(a) Definitions and Scope.

(1) Definitions.

(A) Document. “Document” means any paper submitted to the court in a case.

(B) PDF. “PDF” means the electronic version, in Portable Document Format, of a document submitted to the court.

(C) Initiating Document. “Initiating document” means any document, including a petition for review of an agency decision; petition for a writ of mandamus, prohibition or other extraordinary writ; successive habeas petition; or motion for leave to file an appeal; filed directly in this court to initiate a proceeding seeking consideration by this court.

(D) Filing User. “Filing User” means anyone who registers to file electronically under (b).

(E) Sealed Document. “Sealed document” means all or any portion of a document placed under seal by order of a district court or an agency or by order of this court upon the filing of a motion.

(2) Scope. This rule applies to all appeals filed on or after January 1, 2010 (i.e., appeals with a docket number beginning with “10-” or higher).

(b) Registration.

(1) Admitted Attorneys. An attorney admitted to practice in this court must register as a Filing User with PACER, the service that provides on-line access to United States appellate, district, and bankruptcy court records and documents nationwide.

(2) Non-admitted Attorneys. An attorney not admitted to practice in this court but who files a petition for review of an agency decision under LR 15.1, a petition for writ of mandamus or prohibition or other extraordinary writ under LR 21.1, or an attorney admission application under LR 46.1 must register as a Filing User with PACER.

(3) Pro se parties. A pro se party who wishes to file electronically must seek permission from the court by filing the court’s CM/ECF Pro Se Filing User Request Form available on the court’s website. A pro se party must register as a Filing User with PACER as soon as practicable after receiving permission.

(c) Electronic Filing Requirements.

(1) Documents Other than Initiating Documents. A Filing User must file every document, other than an initiating document, electronically in PDF in accordance with the CM/ECF instructions posted on the court’s website.

(2) Initiating Documents. Unless filing under LR 15.1 or LR 21.1, an attorney who is not exempt under (j) must file an initiating document by emailing it to newcases@ca2.uscourts.gov.

(d) Timing of Electronic Filing.

(1) Documents Filed in CM/ECF. A document filed electronically in CM/ECF is considered filed as of the date and time indicated on the notice of docket activity (“NDA”) that the court automatically generates following the filing transmission.

(2) Initiating Documents. An initiating document filed electronically under (c)(2) is considered filed as of the date and time indicated on the email submission.

(3) Technical Failure. Upon motion, the clerk may accept as timely filed a document untimely filed as the result of a technical failure.

(e) Format. A PDF must be text-searchable. A PDF need not include a manual signature.

(f) Signature. A Filing User’s personal log-in and password constitute the Filing User’s signature for any purpose for which a signature is required.

(g) Submission of Paper Copies. Unless the clerk requests or the relevant LR requires, and notwithstanding FRAP provisions addressing number of copies, a Filing User must not submit a paper copy of a document.

(h) Service.

(1) Acceptance of Service. Registration as a Filing User constitutes consent to electronic service of all documents.

(2) Documents Filed in CM/ECF. A document filed in CM/ECF is considered served upon another Filing User when that Filing User receives the NDA. A Filing User satisfies FRAP 25(d)'s proof of service requirements by completing the "service" section in CM/ECF when filing a document.

(3) Initiating Documents. A Filing User must serve an initiating document on another Filing User by email.

(4) Paper Copies. Service of a paper copy of a document is not required unless the recipient is not a Filing User and has not consented to other service.

(i) Hyperlinks. A document filed under this rule may contain hyperlinks to (i) other portions of the same document or to other documents filed on appeal; (ii) documents filed in the lower court or agency from which the record on appeal is generated; and (iii) statutes, rules, regulations, and opinions. A hyperlink to a cited authority does not replace standard citation format.

(j) Exemptions.

(1) Counsel. Upon motion and a showing of extreme hardship or exceptional circumstances, the clerk may exempt counsel in a particular case from the electronic filing requirements. If the clerk grants counsel an exemption, the clerk will determine the manner of filing and service.

(2) Sealed Documents. A sealed document or a document that is the subject of a motion to seal is exempt from the electronic filing requirement and must be filed with the clerk in the manner the court determines.

(3) Oversized Documents. A document that exceeds 10 megabytes in size and cannot be reasonably divided into 10 or fewer separate parts, each not exceeding 10 megabytes in size, is exempt from the electronic filing requirement. The oversized document qualifying for the exemption must be filed on CD or DVD.

(A) Under this rule each volume of a multi-volume appendix constitutes a separate document.

(B) If any one volume of a multi-volume appendix qualifies for exemption from electronic filing, the entire appendix must be filed on CD or DVD. Each volume of a multi-volume appendix included in a CD or DVD must be identified as a separate, clearly-labeled document. (Example: Vol. 1 (1-300); Vol 2 (301-600).)

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Last modified at 1/4/2012