5th Cir. R. 25

25.1 Facsimile Filing. The clerk may accept, for filing, papers sent by

facsimile in situations the clerk determines are emergencies or that present other compelling

circumstances.

25.2 Electronic Case Filing Procedures

25.2.1 Electronic Filing. All cases will be assigned to the court’s electronic filing

system. Counsel must register as Filing Users under Rule 25.2.3 and comply with the court’s

electronic filing standards, posted separately on the court’s website, www.ca5.uscourts.gov,

unless excused for good cause. Non-incarcerated pro se litigants may request the clerk’s

permission to register as a Filing User, in civil cases only, under such conditions as the clerk

may authorize.

Filing Users must submit all briefs, motions, and petitions for rehearing in PDF text

format (not scanned), and only when directed by the clerk, in paper format. Whenever possible,

other documents, e.g., record excerpts, etc., should be submitted in PDF text format, and only

when directed by the clerk, in paper format. All paper filings must be identical to the electronic

file(s).

25.2.2 Filings in Original Proceedings. Filing Users may be required to file case-initiating documents in original proceedings, e.g., mandamus, petitions for second and successive

habeas corpus relief, petitions for review, etc., in paper format. Subsequent documents

may be filed electronically and in paper format as prescribed by the clerk.

25.2.3 Filing Users: Eligibility, Registration, Passwords. All counsel not excused

from filing electronically must register themselves, or any additional approved designee,

as Filing Users of the court’s electronic filing system. The clerk will define the registration

requirements and continuing duty of counsel to keep their contact information current, see

5TH CIR. R. 46.1, and will determine necessary training to receive Filing User registration.

Non-incarcerated pro se litigants granted Filing User status under Rule 25.2.1 will have Filing

User status terminated as prescribed by the clerk, generally at the termination of the case. If

a pro se party, permitted to register as a Filing User, retains an attorney, that counsel must

advise the clerk.

A Filing User’s registration constitutes consent to electronic service of all documents as provided

in the FED. R. APP. P. and the 5TH CIR. R.

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

Service Center and the clerk if their password is compromised. Filing Users may be sanctioned

for failure to comply with this provision.

Subject to a single judge’s review, the clerk may terminate a Filing User’s electronic filing

privileges for abusing the system by an inordinate number of filings, filings of excessive size,

or other failures to comply with the electronic filing rules and standards.

A Filing User may move to withdraw from participation in the electronic filing system for good

cause shown.

25.2.4 Consequences of Electronic Filing. A Filing User’s electronic

transmission of a document to the electronic filing system consistent with these rules and the

court’s electronic filing standards, together with the court’s transmission of a Notice of Docket

Activity, constitutes filing of the document under the FED. R. APP. P. and 5TH CIR. R., and

constitutes entry of the document on the docket under FED. R. APP. P. 36 and 45(b). If a party

must file a motion for leave to file, both the motion and document at issue must be submitted

electronically and in identical paper form; the underlying document will be filed if the court so

directs.

A Filing User must verify a document’s legibility and completeness before filing it with the

court. Except as authorized by the court’s electronic filing rules and standards, documents the

Filing User creates and files electronically must be in PDF text format. When a Filing User’s

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. Except for documents first

filed in paper form and subsequently submitted electronically under 5TH CIR. R. 25.2.2, an

electronically filed document is deemed filed at the date and time stated on the court’s Notice

of Docket Activity.

Filing must be completed by 11:59 p.m. Central Time to be considered timely filed that day.

25.2.5 Service of Documents by Electronic Means. The court’s electronic Notice of

Docket Activity constitutes service of the filed document on all Filing Users. Parties who are

not Filing Users must be served with a copy of any document filed electronically in accordance

with the FED. R. APP. P. 25 and 5TH CIR. R. 25 If the document is not available electronically,

the filer must use an alternative method of service.

25.2.6 Entry of Court - Issued Documents. Except as otherwise provided by rule or

order, all of the court’s orders, opinions, judgments, and proceedings relating to cases

electronically filed will be filed in accordance with these rules, and will constitute entry on the

docket under FED. R. APP. P. 36 and 45(b).

Any order or other court-issued document filed electronically does not require a signature of a

judge or other court employee. An electronic order has the same force and effect as a paper copy

of the order. Orders also may be entered as “text-only” entries on the docket, without an

attached document. Such orders are official and binding.

25.2.7 Attachments and Exhibits to Motions and Original Proceedings. Filing

Users must submit all documents referenced as exhibits or attachments, in electronic form

within any file size limits the c lerk may prescribe, as well as any paper co pies the c lerk

specifies. A Filing User must submit as exhibits or attachments only those excerpts of the

referenced documents that are directly germane to the matter under consideration by the court.

Excerpted material must be clearly and prominently identified as such. The clerk may require

parties to file additional excerpts or the complete document.

25.2.8 Sealed Documents. A Filing User may move to file documents under seal in

electronic form if permitted by law, and as authorized in the court’s electronic filing

standards. The court’s order authorizing or denying the electronic filing of documents under

seal may be filed electronically. Documents ordered placed under seal may be filed

traditionally in paper or electronically, as authorized by the court. If filed traditionally, a paper

copy of the authorizing order must be attached to the documents under seal and delivered to the

clerk.

25.2. 9 R etention Requirements. The Filing User must maintain in paper form

documents filed electronically and requiring original signatures, other than that of the Filing

User, for 3 years after the mandate or order closing the case issues. On request of the court, the

Filing User must provide original documents for review.

25.2.10 Signatures. The user log-in and password required to submit documents in

electronic form 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 FED. R. APP. P. 32(d) and 5TH CIR. R.

28.5, and any other purpose for which a signature is required in connection with proceedings

before the court.

The Filing User’s name under whose log-in and password the document is submitted must be

preceded by an “s/” and be typed in the space where the signature otherwise would appear.

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 which require more than one party’s signature must be filed electronically by:

submitting a scanned document containing all necessary signatures;

showing the consent of the other parties on the document; or

any other manner approved by the court.

Electronically represented signatures of all parties and Filing Users described above are

presumed valid. 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 file a notice

within 10 days setting forth the basis of the objection.

25.2.11 Notice of Court Orders and Judgment. The clerk will transmit

electronically a Notice of Docket Activity to Filing Users in the case when entering an order or

judgment. This electronic transmission constitutes the notice and service of the opinion required

by FED. R. APP. P. 36(b) and 45(c). The clerk must give notice in paper form in accordance with

those rules to a person who has not consented to electronic service.

25.2.12 Technical Failures. A Filing User whose filing is made untimely as the result

of a technical failure may seek appropriate relief from the court.

25.2.13 Public Access/Redaction of Personal Identifiers. Parties must refrain

from including, or must partially redact where inclusion is necessary, certain personal data

identifiers whether filed electronically or in paper form as prescribed in FED. R. APP. P. 25, FED.

R. CIV. P. 5.2(a), and FED. R. CRIM. P. 49.1. Responsibility for complying with the rules and

redacting personal identifiers rests solely with counsel. The parties or their counsel may be

required to certify compliance with these rules. The clerk will not review pleadings, and is not

responsible for data redaction.

Parties wishing to file a document containing the personal data identifiers referenced above

may:

file an un-redacted version of the document under seal, or

file a reference list under seal. The list must contain the complete personal data

identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All

references in the case to the redacted identifiers included in the reference list will be

construed to refer to the corresponding complete personal data identifier. The reference

list must be filed under seal, and may be amended as of right.

The court will retain the un-redacted version of the document or the reference list as part of the

record. The court may require the party to file a redacted copy for the public file.

25.2.14 Hyperlinks. Electronically filed documents may contain the following types of

hyperlinks:

Hyperlinks to other portions of the same document;

Hyperlinks to PACER that contains a source document for a citation;

Hyperlinks to documents already filed in any CM/ECF database;

Hyperlinks between documents that will be filed together at the same time;

Hyperlinks that the clerk may approve in the future as technology advances.

Hyperlinks to cited authority may not replace standard citation format. Complete citations

must be included in the text of the filed document. A hyperlink, or any site to which it refers,

will not be considered part of the record. Hyperlinks are simply convenient mechanisms for

accessing material cited in a filed document. The court accepts no responsibility for, and does

not endorse, any product, organization, or content at any hyperlinked site, or at any site to

which that site might be linked. The court accepts no responsibility for the availability or

functionality of any hyperlink.

25.2.15 Changes. The clerk may make changes to the standards for electronic filing to

adapt to changes in technology or to facilitate electronic filing. Changes to the court’s electronic

filing standards will be posted on the court’s internet website.