4th Cir. R. 25(a)

With the exception of administrative matters, all cases filed in the Court are assigned to the

Court's Case Management/Electronic Case Filing System (CM/ECF).

(1) Scope of Electronic Filing. Unless granted an exception for good cause or unless filing only

a disclosure statement or a motion to withdraw from representation, counsel must file all

documents in accordance with the requirements of this rule. Pro se litigants are not required

to file documents electronically but may be authorized to file electronically in a pending case

upon compliance with the Court's CM/ECF registration requirements. Documents filed

electronically must be filed in Portable Document Format (PDF). Text-searchable format is

required for briefs and preferred for all documents. Except as provided below or ordered by

the Court, paper copies of electronic documents are not required.

(A) New Cases. New petitions for review, applications for enforcement, petitions for

permission to appeal, petitions for mandamus or prohibition, and motions to authorize

successive post-conviction applications must be filed using one of the following options:

(i) Submit New Case through CM/ECF Utilities: File petition in electronic form by

selecting "Submit New Case" under CM/ECF Utilities and uploading the petition as a

new case. Paper copies are not required, but the petition must be served

conventionally, outside the CM/ECF system. The petition is deemed filed as of the

date the electronic document was received by the clerk's office.

or

(ii) File in Paper Form: File the original petition in paper form and serve the petition

conventionally, outside the CM/ECF system. The petition is filed as of the date the

paper document was received in the clerk's office. Additional copies are not

required.

(B) Briefs. Formal briefs must be filed and served electronically. In addition, counsel must

file any paper copies required by Local Rule 31(d). The brief is deemed filed as of the

date and time stated on the notice of docket activity for the electronic brief, provided that

any required paper copies are mailed, dispatched to a third-party commercial carrier, or

delivered to the clerk's office by the next business day. Service of the paper brief is not

required if the brief was served electronically on counsel and on any party not

represented by counsel.

(C) Appendices. Formal appendices must be filed and served electronically. In addition,

counsel must file any paper copies required by Local Rule 30(b)(4). The appendix is

deemed filed as of the date and time stated on the notice of docket activity for the

electronic filing of the appendix, provided that any required paper copies of the appendix

are mailed, dispatched to a third-party commercial carrier, or delivered to the clerk's

office by the next business day. Service of the paper appendix is not required if the

electronic appendix was served on counsel and on any party not represented by counsel.

(D) Vouchers. Criminal Justice Act and other payment vouchers are maintained as financial

records and filed outside the CM/ECF system.

(2) Eligibility, Registration, Passwords. Attorneys who intend to practice in this Court and pro

se parties who wish to file electronically in a pending case should register as filing users of

the Court's CM/ECF system.

Registration for electronic filing constitutes consent to electronic service of all

documents as provided in this rule and the Federal Rules of Appellate Procedure. Filing

users agree to protect the security of their passwords and immediately notify the PACER

Service Center and the clerk if they learn that their password has been compromised. Filing

users may be sanctioned for failure to comply with this provision.

A filing user may withdraw from participation in CM/ECF by providing the clerk with

written notice of withdrawal. A filing user's withdrawal from participation in CM/ECF does

not alter the requirement that documents be filed in compliance with this rule.

(3) Consequences of Electronic Filing. Electronic transmission of a document to CM/ECF

consistent with this rule, together with the transmission of a notice of docket activity from the

Court, constitutes filing of the document under the Federal Rules of Appellate Procedure and

the Court's local rules and constitutes entry of the document on the docket kept by the clerk

under FRAP 36 and 45(b).

A document filed electronically is deemed filed at the date and time stated on the notice

of docket activity from the Court. Unless otherwise directed by the Court, filing must be

completed before midnight Eastern Time, as shown on the notice of docket activity, to be

considered timely filed that day.

Before filing a document with the Court, a filing user must verify its legibility and

completeness. When a document has been filed electronically, the official record is the

electronic document stored by the Court, and the filing party is bound by the document as

filed.

If an extension of time or leave of Court is required to file a document, a filing user

should file the motion to extend filing time or other appropriate motion using the motion

event and the underlying document using the document event. If the Court denies the motion,

it will strike the underlying document. If the Court grants the motion, the underlying

document will remain on the docket.

(4) Service of Documents by Electronic Means. The notice of docket activity that is generated

by the Court's electronic filing system constitutes service of the filed document on any

registered CM/ECF users, and proof of service is not required as to such users. Parties who

are not registered for electronic service through CM/ECF must be served conventionally,

outside the CM/ECF system, with a copy of any document filed electronically, and proof of

service is required in accordance with FRAP 25(d).

If a document (such as a sealed document or a new case) cannot be served electronically,

the filer must serve the document conventionally, outside the CM/ECF system, and file proof

of service.

(5) Entry of Court-Issued Documents. Except as otherwise provided by local rule or Court

order, all orders, decrees, opinions, judgments, and proceedings of the Court relating to

cases filed and maintained in the CM/ECF system will be filed electronically in accordance

with these rules, which will constitute entry on the docket kept by the clerk under FRAP 36

and 45(b).

Any order or other Court-issued document filed electronically without the original

signature of a judge or authorized court personnel has the same force and effect as if the

judge or clerk had signed a paper copy of the order.

(6) Attachments and Exhibits to Motions and Original Proceedings. Unless the Court permits

or requires traditional paper filing, filing users must submit in electronic form all documents

referenced as exhibits or attachments. Material should be excerpted to include only such

portions as are germane to the matter under consideration by the Court. Excerpted material

must be clearly and prominently identified as such. The Court may require parties to file

additional excerpts or the complete document.

(7) Sealed Documents. Sealed material must be filed in accordance with Local Rule 25(c) and

served conventionally, outside the CM/ECF system.

(8) Retention Requirements. Documents that are electronically filed and require original

signatures other than that of the filing user must be maintained in paper form by the filing

user for a period of three years after issuance of the Court's final mandate in the case. On

request of the Court, the filing user must provide original documents for review.

(9) Signatures. The user log-in and password required to submit documents to the CM/ECF

system, together with that person’s name on a signature block, serve as the filing user's

signature on all electronic documents filed with the Court. They also serve as a signature for

purposes of the Federal Rules of Appellate Procedure, the Court's local rules, and any other

purpose for which a signature is required in connection with proceedings before the Court.

No filing user or other person may knowingly permit or cause to permit a filing user's

log-in and password to be used by anyone other than an authorized agent of the filing user.

Documents requiring signatures of more than one party must be electronically filed

either by: submitting a scanned document containing all necessary signatures; representing

the consent of the other parties on the document; identifying on the document the parties

whose signatures are required and submitting a notice of endorsement by the other parties

no later than three business days after filing; or any other manner approved by the Court.

Electronically represented signatures of all parties and filing users as described above

are presumed to be valid signatures. If any party, counsel of record, or filing user objects to

the representation of his or her signature on an electronic document as described above, he

or she must, within 10 days, file a notice setting forth the basis of the objection.

(10) Notice of Court Orders and Judgments. Immediately upon the entry of an order, judgment,

or opinion in a case assigned to CM/ECF, the clerk will electronically transmit a notice of

docket activity to filing users in the case. Electronic transmission of the notice of docket

activity constitutes the notice and service required by FRAP 36(b) and 45(c).

The clerk must give notice in paper form to a person who has not consented to electronic

service in accordance with the Federal Rules of Appellate Procedure.

(11) Technical Failures. A party or attorney who is adversely affected by a technical failure in

connection with filing or receipt of an electronic document may seek appropriate relief from

the Court.

(12) Hyperlinks. Electronically filed documents may contain hyperlinks to: other portions of the

same document or other documents filed on appeal; documents filed in the lower court that

are part of the record on appeal; and statutes, rules, regulations, and opinions.

Hyperlinks do not replace citations to the appendix, record, or legal authority and are

not considered part of the appellate record. Documents must contain standard citations in

support of statements of fact or points of law, in addition to any hyperlink. The Court

accepts no responsibility for the availability or functionality of any hyperlink and does not

endorse any organization, product, or content at any hyperlinked site.