Filing and Service

(a) Filing by Electronic Means. Pursuant to Federal Rule of Appellate Procedure 25, the court has authorized the filing and service of documents by electronic means. Except as otherwise prescribed by Circuit rule or order of the court, all cases will be assigned to the court’s Case Management/ Electronic Case Files (CM/ECF) system, and all documents must be filed electronically in accordance Rule 25 with procedures established by the court. The clerk also may require paper copies of any document filed electronically.

Electronic transmission of a document to the CM/ECF system, together with the transmission of a Notice of Docket Activity from the court, constitute filing of the document under the Federal Rules of Appellate Procedure and the rules of this court, and constitute under FRAP 36 and 45(b) entry of the document on the docket maintained by the clerk. If the court requires a party to file a motion for leave to file, both the motion and document at issue should be submitted electronically. If leave is granted, the underlying document will remain on the docket; if leave is denied, the docket will so reflect. (b) Registration for the CM/ECF System.

(1) Attorneys who appear before this court must register for the court’s CM/ECF system in accordance with procedures established by the court. Every attorney representing a party or an amicus curiae in a case must individually enter an appearance and register for the court’s CM/ECF system if the attorney wishes to file or to receive notice of filings in that case. (2) At the discretion of the court, a party to a pending case who is not represented by an attorney may be permitted to register as an ECF filer. A pro se party who desires to register as an ECF filer must file a motion in this court and if the motion is granted, the party may participate as a pro se ECF filer in that case and any other pending and future cases unless the court revokes permission.

If a pro se party retains an attorney, the attorney must enter an appearance. (3) ECF filers must immediately report any change in their postal or e-mail address by updating their appellate filer account. ECF filers must agree to protect the security of their passwords and to notify the PACER Service Center and the clerk immediately if they learn that their password has been compromised. See Circuit Rule 32(a)(1).

ECF filers may be sanctioned for failure to comply with this provision. (c) Exceptions to Requirement of Electronic Filing and Service. (1) A party proceeding pro se must file documents in paper form with the clerk and must be served with documents in paper form unless the pro se party has been permitted to register as an ECF filer. (2) Upon motion and a showing of good cause, the court may exempt a party from the electronic filing requirements and authorize filing by means other than use of the CM/ECF system.

(3) Case-initiating documents, including petitions for permission to appeal, petitions for review or notices of appeal from agency action, and petitions for writ of mandamus and other original proceedings in this court, may be filed either electronically or in paper form. If filed in paper form, an ECF filer must promptly provide the clerk an electronic version of the filing upon the court’s request. (4) Any document containing material under seal or containing material that a party is seeking to place under seal, and any document filed in a sealed case, may not be filed using the CM/ECF system. Rule 25 Such documents must be filed in paper form or in a nonpublic electronic format as set forth on the court’s website.

Matters under seal are governed by Circuit Rule 47.1. Upon the court’s request, an ECF filer must promptly provide the clerk an electronic version of any sealed filing that was filed in paper form. (5) Exhibits, attachments, or appendix items that (i) exceed the size limitation set by the court; (ii) are not in a format that readily permits electronic filing, such as odd-sized documents; or (iii) are illegible when scanned into electronic format may be filed in paper form. Documents filed pursuant to this subsection must be served by an alternative method of service authorized by FRAP 25, and the filer must file electronically a notice of paper filing.

(d) Paper Copies of Electronic Filings. Except for documents listed in Circuit Rule 32(d) or unless the court directs otherwise, documents filed electronically are not to be submitted to the court in paper form. In those instances when paper copies of electronic filings are required, the filing of copies of non-emergency documents may be accomplished by First-Class Mail addressed to the clerk, or other class of mail that is at least as expeditious, postage prepaid, within two business days of the electronic filing, unless the court has ordered filing by hand or other means. The number of paper copies is governed by the rules pertaining to that document or by order in a particular case; the "original" is the electronic filing.

(e) Privacy Protection. Unless the court orders otherwise, parties must refrain from including or must redact the following personal data identifiers from documents filed with the court to the extent required by FRAP 25(a)(5): ! Social Security numbers. If an individual’s Social Security number must be included, use the last four digits only. !

Financial account numbers. If financial account numbers are relevant, use the last four digits only. ! Names of minors. If the involvement of an individual known to be a minor must be mentioned, use the minor’s initials only. !

Dates of birth. If an individual’s date of birth must be included, use the year only. ! Home addresses. In criminal cases, if a home address must be included, use the city and state only.

The filer bears sole responsibility for ensuring a document complies with these requirements. (f) Service of Documents by Electronic Means. Registration for the court’s CM/ECF system constitutes consent to electronic service of all documents as provided in these rules and the Federal Rules of Appellate Procedure. The Notice of Docket Activity that is generated by the court’s CM/ECF system constitutes service of the filed document on all parties who have consented to electronic service.

For any document that is not filed electronically and for any party who has not Rule 25 consented to electronic service, the document must be served by an alternative method of service, in accordance with the Federal Rules of Appellate Procedure and this court’s rules. (g) Non-Electronic Filing. When electronic filing is not utilized, a non-emergency paper may be filed at the United States courthouse after the regular hours of the clerk's office pursuant to procedures established by the clerk's office. In emergencies or other compelling circumstances, when electronic filing is not utilized, the clerk may authorize that papers be filed with the court through facsimile transmission or email.

Except when specifically so permitted, such filing is not authorized. See also Circuit Rule 32(a) (Electronic Signatures) and Circuit Rule 32(d) (Paper Copies of Electronic Filings). Rule 25 Rule 26. Computing and Extending Time (a) Computing Time.

The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2) Period Stated in Hours.

When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible: (A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or (B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday. (4) "Last Day" Defined.

Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing in the district court, at midnight in the court’s time zone; (B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office; (C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 25(a)(2)(A)(iii)-and filing by mail under Rule 13(a)(2)-at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and Rule 26 (D) for filing by other means, when the clerk’s office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined.

"Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk's principal office. (b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file: (1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or (2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law.

(c) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served, and the paper is not served electronically on the party or delivered to the party on the date stated in the proof of service, 3 days are added after the period would otherwise expire under Rule 26(a).