(a) Electronic Filing.
(1) Documents submitted for filing.
Unless otherwise permitted by the Electronic Case Filing
Administrative Policies and Procedures Manual (Policy Manual), or
otherwise authorized by the assigned judge, all documents
submitted for filing shall be filed electronically in searchable text
format using the Case Management/Electronic Case Filing
system(CM/ECF) and in accordance with the Policy Manual. A
system generated Notice of Electronic Filing (NEF) shall be the
official confirmation of electronic filing. Any document
electronically filed or converted by the clerk’s office to electronic
format shall be the official record of the court. As such, the clerk’s
office will not maintain a paper record of these documents. The
clerk’s office will not accept any e-mail or facsimile transmission
for filing unless ordered by the court.
(2) Court-Generated Documents
All orders, decrees, judgments, and records of criminal proceedings
will be filed in accordance with the Policy Manual, which shall
constitute entry of that document on the criminal docket kept by the
clerk in accordance with Fed. R. Crim. P. 55 and as contemplated
by Fed. R. App. 4(b). All signed orders will be filed electronically
by the court or court personnel. Any order or other court-issued
document filed electronically without the original signature of a
judge or clerk has the same force and effect as if the judge or clerk
had signed a paper copy of the order or other court-issued document
and it had been entered on the docket in a conventional manner.
Orders may be ‘text only’ entries on the docket, without an attached
document. Such orders are official and binding.
(b) Registered User.
Only an attorney who is registered in CM/ECF may file documents
electronically.
(c) Authorized User of CM/ECF Password.
No attorney shall knowingly permit or cause to permit the attorney’s
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CM/ECF password to be used by anyone other than an authorized employee
of the attorney’s law firm. No person shall knowingly use or cause another
person to use the password of a registered attorney unless such person is an
authorized employee of the attorney’s law firm.
(d) Entry on Docket.
The electronic filing of a document in accordance with the Policy Manual
shall constitute entry of that document on the docket kept by the clerk under
Fed. R. Crim. P. 55 Except in the case of documents first filed in paper, a
document filed electronically is deemed filed at the date and time stated on
the NEF that is automatically generated by CM/ECF.
(e) Service of Document.
(1) Documents Submitted for Filing
Except as provided in Section VI.F of the Policy Manual and
subsection (f) below of this rule, when a document is filed in
CM/ECF, it is served electronically on registered users in
compliance with Fed. R. Crim. P. 49(a)(3)(A), and the time to
respond shall be calculated from the date of the NEF, regardless of
whether other means of service are used.. Non-registered persons
must be served with a copy of any document filed electronically in
accordance with the Federal Rules of Criminal Procedure. Service
on any attorney currently appearing on behalf of a person shall be
service on that person.
(2) Court-Generated Documents.
When more than one attorney appears on behalf of a person in a
case, and not all of the attorneys for that person are registered filing
users, service of any court-generated document (e.g., orders,
notices) will only be made on the attorneys registered in CM/ECF.
It is the responsibility of the non-registered attorneys to make
arrangements with the attorney users for that person to remain
apprised of the court-generated filings in that case. Non-registered
attorneys will not receive paper copies from the court.
(f) Exceptions to Electronic Filing.
(1) Documents Excluded From Electronic Filing.
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Unless otherwise ordered by the court, documents filed by an
unrepresented person and those documents listed in Section V.A of
the Policy Manual, shall be filed in paper form and are excluded
from electronic filing. Any document filed in paper form that is not
exempt pursuant to this section must be accompanied by a motion
for leave to file the document and a proposed order. When filed in
paper form, the document must have an original signature of the
attorney or each unrepresented person A document filed in paper
form shall be deemed filed on the date that it is received by the clerk
except that for incarcerated unrepresented persons a document filed
in paper form is deemed filed on the date that it is deposited in the
institution’s mailing system.
(2) Service of Documents Filed by an Unrepresented Person.
Unless the document is listed in Section V.A. of the Policy Manual,
the clerk shall scan and electronically file a document submitted for
filing by an unrepresented person. Except as provided for in
Section VI.F of the Policy Manual, the electronic filing of the
document by the clerk constitutes service on registered users in
compliance with Fed. R. Crim. P. 49(a)(3)(A), and the deadline to
respond to the document shall be calculated from the date of the
NEF, regardless of whether other means of service are used. An
unrepresented person must separately serve any non-registered
person as provided in Fed. R. Crim. P. 49(a)(3)(B) or (a)(4).
(3) Service of Other Documents Excluded From Electronic Filing.
Any document filed in paper form pursuant to Section V.A of the
Policy Manual or with leave of court must be served on opposing
parties as provided in Fed. R. Crim. P. 49(a). Service on any
attorney currently appearing on behalf of a person shall be service
on that person.
(g) Privacy Protection for Filings Made with the Court
The responsibility for redacting personal identifiers rests solely with the
filer. The clerk will not review each filed document and any attachments
for compliance with Fed. R. Crim. P. 49.1.
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