidavits, briefs,
and other documents that must be signed or that require either verification or an
unsworn declaration under any rule or statute. The clerk’s office will scan these
original documents into an electronic file in the System. The court will not
maintain the paper copy of the document.
A pro se party in a civil case who elects to not become a registered user of the
System must file according to one of the options set forth below:
1. Filing Options.
a. Conventionally. Original documents may be submitted by mail or
in person to the clerk’s office. The clerk’s office will file stamp the
documents on the date they were received, scan the original
documents into an electronic format and file them in the System.
b. Email. Documents bearing an original signature may be scanned
and submitted as an attachment to an email sent to the clerk’s
office (see email addresses below). Documents submitted by email
must be in PDF format and must comply with administrative
procedures with respect to exhibits. No other formats will be
accepted. The clerk’s office will file emailed documents in the
System. The date filed will be the date the documents were
received by the clerk’s office via email.
As an alternative to submitting scanned documents, the pro se
party can sign the document with his or her s/ signature (e.g. s/
John Smith). If this method is used, the pro se party must submit
within five business days the original version of the document
bearing his/her original signature to the clerk’s office along with a
copy of the email. The clerk’s office will attach a scanned copy of
the version bearing the original signature to the docket entry for
verification purposes.
[email protected]
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[email protected]
[email protected]
2. Service. Pro se parties are responsible for service of all documents under
all methods of filing outlined above.
3. Confirmation of Receipt. The clerk’s office will not confirm receipt of
documents filed by email. Pro se parties shall use tools within their email
program to confirm receipt and/or shall verify the filing of such
documents using a PACER account.
B. DOCUMENTS CONTAINING CERTAIN ORIGINAL SIGNATURES
Documents in criminal cases containing the signature(s) of a defendant, a surety,
and/or a third-party custodian shall be filed conventionally. The clerk’s office
will scan these original documents into an electronic file in the System.
C. REIMBURSEMENT FOR COURT-APPOINTED COUNSEL IN
CIVIL MATTERS
Documents relating to reimbursement for court-appointed counsel in civil matters
pursuant to Local Rule 83.5.3(f) may be submitted conventionally or filed under
seal. This includes any document such as authority to pay court appointed
counsel, authorization and voucher for expert and other services, authorization
and voucher for payment of transcript, and requests for excess fees. In order to
address privacy/strategy issues, all documents submitted pursuant to Local Rule
83.5.3(f), if submitted conventionally shall be maintained in the System under
seal.
IV. ATTACHMENTS
A. IN GENERAL
1. A filing party should scan a paper attachment to a pleading and submit the
exhibit as a PDF file. Filing parties may submit PDF files containing
scanned documents of more than 75 megabytes only if they are filed in
separate 75-megabyte segments. Optical Character Recognition (OCR)
must be performed on all scanned documents to make them text
searchable.
2. Filing users are required to verify that scanned documents are legible
before the documents are filed electronically with the court.
3. The filing party must separately label any exhibits and file an index of
such exhibits.
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B. VOLUMINOUS EXHIBITS
If the exhibit(s) attached to any document exceed a total of 75 megabytes, then
the document and exhibits must be filed according to the following procedure.
1. The filing user must prepare an exhibit index and file the index as an
attachment to the main document.
2. Each separate exhibit must be filed as a separate attachment to the main
document. Titles and descriptions should accurately reflect the contents of
the document.
3. If any exhibit exceeds 75 megabytes, then that exhibit must be broken
down into separate components of 75 megabytes or less, and each
component must be filed as a separate attachment.
4. Following is a sample exhibit index, for which each exhibit must be filed
as a separate attachment to the main document. The exhibit index should
be the last attachment in the filing.
Exhibit Description
A Affidavit of John Smith
B Excerpts from Jane Doe’s Deposition
C-1 Contract Between XYZ Company and ABC Company (Part
1, Pages 1-15)
C-2 Contract Between XYZ Company & ABC Company (Part
2, Pages 16-24)
D XYZ Company General Ledgers
C. CONVENTIONAL FILING OF EXHIBITS
A party may seek a court order allowing the party to conventionally file exhibits
that are not available in electronic form or that are too lengthy to scan. If the court
grants a party leave to file exhibits conventionally, then the exhibits must be filed
according to the following procedure.
1. The filing user must prepare an exhibit index. This exhibit index must be
filed as the last attachment to the main document and must state that the
exhibits are being filed conventionally with the court’s permission.
2