(a) The clerk=s office will not accept any facsimile transmission for filing unless
ordered by the court.
(b) Pursuant to FR Cr P 49(d), the clerk=s office will accept pleadings or documents
filed, signed or verified by electronic means that are consistent with the technical
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standards, if any, established by the Judicial Conference of the United States. A
pleading or document filed by electronic means in compliance with this Rule
constitutes a written paper for the purpose of applying these Rules and the Federal
Rules of Criminal Procedure. All electronic filings shall be governed by the court=s
Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers
by Electronic Means for Criminal Cases, the provisions of which are incorporated
by reference, and which may be amended from time to time by the court.
(c) Documents filed by an attorney must include the attorney’s registration number.
Attorneys who are licensed in West Virginia must provide their West Virginia
license number as their attorney-registration number. Visiting Attorneys licensed
in a state other than West Virginia must provide the state of licensure and the license
number as their attorney-registration number.
(d) Service of Documents through the Court’s Electronic Transmission Facilities: A
party may serve a paper under FR Cr P 49(b) by using the court’s electronic
transmission facilities in accordance with the court’s Administrative Procedures for
Electronic Case Filing. If a document is served electronically, the notice of
electronic filing generated by the court’s electronic transmission facilities
constitutes a certificate of service with respect to those persons to whom electronic
notice of the filing is sent, and no separate certificate of service need be filed with
respect to those persons.
Because the electronic notification also identifies parties and/or attorneys that are
NOT registered users of the system, the filer is responsible for serving copies of
pleadings on unregistered users by other means. A certificate of service must be
electronically filed with the Court when a document is served by other than
electronic means.
