Fed. R. Civ. P. 5 regarding when service via electronic means is accomplished. The
revised rule makes clear that ECF filing is required unless the filing has been exempted
from ECF filing by court order or by Fed. R. Civ. P. 5. The revised rule also specifies that
Highly Sensitive Documents, as that term is defined in each district, must be filed in
hard copy rather than on ECF. And finally, the title of the rule has been updated to
more accurately reflect its scope.
2026 COMMITTEE NOTE
Fed. R. Civ. P. 5(d)(3)(C) provides that “[a] filing made through a person’s electronic-
filing account and authorized by that person, together with that person’s name on a
signature block, constitutes the person’s signature.” Some pro se litigants, however, are
not authorized to file through the ECF system; instead, “filing by pro se litigants is left
for governing by local rules or court order.” Fed. R. Civ. P. 5, 2018 advisory committee
note; see also Fed. R. Civ. P. 5(d)(3)(B). Both the Eastern and Southern Districts and
SDNY accept via means other than the ECF system certain electronic submissions from
pro se litigants. Local Rule 5.2 has been amended to reflect this practice and to provide
how such documents may be signed. Because the requirements for accepting electronic
submissions may differ over time and between Districts, the amended Rule directs pro
se litigants to the specific instructions on each court’s website.
