Comments:

Rules on electronic filing were added in 2008. 113.3 Consequences of Electronic Filing (a) Electronic transmission of a document to the electronic filing system consistent with these rules, together with the transmission of a Notice of Docket Activity from the court, constitutes filing of the document under the Federal Rules of Appellate Procedure and the local rules of this court, and constitutes entry of the document on the docket kept by the clerk under FRAP 36 and 45(b). If the court requires a party to file a motion for leave to file a document, Table of Contents 73 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 both the motion and document at issue should be submitted electronically; the underlying document will be filed if the court so directs. (b) Before filing a document with the court, a Filing User must verify its legibility and completeness.

Documents created by the filer and filed electronically must be in PDF text format. When a document has been filed electronically, the official record is the electronic document stored by the court, and the filing party is bound by the document as filed. Except in the case of documents first filed in paper form and subsequently submitted electronically under Rule 113.1, a document filed electronically is deemed filed at the date and time stated on the Notice of Docket Activity from the court. (c) Filing must be completed by midnight on the last day Eastern Time to be considered timely filed that day.

Source: Model Local Rules Cross-References: L.A.R. 27-32, 35, 40 Comments: Rules on electronic filing were added in 2008. Time changed to midnight in 2010 to conform to amendments to FRAP. 113.4 Service of Documents by Electronic Means (a) The Notice of Docket Activity that is generated by the court's electronic filing system constitutes service of the filed document on all Filing Users. Parties who are not Filing Users must be served with a copy of any document filed electronically in accordance with the Federal Rules of Appellate Procedure and the local rules.

(b) If the document is not filed and served electronically through the court’s cm/ecf system, the filer must use an alternative method of service prescribed by FRAP 25(c). (c) The Notice of Docket Activity generated by the court’s electronic filing system does not replace the certificate of service required by FRAP 25. The certificate of service must state either that the other party is a Filing User and is served electronically by the Notice of Docket Activity or that the other party will be served with paper documents pursuant to FRAP 25(c) Source: Model Local Rules Cross-references: L.A.R. 27.2 and 31.1 Comments: The electronic filing system generates a Notice of Docket Activity at the time a document is filed with the system. The Notice indicates the time of filing, the name of the party and attorney filing the document, the type of document, and the text of the docket entry.

It also contains an electronic link (hyperlink) to the filed document, if one was attached to the filing, allowing anyone receiving the notice by e-mail to retrieve the document automatically. The system sends this Notice to all case Table of Contents 74 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 participants registered as Filing Users of the electronic filing system. Under the amendments to FRAP 25, a court may, by local rule, provide that the court's automatically generated Notice of Docket Activity constitutes service of the document on all Filing Users in the case. Parties who are not Filing Users have not consented to electronic service via the Notice of Docket Activity.

They must be served in some other way authorized by FRAP 25. If the document is not filed electronically through the court’s cm/ecf system, the filer must use an alternative method of service prescribed by FRAP 25(c). FRAP 26 provides that the three additional days to respond to service by mail will apply to electronic service as well. This provision is intended to account for technical problems that can arise during electronic service and to encourage parties to consent to electronic service.

113.5 Entry of Court-Issued Documents (a) Except as otherwise provided by local rule or court order, all orders, decrees, judgments, and proceedings of the court relating to cases filed and maintained in the CM/ECF system will be filed in accordance with these rules, which will constitute entry on the docket kept by the clerk under FRAP 36 and 45(b). Court orders, decrees, judgments, and other documents filed by the court will contain an electronic signature. Any order or other court issued document filed electronically without a hand-written signature of a judge or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper copy of the order. (b) Orders also may be entered as “text-only” entries on the docket, without an attached document.

Such orders are official and binding. Source: Model Local Rules Cross-References: FRAP 45 Comments: Rules on electronic filing were added in 2008. 113.6 Attachments and Exhibits to Motions and Original Proceedings (a) Filing Users must submit in electronic form all documents referenced as exhibits or attachments. A Filing User must submit as exhibits or attachments only those excerpts of the referenced documents that are directly germane to the matter under consideration by the court.

Excerpted material must be clearly and prominently identified as such. The court may require parties to file additional excerpts or the complete document. Table of Contents 75 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 Source: Model Local Rules Cross-References: FRAP 27; L.A.R. 27 Comments: Rules on electronic filing were added in 2008. In many instances, only a small portion of a much larger document might be relevant to a matter before the court, therefore only an excerpt of the larger, original document should be submitted.

The court retains the authority to require the filer to provide additional portions or the complete document, and other parties may supplement the filed excerpts or provide the entire document in support of their responsive pleadings. 113.7 Sealed Documents (a) A motion to file documents under seal may be filed electronically unless prohibited by law, local rule, or court order. (b) If the court grants the motion, the order of the court authorizing the filing of documents under seal may be filed electronically unless prohibited by law. (c) With permission of the clerk, documents ordered placed under seal may be filed in paper form only.

A paper copy of the authorizing order must be attached to the documents under seal and delivered to the clerk. (d) Ex parte motions, e.g. to file a document under seal, must be filed in paper form only. Source: Model Local Rules Cross Reference: