NEFCR 15

(a) Correction of Technical Problems. When submission, filing, service, conversion, or any other EFS function does not occur due to technical problems, the clerk may correct the problem. Technical problems include:

(1) An error in the submission of the document to the EFS or in electronic service on another party;

(2) A failure to process the document when received by the EFS;

(3) An erroneous exclusion of a party from the service list;

(4) A technical problem experienced by the registered user with the EFS; or

(5) A technical problem experienced by a court employee with respect to the processing of a document.

(b) Determination of Time of Filing and Time to Respond After Technical Problems.

(1) Unless the technical problem prevents timely submission or filing or affects jurisdiction, the court must deem a document received on the date when the registered user can satisfactorily demonstrate that they attempted to submit the document to the EFS.

(2) When the technical problem prevents timely submission or filing or affects jurisdiction, the registered user may file a motion seeking to use the date and time on which the registered user initially attempted to submit the document to the EFS. The court may, upon satisfactory proof, enter an order permitting the document to be filed as of the date and time of the first attempt to submit it to the EFS.

(3) When a technical problem occurs, the time to respond to a document served through the EFS is calculated from the date on which the document is correctly served under Rule 10(b). The court may extend the time to respond to prevent any prejudice that may result from a technical problem.