(a) Electronic Filings.
Absent a contrary local rule or assigned judge's order, all documents must
be filed electronically on the System as .pdf files. To make these .pdf files
text-searchable, filers should convert word processed documents to .pdf
format and then upload them to the System; filers should avoid printing the
documents on paper and then scanning them to produce .pdf files for
uploading. The following provisions apply to all electronically filed
documents.
(1) Legibility.
The filing party is responsible for the legibility of any scanned
document uploaded to the System. If a document cannot be easily
read after scanning, the filing party must file it nonelectronically with
the clerk.
(2) Evidence, Exhibits, and Attachments.
(A) Listing or Index.
Court filings which include hyperlinks to attached evidence,
exhibits, and documents must include a listing of each item of
evidence being filed. In all other cases, evidence, exhibits,
and attachments in support of a motion must be identified on
an electronically filed index of evidence, which must identify
the related motion.
(B) Excerpts Required.
A filer must submit as exhibits or attachments only excerpts
of the referenced documents that are directly relevant to the
matter under consideration. Excerpted material must be
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clearly and prominently identified. Persons who file excerpts
of documents as exhibits or attachments under this rule do so
without prejudice to their right to timely file additional excerpts
or the complete document. Responding parties may timely file
additional relevant excerpts or, if relevant, the complete
document. The court may require parties to file additional
excerpts or the complete document.
(C) Paper Documents.
If the court grants a party leave to submit evidentiary materials
in paper, the party must also file a paper index of evidence
listing each item of evidence being filed and identifying the
motion to which it relates. The party must serve copies of
nonelectronically filed supporting materials on other parties as
if not subject to electronic filing procedures.
(D) Additional Information.
Additional information on filing evidence or exhibits is
available on the court's website at
https://www.ned.uscourts.gov/attorney/electronic-case-filing.
(3) Content.
A document must plainly show the case caption, a description or
designation of its contents, and the party or person/entity on whose
behalf it is filed. All documents after the pleading initiating a
proceeding must also show the correct docket number. A demand
for jury trial, designation of a class action, claim of unconstitutionality
of a statute, or request for a 3-judge court must be noted in the
pleading caption.
(4) Hyperlinks.
Electronically filed documents allow only two types of hyperlinks: to
other parts of the same document; and to an Internet location that
contains a source document for a citation. A hyperlink to evidence
attached to a court filing becomes a permissible hyperlink to an
Internet location upon filing in CM/ECF. These hyperlinks are
provided only for users' convenience. Users are cautioned that
hyperlinked documents in CM/ECF are subject to PACER fees.
(A) Cited Authority.
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Hyperlinks to cited authority may not replace standard citation
format. The text of the filed document must include complete
citations. Neither a hyperlink, nor any site to which it refers,
may be considered part of the record.
(B) Responsibility for Hyperlinks.
The court accepts no responsibility for and does not endorse,
approve, or guarantee any third parties or the services or
products they provide on their websites. Likewise, the court
has no agreements with any of these third parties or their
websites. The court accepts no responsibility for any
hyperlink's availability or functionality. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site
does not affect the court's opinion.
(b) Nonelectronic Filings.
If a document must be filed nonelectronically, the following provisions apply.
(1) Paper Size; Margins.
The paper used must be 82" x 11", white, and of standard weight. A
2-inch margin must appear at the top of the first page for the clerk's
filing stamp.
(2) Presentation.
All documents must be single-sided and legibly typewritten,
photocopied, printed, or handwritten if necessary, and without
materially defacing erasures or interlineations. Attached exhibits
must be similarly typewritten, printed, photocopied, or handwritten if
necessary, in clear, legible, and permanent form.
(3) Additional Materials.
Any materials filed in connection with a motion must be accompanied
by an index listing each item attached. If not pre-bound, such as a
transcript or book, all attachments to the index printed on 82" x 11"
paper must be bound together by fasteners. All materials not
amenable to binding must be submitted in an envelope or other
closeable container.
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(4) Content.
A document filed nonelectronically must include the same
information as an electronically filed document. See NECivR
10.1(a)(3).
(5) Physical Media Required.
Electronic documents filed nonelectronically, such as audio or video
files, must be provided to the Clerk of the Court and parties entitled
to service in the case by a commonly used physical media format,
such as an optical disc or flash drive. Providing a document only by
linking to a cloud storage service such as Dropbox or OneDrive is
not sufficient.