(a) Definition. A technical failure is deemed to have occurred when the court’s ECF
system cannot accept filings continuously or intermittently over the course of any period
of time greater than one hour after 12:00 pm (noon) on a given day, excepting such
periods resulting from scheduled court maintenance for which public notice was
provided.
(b) Filing Options. A Filing User experiencing a technical failure may
conventionally file the document if accompanied by a declaration attesting to the Filing
User’s attempts to timely file the document using ECF.
(c) Service Options. A Filing User experiencing a technical failure may serve the
document in any alternative manner permitted by the Federal Rules of Civil/Criminal
Procedure.
(d) Clerk Notification. A Filing User shall immediately report a technical failure to
the clerk’s office help desk.
(e) Extension of Filing Deadline for Technical Failure. If a Filing User misses a
filing deadline due to an inability to file electronically as a result of a technical failure,
such a failure shall constitute a condition rendering the office of the clerk of court
inaccessible within the meaning of Fed. R. Civ. P. 6 and Fed. R. Crim. P. 45. In such
circumstances, the Filing User may electronically or conventionally file the document,
accompanied by a declaration stating the reasons for missing the deadline, no later than
12:00 noon of the first day on which the court is open for business following the original
filing deadline. Jurisdictional deadlines, however, cannot be extended by the court for
any reason and counsel is responsible to ensure that a document is timely filed to comply
with a jurisdictional deadline.
(f) Filing User Systems Failure. A problem with the Filing User’s systems or
equipment shall not constitute a technical failure nor excuse an untimely filing. In such
circumstances, however, a Filing User may file the document conventionally with a
declaration explaining how the systems failure precluded filing in ECF.
(§ (a) amended 10/1/05; § (e) amended 12/1/13)
