III. CONVENTIONAL FILING OF DOCUMENTS

Unless otherwise provided herein, the clerk’s office will add to the court’s public electronic docket all non-sealed conventionally filed documents referenced in this section.

3.1 Conventional Filings in Criminal Cases

(a) Criminal Charging Documents

All charging documents, including indictments, superseding indictments, informations, complaints and citations or violation notices, and accompanying documents such as supporting affidavits, warrants for arrest, praecipe for summons or warrant, summons (if applicable) and criminal case cover sheets, shall be conventionally filed. Issued warrants for arrest and criminal case cover sheets will not be added to the court’s electronic docket.

(b) Criminal Applications and Accompanying Affidavits

The following applications, accompanying affidavits and warrants/proposed orders, shall be conventionally filed: seizure warrants, search warrants, pen registers (wire tap requests), and electronic tracking device requests. Issued search/seizure warrants and pen registers (wire tap requests) will not be added to the court's public electronic docket.

(c) Return of Service Documents in Criminal Cases

All returns of service or other returns in criminal cases shall be conventionally filed.

(d) Grand Jury Matters

All grand jury matters shall be conventionally filed and not added to the court's public electronic docket, including but not limited to the following: record of grand jurors concurring, motions to quash subpoena, motions to compel production/testimony, motions for immunity, motions for appointment of counsel, petitions for writ of habeas corpus ad testificandum/prosequendum, applications to disclose income tax returns/information, and notification required by Fed. R. Crim. P. 6(e)(3)(B) & (D).

(e) Documents Signed by Criminal Defendants

All documents containing the signature of a criminal defendant shall be conventionally filed. Financial Affidavits will not be added to the court’s public electronic docket.

(f) Undocketed Submissions

The following documents may be received in paper by the clerk’s office in a criminal case, but will not be added to the public docket in either electronic or conventional format unless ordered by the court: Pretrial Services Reports and Statements of Reasons.

(g) CJA Materials

All requests under the CJA shall be filed using eVoucher, and will not be added to the court's public electronic docket.

(h) Juvenile Matters

All documents filed in juvenile criminal matters shall be conventionally filed unless the court rules that the juvenile shall be tried as an adult.

History

(§ (h) amended 5/1/05; § (g) amended 12/1/09; preamble and §§ (a), (b), and (g), amended 6/1/11; §§ (a), (b), (d) and (e) amended, (f) deleted, (g) relettered to (f), (h) relettered to (g) and amended, and (i) relettered to (h))

3.2 Conventional Filings in Civil/Miscellaneous Cases

Unless otherwise provided herein, the clerk’s office will not scan and insert the following documents to the court’s electronic docket.

(a) Administrative Records

Except as provided in AP 2.6, all administrative review proceeding records and transcripts shall be conventionally filed.

(b) Habeas Corpus Rule 5 Materials

The record of state court proceedings and any other materials submitted with the answer as provided in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts shall be conventionally filed.

(c) Mediation Documents

The following mediation documents shall be conventionally filed: Notice of Selection of Mediator; Mediator’s Post ADR Reporting Form; and, if the magistrate judge is serving as the mediator in a case, the Mediation Conference Statement and Mediation Conference Statement Confidential Addendum. The Mediator’s Notice of Mediation may be filed either electronically or conventionally.

(d) Letters Rogatory

Applications or requests for letters rogatory and accompanying documents shall be conventionally filed.

(e) Administrative Inspection Warrants

Applications or requests for administration inspection warrants and accompanying documents shall be conventionally filed. Once ruled upon, the clerk’s office will scan and insert these documents into the court’s electronic docket.

History

(§ (c) amended 10/1/05, 10/1/06; § (a) amended 6/1/11; § (f) removed 12/1/11)

3.3 Sealed Matters

(a) Documents Filed in Sealed Cases

Documents shall be conventionally filed in sealed cases unless the court orders the case unsealed. The Filing User shall also contemporaneously provide the court with a data storage device containing the main document and any accompanying memorandum of law or exhibits as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

(b) Sealed Documents Filed In Non-Sealed Cases

(1) Entire Filing Sealed

If an entire submission, which includes the main document and any accompanying memorandum of law and attachments/exhibits, is sought to be filed under seal, the entire submission shall be conventionally filed. No Notice of Conventional filing should be electronically filed in this circumstance. The Filing User shall also contemporaneously provide the court with a data storage device containing the main document and any accompanying memorandum of law or exhibits as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

(2) Filing Containing Both Sealed and Unsealed Documents

If a filing contains both sealed and unsealed documents, the submission shall be electronically filed and a Notice of Conventional Filing shall be inserted in the place where the sealed document(s) would otherwise have appeared on the electronic docket. The documents sought to be sealed shall be conventionally filed within 72 hours of the electronic submission and contemporaneously produced on a data storage device as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

(c) Motions to Seal

All motions to seal shall be conventionally filed.

History

(§ (a) amended 5/1/05; §§ (a) and (b) amended, § (c) added 10/1/06; §§ (a) and (b) amended 6/1/11)

3.4 Ex Parte Pleadings

All ex parte pleadings shall be conventionally filed.  Ex parte pleadings will be scanned and added to the public docket contemporaneously with the entry of the court’s order on the ex parte request.

3.5 Trial Exhibits/Exhibit Lists

All trial exhibits and exhibit lists shall be conventionally filed in accordance with LR 83.14.  The clerk’s office will scan and insert into the court’s electronic docket only the final exhibit list and not trial exhibits.

(Amended 12/1/13)

3.6 Notice of Appeal

A Notice of Appeal may be (i) electronically filed through the court’s ECF system if the attorney Filing User pays the filing fee using the ECF credit card payment system, simultaneously submits a motion to proceed in forma pauperis, or if no filing fee is required, or (ii) conventionally filed with the appropriate fee.  Conventionally filed notices will be scanned and inserted into the court’s electronic docket.

(Amended 10/1/06)    

3.7 Pro Hac Vice Motions

A Motion for Leave to Appear Pro Hac Vice may be (i) electronically filed through ECF if the attorney Filing User pays the filing fee using the ECF credit card payment system, or (ii) conventionally filed with the appropriate fee.  Conventionally filed pro hac vice motions will be scanned and inserted into the court’s electronic docket.  Due to technical limitations of the CM/ECF system, Filing Users must submit a separate motion for each attorney whose admission is sought pro hac vice and may not request the pro hac vice admission of multiple attorneys in one motion.

(Amended 10/1/06)

3.8 Letters and Correspondence

All letters and correspondence shall be conventionally filed.  The clerk’s office may scan and add substantive letters and correspondence to the court’s electronic docket.           

(Added 10/1/06)

3.9 Service of Conventional Filings

Documents that are filed conventionally shall be conventionally served in accordance with the Federal Rules of Civil/Criminal Procedure and the local rules of this court.

(Amended  5/1/05; AP 3.8 renumbered to AP 3.9 10/1/06)