9th Cir. R. 25-5

(New Rule 12/1/09, Rev. 7/1/13, 3/23/16; 12/1/18; 12/1/24)

(a) Participation.

All attorneys and court reporters are required to submit all filings electronically using the

Court’s Appellate Electronic Filing System unless the Court grants a request to be

exempted from the requirement. Filers seeking an exemption must complete the

Appellate Electronic Filing System Exemption Form found on the Court’s website. If an

exempt filer registers for the Appellate Electronic Filing System, that registration will

abrogate the exemption. (Rev. 7/1/13)

Use of the Appellate Electronic Filing System is voluntary for all parties proceeding

without counsel.

If a technical malfunction prevents access to the Appellate Electronic Filing System for a

protracted period, the Court by special order may permit paper filings pending restoration

of electronic access.

(b) Documents that may be submitted either electronically or in paper format.

(Abrogated 12/1/24)

(c) Paper Copies of Electronically Filed Documents

No paper copies of electronically filed documents may be submitted unless specifically

directed by the Court. Generally the Court will only request paper copies of briefs and

excerpts of record that have been accepted and filed by the Court. (New 12/1/24)

(d) Deadlines.

(1) When permitted. Electronic filing is permitted at any time other than when

precluded by system maintenance. Filings will be processed by the Court during

the Court’s business hours.

FRAP 25

(2) Timeliness. An electronic filing successfully completed by 11:59 p.m. Pacific

Time will be entered on the Court’s docket as of that date. The Court’s Appellate

Electronic Filing System determines the date and time a filing is completed. If

technical failure prevents timely electronic filing of any document, the filing party

shall preserve documentation of the failure and seek appropriate relief from the

Court.

(e) Technical requirements. All documents must be submitted in Portable Document

Format (“PDF”). The version filed with the Court must be generated from the original

word processing file to permit the electronic version of the document to be searched and

copied. PDF files created by scanning paper documents are prohibited; however, exhibits

submitted as attachments to a document may be scanned and attached if the filer does not

possess a word processing file version of the attachment. No single attachment shall

exceed 100 MB in size. Attachments that exceed that size must be divided into sub-volumes. (Rev. 7/1/13, 12/1/19)

(f) Signature. Electronic filings shall indicate each signatory by using an “s/” in addition to

the typed name of counsel or an unrepresented party. Documents filed on behalf of

separately represented parties or multiple pro se parties must indicate one signatory by

using an “s/” in addition to the typed name and attest that all other parties on whose

behalf the filing is submitted concur in the filing’s content.

(g) Service. All filings not submitted through the Appellate Electronic Filing System require

a certificate of service or equivalent statement. A sample certificate can be found on the

Court’s website at Form 25.

(1) Filings Submitted Electronically That Are Served Electronically. When a

document (other than an original proceeding or petition for review) is submitted

electronically, the Appellate Electronic Filing System will automatically notify

the other parties and counsel who are registered for electronic filing of the

submission; no certificate of service or service of paper copies upon other parties

and counsel registered for electronic filing is necessary. Registration for the

Appellate Electronic Filing System constitutes consent to electronic service.

(2) Filings Submitted Electronically That Are Not Served Electronically. Original

proceedings, petitions for review, sealed filings, and any electronically submitted

filing in a case involving a pro se litigant or an attorney who is not registered for

the Appellate Electronic Filing System must be served pursuant to FRAP

25(c)(1), and must be accompanied by a certificate of service or equivalent

statement. A sample certificate can be found on the Court’s website at Form 15.

Registration for the Appellate Electronic Filing System constitutes consent to

service by email.

(h) Court-Issued Documents. Except as otherwise provided by these rules or court order,

electronically filed and distributed orders, decrees, and judgments constitute entry on the

docket under FRAP 36 and 45(b). Orders also may be issued as “text-only” entries on the

docket without an attached document. Such orders are official and binding.

Cross Reference:

FRAP 25

• FRAP 25. Filing and Service on page 79, specifically, FRAP 25(a)(5), Privacy Protection

• Circuit Rule 27-13. Sealed Documents on page 104

• Circuit Rule 22-3. Applications for Authorization to File Second or Successive 28 U.S.C. §

2254 Petition or § 2255 Motion - All Cases; Stay of Execution - Capital Cases on page 70,

specifically, Circuit Rule 22-3(c)(2), Service in Noncapital Cases