ELECTRONIC (CM/ECF) AND FACSIMILE FILING;

ELECTRONIC NOTICING AND SERVICE (a) Electronic Filing. Use of the CM/ECF system is mandatory for all attorneys, unless they are granted an exemption, and is voluntary for all pro se litigants proceeding without counsel. Registration is required to obtain a password and login for use of the electronic filing system. Attorneys and pro se litigants may register to use the system through the federal courts’ PACER system.

The clerk will maintain training materials, as well as information about registration and system requirements on the court’s website. A form to obtain an exemption is available from the court’s website. Exemptions may be granted for good cause, and the clerk is authorized to determine when to grant an exemption and whether to permit a non-exempt attorney to file a document in paper format. A filing in electronic format constitutes the official record in the appeal.

Except as otherwise provided in these rules, filers should not submit paper copies of any document filed through the CM/ECF system. Questions concerning the system, attorney registration and attorney exemptions should be directed to the clerk of court. (b) Documents That Must Be Filed Electronically: The following documents must be filed electronically: * Appearance Forms; * Corporate Disclosure Statements (FRAP 26.1); * Applications to Grant or Modify Certificates of Appealability (FRAP 22b); * Motions, Responses to Motions and Replies (FRAP 27); * Record on Appeal Notices (FRAP 30 and 8th Cir. R. 30A); * Status Reports Required by the Court's Orders; * Briefs filed by CM/ECF filers (8th Cir.

R. 28A) * Addendums to briefs filed by CM/ECF filers (8th Cir. R. 28A) -5- * Citations of Supplemental Authorities [FRAP 28(j)]; * Petitions for Panel Rehearing or Rehearing En Banc (FRAP 35 and 40) and Responses as Requested by the Court; * Bills of Costs (FRAP 39) and Motions for Attorneys' Fees; * Correspondence Directed to the Clerk of the Court; and * Other documents as directed by the Clerk or the Court; * Criminal Justice Act vouchers and attachments must be submitted through the court’s eVoucher system. (c) Documents That May Be Filed Electronically: * Documents initiating proceedings under Federal Rules of Appellate Procedure 5, 15, or 21 or petitions for review filed in the first instance in the court of appeals may be filed electronically or in paper format. (d) Documents That Cannot Be Filed Electronically: * Appendices and other record materials must be filed in paper format in accordance with the provisions of Federal Rules of Appellate Procedure 10 and 30 and Eighth Circuit Rule 30A.

(e) Service: A Certificate of Service is required for all filings, and filers must comply with the provisions of Federal Rule of Appellate Procedure 25 and Eighth Circuit Rule 25A when they file electronically. CM/ECF will generate a Notice of Docket Activity when any document is filed. This notice represents service of the document on parties who are registered participants in the CM/ECF system or who have provided the clerk with their email address. An attorney's or party's registration for electronic filing constitutes consent to service through the Notice of Docket Activity.

With the exception of merits briefs as set out in 8th Cir.

R. 28A(c) and appendices as set out in 8th Cir.

R. 30A(b), the filing party is not required to serve a paper or electronic copy of any electronically- filed pleading or document on any party receiving electronic notice. Filing parties must serve paper copies of pleadings or documents on parties not receiving electronic notices. In such instances, the filing party must comply with the paper service requirements of Federal Rule of Appellate Procedure 25. The filing party may determine the names and addresses of parties not participating in CM/ECF from the Notice of Docket Activity they receive when they complete a docketing transaction.

Sample Certificates of Service may be downloaded from the "Forms" Section of the court's website. -6- (f) Completion of the Electronic Appellate Case File: In the event the clerk receives a document in paper format, the clerk will scan the document and attach it to the public docket sheet available on PACER. The clerk will attach an electronic copy of the brief to the public docket sheet available on PACER. All documents initiating original proceedings in petitions for review or in cases under FRAP 5, 15, and 21will be scanned and placed on the docket if they were not filed electronically. Joint and Separate Appendices prepared pursuant to FRAP 30 and 8th Cir.

R. 30A(b) will not be scanned and attached to the docket sheet. District court original files and transcripts and administrative agency records used as the record on appeal will not be scanned and attached to the public docket sheet available on PACER. (g) Filing Deadlines and Technical Requirements: Electronic filing is permitted at all times, except when the system is temporarily unavailable due to routine or emergency maintenance. An electronic filing completed at any time before midnight Central Time will be entered on the docket as of that date.

The court's electronic case filing system determines the date and time a filing is completed. A filing is timely only if accomplished in accordance with deadlines set by an applicable order, rule or statute. Should technical failure prevent timely electronic filing of any document, the filing party may seek relief from the court. All electronic versions of the pleadings must be submitted in Portable Document Format (also known as PDF or Acrobat Format).

The digital version filed with the clerk must be generated by printing to PDF from the original word processing file so that the text of the digital version of the pleading may be searched and copied. However, exhibits which are submitted as attachments to an electronically-filed pleading or the Addendum may be scanned and attached if the filer does not possess a word-processing-file version of the attachment. Filers may contact the clerk's office for directions concerning the submission of scanned documents. (h) Sealed Documents: Sealed documents must only be filed in paper format.

Motions for permission to file a document under seal must also be filed in paper format. The motion should state whether the filing party believes the motion to seal may be made publically available on PACER or should remain sealed. (i) Highly Sensitive Documents: Highly Sensitive Documents are -7- certain filings that contain sensitive non-public information likely to be of interest to the intelligence service of a foreign government that, if obtained without authorization and improperly released, could cause harm to the United States, the Federal Judiciary, litigants, and others. To avoid risk of disclosure if the CM/ECF system were compromised, Highly Sensitive Documents will not be maintained on the CM/ECF system, even under seal with restricted access.

Not every document filed under seal should be treated as a Highly Sensitive Document. For example, documents such as presentence reports, pleadings related to cooperation in criminal cases, search warrant applications, social security records, medical records, information, documents administrative containing proprietary business information not of interest to a foreign government, and sealed filings in many civil cases are not likely to require treatment as Highly Sensitive Documents. financial documents or records, immigration containing personal A party may file a motion to classify a document as a Highly Sensitive Document. The motion must include a statement justifying why the document should be maintained in paper format only. The proposed Highly Sensitive Document must be submitted in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” If the motion is denied, the clerk will notify the filing party and allow the filing party 7 days to submit a motion to withdraw the materials.

If the materials are not withdrawn, then they will be filed on the CM/ECF system as sealed documents. (j) Privacy: In compliance with the privacy policies of the Judicial Conference of the United States and in order to address the privacy concerns created by Internet access to court documents, parties must refrain from including, or must partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court: 1. Minors' names (use initials only); 2. Social Security numbers (use last four digits only); 3.

Dates of birth (use year of birth only); 4. Financial account numbers (identify the type of account and institution and provide the last four digits of the account number); and 5. Home address information (use phrases such as the "4000 block of Elm"). -8- 6. The Addendum to a criminal brief must not include the Statement of Reasons, the Presentence Report, or other confidential sentencing materials.

The filer bears sole responsibility for redacting documents. (k) Social Security and Immigration Cases: Under the privacy policy of the Judicial Conference of the United States and various rules and statutory provisions, remote electronic public access to the CM/ECF file in appeals in Social Security cases and petitions for review in immigration cases is subject to restrictions. In order to implement these policies, the clerk will restrict remote electronic public access to documents in these cases so that only the court's judges and staff and the parties and attorneys in the case may access them electronically. No restrictions will be placed on remote electronic public access to the court's orders and opinions in Social Security and immigration cases.

Any party seeking to restrict public access to orders and opinions must file a motion explaining why such relief is required. Non-parties may inspect the court's file in the case at the clerk's office. Registered electronic filers in Social Security and immigration cases must submit their documents through CM/ECF and should comply with all of the other filing provisions of this rule. When documents are filed electronically, CM/ECF automatically locks them to restrict access to the users authorized by this order.

Access to any paper document received by the clerk and scanned for entry in the CM/ECF electronic case file will be similarly restricted. Filers should note that they cannot access filings in these cases through their PACER ID and Password and must access these files through their CM/ECF Filer ID and Password. (l) Effect of Failure to Comply with this Rule: The clerk will contact any non-exempt attorney who submits a covered document in paper format and will bring the rule to the attorney’s attention. In the event a non-exempt attorney continues to submit documents in paper format after receiving notice of the rule, the clerk is authorized to strike the filings or take other actions deemed necessary to enforce the rule.

(m) Electronic Noticing. The clerk’s office will use the CM/ECF system to provide notice to all registered participants in a case. The clerk will serve a paper copy of the notice on any attorney granted an exemption and on pro se litigants not registered to use the system. -9- (n) Filing by Facsimile. The clerk may establish a program to permit parties who are not registered to use the CM/ECF system to file documents by facsimile.