Effective June 1, 2006

LR 5 SERVICE & FILING OF PLEADINGS & PAPERS (See Fed. R. Civ. P. 5 and LR 100.7)

LR 5.1 Filing Requirements

(a) Generally

All documents filed with the Court by a Registered User shall be in accordance with the Electronic Filing Procedures set forth in these local rules. (See LR 100).

(b) Paper Copy

Unless electronically filed, a paper required or permitted to be filed in the district Court must be filed with the clerk in order to be docketed and included in the record of the case.

(c) Copies of Pleadings and Documents (See also LR 100.4(b))

Parties must file an original and one copy of every conventionally filed pleading and document, including exhibits to documents.

(d) Proposed Forms of Orders or Judgments (See LR 79.2)

Proposed forms of order or judgments should not be submitted unless requested by the Court.

(e) Request for Conformed Copies

A party may request the Clerk to conform a copy of any document presented for filing. However, the filing party must provide the Clerk with a copy of the document and a postage-paid and self-addressed return envelope. Without the extra copy and postage-paid envelope, the Clerk will not conform and return the document by mail.

(f) Return of Unfiled Documents or Correspondence

The Clerk will not accept for filing any courtesy or information copies of documents or correspondence exchanged between the parties unless they are contemporaneously filed as an exhibit or appendix to a pleading or other document.

(g) Letter Correspondence to the Court

Unless directed by the Court, letters to the Court will not be docketed and included in the case file. (See Fed. R. App. P. 10(a) for guidance about including undocketed correspondence in the official record on appeal).

Practice Tip

1. Do not file pleadings, documents, jury instructions, exhibits, etc. (whether original or a copy) with chambers. Instead, file all documents directly with the Clerk’s Office

2. Time-Sensitive Documents: If a document relates to a scheduled court proceeding that is to be held within three (3) days of the filing date, the filing party should notify the courtroom deputy at the time of filing and request that chambers be promptly notified of the filing.

3. Filings Offered During Court Proceedings: Parties tendering documents for filing during a Court proceeding are responsible for filing the document with the Clerk's Office immediately after the Court proceeding.

4. Documents hand delivered or faxed to the Court should normally be hand delivered, faxed, or e-mailed to opposing counsel on the same day and at about the same time.

LR 5.2 Documents Not Filed With the Court

(a) Documents Retained by Parties

Unless required by the Court in a particular proceeding, the following documents must be retained by the parties and not filed with the Court:

(1) Notices of depositions and transcripts (See LR 27 and LR 30);

(2) Interrogatories and responses (See LR 33);

(3) Requests for production and responses (See LR 34);

(4) Requests for admissions and responses (See LR 36);

(5) Expert witness disclosures (See LR 16 and LR 26);

(6) Unaccepted offers of judgment (See LR 68); and

(7) Initial Disclosures. (See LR 26)

(b) Service of Non-Filed Documents on Parties

Any document enumerated in LR 5.2(a) served pursuant to Fed. R. Civ. P. 5 shall also be served concurrently on a party by e-mail. Interrogatories, requests for production, and request for admissions shall be e-mailed in Word or Word Perfect format, not in PDF format, unless otherwise agreed to by the parties.

LR 5.3 Facsimile (FAX) Filings (See LR 11.3)

Facsimile filings are not allowed except in emergency situations, and then only when expressly approved in advance by the assigned judge and coordinated with the Clerk's Office.

LR 5.4 After Business Hours Filings (See LR 77.3(c) and LR 100.5)

LR 5.5 Personal Data Identifiers (See also Proposed Fed. R. Civ. P. 5.2)

(a) Policy

In compliance with the policy of the Judicial Conference of the United States, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all pleadings filed with the Court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court.

(1) Social Security Numbers: If an individual’s social security number must be included in a pleading, only the last four digits of that number should be used.

(2) Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of that child should be used.

(3) Dates of Birth: If an individual’s date of birth must be included in a pleading, only the year should be used.

(4) Financial Account Numbers: If financial account numbers are relevant, only the last four digits should be used.

(b) Responsibility

The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk will not review pleadings for compliance with this rule.

(c) Exemptions

The transcript of the administrative record in social security proceedings is exempt from the requirements of this rule.

(d) Redaction

In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above may:

(1) File an unredacted version of the document under seal; or

(2) File a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal and may be amended as of right.

(3) The unredacted version of the document or the reference list shall be retained by the Court as part of the record. The Court may, however, still require the party to file a redacted copy for the public file.