2.10 Technical Failure

(a) Definition

A technical failure is deemed to have occurred when the court’s ECF system cannot accept filings continuously or intermittently over the course of any period of time greater than one hour after 12:00 pm (noon) on a given day, excepting such periods resulting from scheduled court maintenance for which public notice was provided.

(b) Filing Options

A Filing User experiencing a technical failure may conventionally file the document if accompanied by a declaration attesting to the Filing User’s attempts to timely file the document using ECF.

(c) Service Options

A Filing User experiencing a technical failure may serve the document in any alternative manner permitted by the Federal Rules of Civil/Criminal Procedure.

(d) Clerk Notification

A Filing User shall immediately report a technical failure to the clerk’s office help desk.

(e) Extension of Filing Deadline for Technical Failure

If a Filing User misses a filing deadline due to an inability to file electronically as a result of a technical failure, such a failure shall constitute a condition rendering the office of the clerk of court inaccessible within the meaning of Fed. R. Civ. P. 6 and Fed. R. Crim. P. 45. In such circumstances, the Filing User may electronically or conventionally file the document, accompanied by a declaration stating the reasons for missing the deadline, no later than 12:00 noon of the first day on which the court is open for business following the original filing deadline. Jurisdictional deadlines, however, cannot be extended by the court for any reason and counsel is responsible to ensure that a document is timely filed to comply with a jurisdictional deadline.

(f) Filing User Systems Failure

A problem with the Filing User’s systems or equipment shall not constitute a technical failure nor excuse an untimely filing. In such circumstances, however, a Filing User may file the document conventionally with a declaration explaining how the systems failure precluded filing in ECF.

History

(§ (a) amended 10/1/05; § (e) amended 12/1/13)