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Crim. LR 49 - Rules Governing Electronic Filing, Service, and Records

Crim. LR 49-1 CM/ECF - Case Management and Electronic Case File System

The District of Oregon uses the federal judiciary's electronic case management and electronic files system (CM/ECF) to support electronic filing and service in criminal cases and to provide electronic access to Court records. To the extent that they are not inconsistent with the Federal Rules of Criminal Procedure, Local Rules of Civil Procedure referred to in this rule provide guidance for filing practices in criminal cases.

Crim. LR 49-2 Mandatory Electronic Filing; Format of Filing

Unless otherwise limited by these rules, Registered Users must file all pleadings, documents (including attachments and exhibits), and other papers electronically through CM/ECF.  All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.

Practice Tips
1. Word processing systems (like WordPerfect or MS Word) 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 that are scanned and then converted into a PDF file in preparation for electronic filing should be run through an application (like an optical character recognition (OCR) program) to convert the contents into a text-searchable PDF file. 
3. The CM/ECF User Manual has additional information about creating text-searchable PDF files. The filer should also consult his or her word processing manuals.

Crim. LR 49-3 CM/ECF User Manual

Registered Users are to follow the electronic filing requirements as described in detail in the CM/ECF User Manual on the Court's website at ord.uscourts.gov. This manual may be updated periodically to conform to new releases or features of CM/ECF.  Notice of any updates will be posted on the Court's website.

Practice Tips
Documentation and Training Documentation and training materials, including the Court's CM/ECF User Manual are available on the Court's website at ord.uscourts.gov.
General Questions General questions regarding CM/ECF may be sent via e-mail message to .
Clerk's Office Assistance For specific filing questions, users should contact the Case Administrator associated with the assigned judge in their case during normal business hours. Contact information is available on the Notice of Case Assignment or by calling the Divisional Office Intake Counter.
Public Access to Court Electronic Records (PACER) A PACER User Account is required to retrieve public information from the docket sheet, or to download public documents for a fee.

Visit the PACER Service Center website at www.pacer.gov for instructions to establish a PACER User Account.

Crim. LR 49-4 CM/ECF Users (See also LR 83)

(a) Registered Attorneys

Lawyers admitted to the bar of this Court pursuant to LR 83-1, LR 83-3, and LR 83-4 must register with the Clerk's Office to establish a CM/ECF User Account. Upon registration, lawyers are deemed to be Registered Users for purposes of these Local Rules. Unless a Registered User has notified the Court that they wish to opt out of electronic service, the Registered User has consented to receive service electronically and waived the right to receive such service by first class mail or personal service pursuant to Fed. R. Crim. P. 49(b). Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment.

(b) Non-Registered Attorneys

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 electronic filing requirements (See LR 83-1(e)).

(c) Pro Se Party Litigants

On a case-by-case basis, a pro se party may apply to the assigned judge for permission to become either: (1) a Registered User; or (2) a recipient of electronic filing notices by e-mail without becoming a Registered User. If approved as a Registered User, the Clerk will assign the pro se party a CM/ECF login and password. That individual will become a Registered User in the specific case subject to all of the requirements of Crim. LR 49, and the receipt by the pro se party of the Court's e-mail notices of electronic filing will constitute service upon the pro se party. If the pro se party is approved to receive electronic filing notices without becoming a Registered User, then the pro se party will not have access to CM/ECF for the purpose of filing documents and there is no consent to electronic service by the pro se party. Accordingly, opposing parties are still required to serve paper copies of any documents on a pro se party who is approved to receive electronic filing noticed by e-mail but is not approved to become a Registered User.

Crim. LR 49-5 Official Case Record

(a) Documents That Must be Filed in Paper

The following documents cannot be filed electronically and must instead be filed in paper:

  1. Case Initiating Documents.
  2. Sealed and In Camera Documents.
  3. Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case.
  4. Individually identifiable health information protected under HIPAA. (See also 45 C.F.R. § 160.103.)

(b) Demonstrative or Oversized Exhibits

Demonstrative or oversized exhibits need not be filed electronically.

(c) Trial Exhibits

Electronic trial exhibits are to be submitted to the Clerk's Office per the requirements and procedures as described in "Submission Requirements for Electronic Trial Exhibits" found on the Court's website. Physical exhibits are to be handled in accordance with the trial judge's instructions.

(d) Documents Filed Electronically

In accordance with Fed. R. Crim. P. 49(e), the electronic filing of a document (together with CM/ECF transmission of the Notice of Electronic Filing) constitutes filing of that document, the official record for all purposes of the Federal Rules of Criminal Procedure and the Local Rules of this Court, and entry of the document on the docket kept by the clerk.

Crim. LR 49-6 Clerk's Conversion of a Paper Filing into an Electronic Replacement

The clerk may scan and convert a paper filing in its entirety to an electronic replacement for posting to CM/ECF. If the clerk does so, the paper filing may be returned to the filing party or disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.

Crim. LR 49-7 Judge's Paper Copy Requirements (See LR 5-5, 5-9, and LR 10-1(e) and Practice Tips)

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(e), of motions in limine, motions to dismiss, suppression motions, motions for injunctive relief (including all related documents), and any documents in excess of ten pages, and the Notice of Electronic Filing, must be marked as a "JUDGE'S COPY" and delivered to the Clerk's Office within three business days after the electronic filing.

Crim. LR 49-8 Service (See also Crim. LR 49-1 and 49-2)

(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. Crim. P. 49.

(b) Paper Service

The filing party is responsible for perfecting paper service in any manner permitted by the Federal Rules of Criminal Procedure (and for filing a Certificate of Service with the Clerk's Office) for every:

  1. Document permitted by these rules to be filed in paper instead of electronically; and
  2. Electronic filing that could not be electronically served upon a party or Registered User who appeared in the action.

Crim. LR 49-9 Hyperlinks

(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, is 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.

Crim. LR 49-10 Court Orders and Judgments

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.

Practice Tip
In accordance with Fed. R. Crim. P 49(e), the Clerk's Office does not mail a paper copy of electronically filed judgments to Registered Users who have been electronically served.

Crim. LR 49-11 Retention Requirements (See LR 10-3)

(a) Documents Containing Original Signatures of Non-Registered Users

Electronically filed documents such as affidavits or declarations under penalty of perjury that 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.

Crim. LR 49-12 Personal Privacy Issues (See also LR 3-7)

Information posted on CM/ECF may not be downloaded for uses inconsistent with the privacy concerns of any person.

Amendment History to LR 3001
March 1, 2014
LR 3001-1 Former rule title ("Application (See LR 100)") stricken.   Former rule text that, "Unless otherwise directed by the Court, the provisions of LR 100 apply to all criminal cases pending within the District of Oregon, or after March 1, 2004" stricken.
LR 3001-1 New rule titled "CM/ECF – Case Management and Electronic Case File System" based on former civil LR 100-1.
LR 3001-2 New rule titled "Mandatory Electronic Filing; Format of Filing" and Practice Tips based on former civil LR 100-2.
LR 3001-3 New rule titled "CM/ECF User Manual" and Practice Tips based on former civil LR 100-3.
LR 3001-4 New rule titled "CM/ECF Users (See also LR 83)" based on former civil LR 100-4.
LR 3001-5 New rule titled "Official Case Record" based on former civil LR 100-5.
LR 3001-6 New rule titled "Clerk's Conversion of a Paper Filing into an Electronic Replacement" based on former civil LR 100-6.
LR 3001-7 New rule titled "Judge's Paper Copy Requirements (See LR 5-9 and LR 10-1(e), (g) and Practice Tips)" based on former civil LR 100-7.
LR 3001-8 New rule titled "Service (See also LR 2001-1 and 3001-2)" based on former civil LR 100-8.
LR 3001-9 New rule titled "Hyperlinks" based on former civil LR 100-9.
LR 3001-10 New rule titled "Court Orders and Judgments" based on former civil LR 100-10.
LR 3001-11 New rule titled "Retention Requirements (See LR 100-3)" based on former civil LR 100-11.
LR 3001-12 New rule titled "Personal Privacy Issues (See also LR 3-7)" based on former civil LR 100-12.

August 1, 2019

Crim. LR 49

Renumbered from LR 3001 to Crim. LR 49 to correspond with Federal Rules of Criminal Procedure. Renamed rule from "Rule Governing CM/ECF: Case Management and Electronic Filing – Practices" to "Rules Governing Electronic Filing, Service and Records."

Crim. LR 49-1

Renumbered from LR 3001-1 to Crim. LR 49-1.  Deleted "CM/ECF" from rule title and added "s" to "File."  Added "electronic case management and electronic files system" after "judiciary's" and added parentheses around "CM/ECF."

Crim. LR 49-2

Renumbered from LR 3001-2 to Crim. LR 49-2.  Deleted "the" preceding and "system" following "CM/ECF."

Crim. LR 49-3

Renumbered from LR 3001-3 to Crim. LR 49-3.  Deleted "on the For Attorneys page under the E-Filing tab" following ord.uscourts.gov.  Deleted "the" preceding and "system" following "CM/ECF."

Crim. LR 49-4

Renumbered from LR 3001-4 to Crim. LR 49-4. 

Crim. LR 49-4(a): added "CM/ECF" before "User" and deleted "in the CM/ECF system" after "Account."

Crim LR. 49-4(b): deleted "the CM/ECF" before "electronic."

Crim LR 49-4(c): updated reference to Crim. LR 49 from LR 3001.  Deleted "the" preceding and "system" following "CM/ECF."

Crim. LR 49-5

Renumbered from LR 3001-5 to Crim. LR 49-5.  

Crim. LR 49-5(d): deleted "the" preceding and "system's" following "CM/ECF."

Crim. LR 49-6

Renumbered from LR 3001-6 to Crim. LR 49-6.  Deleted "the" preceding and "system" following "CM/ECF."

Crim. LR 49-7

Renumbered from LR 3001-7 to Crim. LR 49-7.  Updated references to local rules of civil procedure.

Crim. LR 49-8

Renumbered from LR 3001-8 to Crim. LR 49-8.  Updated "see also" references to renumbered Crim. LR 49-1 and 49-2.

Crim. LR 49-9

Renumbered from LR 3001-9 to Crim. LR 49-9.

Crim. LR 49-10

Renumbered from LR 3001-10 to Crim. LR 49-10.

Crim. LR 49-11

Renumbered from LR 3001-11 to Crim. LR 49-11.

Crim. LR 49-12

Renumbered from LR 3001-12 to Crim. LR 49-12.  Inserted "in" and deleted "on the" preceding and "system" following "CM/ECF."