(a) Definitions and Scope.
(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).
(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
(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
(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 email@example.com.
(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
(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.
(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.
(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
(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