| U.S. District Court District of Oregon Local Rules of Civil Practice |
|---|
Effective June 1, 2006
(a) General
The District of Oregon uses the federal judiciary's CM/ECF system and the Internet to support electronic filing and service in civil and criminal cases, and electronic access to public civil and criminal court records.(b) Electronic Filing in Civil and Criminal Cases
Unless otherwise limited by these rules, not later than September 1, 2006, the Court and Registered Users will electronically file pleadings, documents, and other papers in all pending civil and criminal cases (See LR 100.2).
(c) CM/ECF User's Manual
Electronic filing requirements are described in detail in the CM/ECF User's Manual at http://ord.uscourts.gov/ECF/CMECFHomePage.htm. From time to time this manual may be updated to conform to the evolving CM/ECF system. Notice of any updates will be posted on the court's website.
Internet Online Help Internet assistance to CM/ECF users can be found in the court's CM/ECF User's Manual and on the court's website at www.ord.uscourts.gov. e-mail Questions Registered Users should e-mail their questions about the CM/ECF system to info@ord.uscourts.gov. Clerk's Office Assistance Clerk's Office staff are available by telephone to help Registered Users on the CM/ECF system. Public Access to Court Electronic Records (PACER) Individuals must establish a PACER User's Account to retrieve public information from the docket sheet, or to download public documents for a fee. Information about how to set up an individual PACER User's Account is available on the court's website at www.ord.uscourts.gov, or on the PACER Service Center website at www.pacer.psc.uscourts.gov.
(a) Registration Requirements
Lawyers admitted to the bar of this court pursuant to LR 83.1, LR 83.3 and LR 83.4 must register with the CM/ECF system and maintain a current CM/ECF e-mail account sufficient to receive service of electronic filings and court notices. Upon registration, lawyers are deemed to be Registered Users for purposes of these local rules.
(b) Login and Password Security
No person may knowingly permit or cause to permit a password to be used by anyone other than an authorized agent of the Registered User. Registered Users agree to protect the security of their password and notify the Clerk's Office immediately if they learn that their password has been compromised.
(c) Consent to Service
In accordance with Fed. R. Civ. P. 5(b)(2)(D), Registered Users who have appeared in the action are deemed to consent to electronic service of all electronically filed documents by the Court or other Registered Users who have appeared in the action. Such consent does not apply to service made pursuant to Fed. R. Civ. P. 4, 4.1, and 45.
(d) Non-Registered User Attorneys
(1) Exemption from CM/ECF Requirements: For good cause shown in a specific case, attorneys without access to automation and the Internet may apply to the assigned judge for an exemption from the CM/ECF electronic filing requirements (See LR 83.1(e)).
(2) PDF Filing Requirements: Attorneys exempted pursuant to this rule must include with every conventional filing a 3.5" diskette or CD-ROM containing a text searchable PDF version of all papers filed with the court (See Practice Tip – LR 100.4).
(e) Pro Se Party Litigants
On a case-by-case basis, a pro se party may apply to the assigned judge for permission to become a Registered User. Every such application must demonstrate the pro se party's automation, word processing, and Internet access capabilities, and must include an agreement to abide by the requirements of these local rules and the CM/ECF User's Manual. If approved, the clerk will assign the pro se party a CM/ECF login and password, and that individual will become a Registered User in the specific case.
(a) Electronic Filing
In accordance with Fed. R. Civ. P. 58 and 79, the electronic filing of a document (together with the CM/ECF system's transmission of the Notice of Electronic Filing) constitutes filing of that document, the official record for all purposes of the Federal Rules of Civil Procedure and the local rules of this Court, and entry of the document on the docket kept by the Clerk.
(b) Conventional Filings
(1) Filed Before September 1, 2006: Unless otherwise directed by the Court, documents filed conventionally before September 1, 2006 constitute the official record and parties are not required to submit an electronic version of those conventional filings.
(2) Filed After September 1, 2006: Documents authorized to be filed conventionally on or after September 1, 2006, will be filed and docketed by the Clerk and will constitute the official record until the Clerk elects to scan and upload an electronic version of the conventional filing pursuant to LR 100.(3)(b)(3).
(3) Converting a Conventional Filing into a CM/ECF Electronic Replacement: The Clerk may scan and convert a conventional filing in its entirety to an electronic replacement for posting to the CM/ECF system. Should the Clerk do so, the conventional filing may be discarded and not returned to the filing party after providing reasonable notice to all parties.
(a) Initial Case Papers
Initial case papers must be conventionally filed with the Clerk's Office. Concurrent with the initial case paper fillings, a Registered User must also include a text searchable PDF version of every initial case paper (including scanned versions of related state court papers in removal actions) on a 3.5" diskette or CD-ROM.
1. Word processing systems (WordPerfect, MS Word, etc) can generate a searchable PDF version of every document created by the system. 2. Attachments, or other documents not generated by the filing party's word processing system (affidavits, exhibits, state court records on removal, etc.), should be scanned and then converted into a searchable PDF version through the Adobe Acrobat™“paper capture” function. Exhibits which are primarily graphical do not have to be converted to text searchable documents. 3. Explanations for both options are included in the on-line User's Manual at www.ord.uscourts.gov, and the user's word processing manuals.
(b) Judge's Paper Copy Requirements (See LR 5.1(c))
A paper copy of the following electronically filed motions, responses, and replies (including associated legal memoranda, attachments, exhibits, affidavits or declarations), and the Notice of Electronic Filing, shall be marked as a “JUDGE'S COPY” and delivered to the Clerk's Office within three (3) days after the electronic filing:
(1) Civil Cases: Dispositive motions, motions for injunctive relief, and any documents in excess of five (5) pages.
(2) Criminal Cases: Motions in limine, motions to dismiss, suppression motions, and any documents in excess of five (5) pages.
(c) Attachments and Exhibits
(1) Registered Users must submit in electronic form all documents referenced as exhibits or attachments, unless the Court permits the document to be conventionally filed.
(2) A Registered 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. Registered Users who file excerpts of documents as exhibits or attachments under this rule do so without prejudice to their right to timely file additional excerpts or the complete document. Responding parties may timely file additional excerpts or the complete document that they believe are directly germane. The Court may require parties to file additional excerpts or the complete document.
(3) Demonstrative or oversized exhibits may be filed conventionally.
(4) Trial exhibits are not filed either electronically or conventionally with the Court, and must be delivered or submitted as ordered by the assigned judge.
(d) Notice of Appeal
Notices of Appeal may be electronically filed. However any required fee must be paid to the District Court within three (3) days.
(e) Documents That Must Be Filed Conventionally
The following documents must be conventionally filed and served and may not be electronically filed via the CM/ECF system:
(1) Initiating case papers (See LR100.4(a)).
(2) Sealed and in-camera documents (See also LR 3.9, LR 3.10 and LR 10.3).
(3) Individual Consent to Jurisdiction by a United States Magistrate Judge.
(4) Social security administrative record.
(5) Individually identifiable health information protected under HIPAA . (See also 45 CFR 160.103).
(f) Administrative Records
Administrative records including, but not limited to APA, IDEA, ERISA and INS administrative records, may be conventionally filed and served without prior Court approval.
(a) System Availability
Electronic filing via the CM/ECF system is permitted at all times, except when the system is temporarily unavailable due to routine or emergency maintenance.
(b) Filing Deadline
The filing deadline for any document is 11:59 pm (Pacific Time) on the day the document is required to be filed.
(c) Scheduled Court Proceedings
If an electronic filing relates to a scheduled court proceeding that is to be held within three (3) days of the filing date, the filing party must telephone or e-mail the assigned judge's courtroom deputy to request that chambers be promptly notified of the e-filing.
(d) Separte Components
A document will be considered filed when all components of the document reside in the official court record.
(a) Signature
A Registered User's login and password required to file documents via the CM/ECF system constitute the Registered User's signature for purposes of the Federal Rules of Civil Procedure (including Fed. R. Civ. P. 11), the Local Rules of this Court, and for any other purpose for which a signature is required in connection with proceedings before the Court.
(b) Format
Electronically filed documents must include a signature block in accordance with LR 11.1, including the typed name of the Registered User who filed the document preceded by an “s/” (followed by the typed name) in the space where the signature would otherwise appear.
Example s/ John Q. Attorney
JOHN Q. ATTORNEY
OSB # 999-99999
[541] 999-9999
Attorney for Plaintiff Smith Corporation, Inc.(c) Signatures of Non-Registered Users
Documents containing the signature of a non-Registered User are to be filed electronically with the signature represented by an “s/” and the name typed in the space where a signature would otherwise appear, or as a scanned image. (See also LR 100.4 and LR 10.9).
(d) Multiple Signatures
Documents requiring the signatures of more than one party must be electronically filed either by:
(1) Submitting a scanned document containing all necessary signatures.
(2) Representing the consent or stipulation of the other parties on the document.
(3) Identifying on the document the signatures which are required and submitting written confirmation by the parties no later than three (3) days after the filing, or
(4) In any other manner approved by the Court.
(a) CM/ECF Electronic Service
(1) Completion of Service: Electronic service is complete upon transmission of the Notice of Electronic Filing, but is not effective if the serving party learns that it did not reach the person to be served.
(2) Notice of Electronic Service: The Notice of Electronic Filing will be transmitted to all Registered Users who have appeared in the case, and confirmation of receipt of the Notice of Electronic Filing fulfills the notice requirements of Fed. R. Civ. P. 5(b) and 77(d). (See Appendix of Forms #24).
(b) Conventional Service
The filing party is responsible for perfecting conventional service in any manner permitted by the Federal Rules of Civil Procedure (and for filing a Certificate of Service with the Clerk's Office) for every:
(1) Conventionally filed document permitted by these rules;
(2) Electronic filing that could not be electronically served upon a party or Registered User who appeared in the action; and
(3) Document filed under seal.
(a) Authorization
Electronically filed documents may contain hyperlinks to other portions of the same document, and/or hyperlinks to a location on the Internet that contains a source document for a citation.
(b) Citation Format
Hyperlinks to cited authority do not replace standard citation format. Complete citations must be included within the text of the document. Neither a hyperlink, nor any site to which it refers, shall be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in an electronically filed document.
(c) Disclaimer
The Court neither endorses, nor accepts responsibility for any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.
Every order or other court-issued document filed electronically without the original signature of a judge or clerk has the same force and effect as if the judge or clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as "text only" entries on the docket, without an attached document.
(a) Documents Containing Original Signatures of Non-Registered Users
Electronically filed documents such as affidavits or declarations under penalty of perjury which contain original signatures of persons who are not Registered Users must be maintained in their original paper form by the Registered User until the later of:
(1) The final disposition of the case, including appeal or expiration of the time for appeal; or,
(2) The expiration of any relevant statute of limitations.
(b) Production of Original
On request of the Court or a party, the Registered User must provide the document for review.
Information posted on the CM/ECF system shall not be downloaded for uses inconsistent with the privacy concerns of any person.
Amendment History to LR 100 | |
June 1, 2006 | |
| Generally | LR 100 has been revised in its entirety to codify only the core local rule requirements of the CM/ECF system leaving the "how to" instructions to be integrated into the on-line CM/ECF User's Manual at www.ord.uscourts.gov |