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Saturday, May 8, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

E-mail Notification Message Failures

Service of a document to a Registered User is deemed complete upon filing the document in CM/ECF, at which point the system transmits the NEF. Fed. R. Civ. P. 5(b). To ensure proper service, it is essential that Registered Users maintain current, working e-mail addresses in CM/ECF and PACER. Furthermore, it is important that interference with the NEF not occur after it leaves the Court's mail server, such as being deemed junk mail by a spam filter. The Court cannot stress enough that NEF delivery failures will not excuse missed deadlines.

Temporary or Non-Permanent Failure Bouncebacks

An NEF transmission may fail if the recipient's mailbox is too full or if the recipient's e-mail is otherwise unavailable. Usually the recipient's e-mail provider will deliver such messages at a later time, resulting in a delay. Though a bounceback message will be delivered, the Court will not retransmit the NEF unless the message fails permanently.

Permanent Failure Bouncebacks

When an NEF message permanently fails for an e-mail address, the Court receives a bounceback. The Court will use current case information as well as the Oregon State Bar directory (or other state bar directory resources) to attempt to locate the attorney and will attempt to resend such messages to the correct primary e-mail address for Registered Users, however, incorrect secondary e-mail addresses associated with CM/ECF accounts that generate permanent delivery failures will be removed from the account without any further notice.

Attorneys will be asked to comply with LR 83 by submitting a notice of change of address in their pending cases and/or cases on appeal. A motion for substitution of counsel or notice of withdrawal or substitution of counsel may be requested.

If the Clerk's Office is unable to reach the party or parties involved, the transaction failure will be documented on the case docket. Court staff will instruct opposing counsel to complete service in hard copy of an undeliverable filed document if the other attempts to complete notification fail. Court staff will complete service in hard copy of an undeliverable court-generated document if the other attempts to complete notification fail.