What is a "technical failure?"

FAQ Type: 
Answer: 
AP 2.10 sets forth that a “technical failure” is deemed to have occurred when the court’s ECF site 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. 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. Under these circumstances a filing user must serve the document in any alternative manner permitted by the Federal Rules of Civil/Criminal Procedure. 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 pm (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 the filing user is responsible to ensure that a document is timely filed to comply with a jurisdictional deadline.