(a) Service by Fax: The Court authorizes the service of court orders and notices
by fax when the parties have expressly consented to the service in writing.
(b) Electronic Service through CM/ECF: CM/ECF sends a Notice of Electronic
Filing (NEF) to all parties participating in electronic filing in that particular case.
Documents are deemed filed at the time and date stated on the NEF. The emailing of
the NEF is equivalent to service of the document under the pertinent Federal Rules of
Civil and Criminal Procedure.
(c) Service of Summonses: Summonses are precluded from electronic service
because they must bear an original signature. The plaintiff must prepare the
summonses in paper form and provide them to the Clerk’s Office. A deputy clerk from
the Clerk’s Office will sign and seal the completed forms and return them by regular mail
to counsel for the plaintiff. It is the responsibility of the parties—not the Clerk’s
Office—to properly serve a summons. Parties may serve all other case documents
electronically.
(d) Summonses Forms: Forms for summonses are available at
www.wvnd.uscourts.gov.
(e) Certificate of Service: A certificate of service is required for all filings,
including all documents filed electronically. The certificate must be attached to every
filing and must specify who was served and the manner in which service or notice was
accomplished on each party. A sample certificate of service is available at
www.wvnd.uscourts.gov.
(f) Service Upon Non-CM/ECF Filers: Parties not using CM/ECF are entitled to
paper copies of all electronically-filed documents. The filing party must therefore
provide the non-CM/ECF filer with the document according to the Federal Rules of Civil
Procedure.
(g) Time to Respond Under Electronic Service: Pursuant to Fed. R. Civ. P. 6(d)
and Fed. R. Crim. P. 45(c), dissimilar to service by mail, service via electronic means
does not provide an additional three (3) days to the prescribed period to respond.
(h) Service of Sealed Filing: Counsel must serve all sealed filings in CM/ECF
by other traditional means (e.g. mail, hand delivery, fax).
