N.D. Iowa LR 5A

a. Authorization. The Clerk of Court is authorized and directed to do the following:

1. Maintain an electronic case file in the ECF system for all cases filed with the court,

including civil, criminal, and magistrate cases;

2. Receive case filings into the ECF system by electronic transmission; and

3. Image documents filed in paper form into the ECF system.

The Clerk of Court also is authorized to assign a “Miscellaneous” case number to certain

collateral filings.

Specific rules, requirements, procedures, and limitations relating to electronic filing and

electronic access to case files are set out in the ECF Procedures Manual. (See LR 1(l)).

Additional rules, requirements, procedures, and limitations may be set out in administrative

orders issued by the court. The ECF Procedures Manual and the administrative orders will be

available from the Clerk of Court and will be posted on the courts’ websites.

b. Electronic Filing Mandatory. All lawyers admitted to practice before the court, including

lawyers admitted pro hac vice in civil cases and criminal cases (see LR 83(d)(3)), must register

to participate in the ECF system, and must submit all documents to be filed with the court

electronically unless otherwise required or authorized by these rules, the ECF Procedures

Manual, the Clerk of Court or by order of the court. Although the Clerk of Court will not refuse

to accept a document submitted for filing non-electronically (see Fed. R. Civ. P. 5(d)(4) and

Fed. R. Crim. P. 49(b)(5)), the court may strike or order the document not to be filed if filing

non-electronically is not specifically authorized or required by these rules, the ECF Procedures

Manual, the Clerk of Court, or the court.

Information on how to register in the ECF system and how to set up an account for the payment

of fees may be obtained from the Clerk of Court and also is posted on the courts’ websites.

c. Pro Se Parties. All documents submitted to the Clerk of Court for filing by parties proceeding

pro se must be in paper form. With respect to all such documents, if a party represented by a

lawyer would have been required to file the document electronically under these rules or the

ECF Procedures Manual, then the Clerk of Court will scan and upload the document into the

ECF system. Pro se parties who desire to file documents electronically via the ECF system in

a case in which they are a party may request permission to do so by filing a motion with the

court requesting such relief.

d. Electronic Filing, Service, and Docketing. The electronic transmission of a document to the

ECF system consistent with the procedures specified in these rules and the ECF Procedures

Manual, together with the production and transmission of a Notice of Electronic Filing (“NEF”)

by the ECF system, constitutes filing of the document, service of the document on all persons

who have appeared in the case and are ECF system registrants, and entry of the document on

the docket kept by the Clerk of Court.

e. Documents Not to Be Electronically Filed or Maintained in the Electronic Case File.

Except as noted below, unless otherwise required or authorized by these rules, the ECF

Procedures Manual, or the Clerk of Court, the following documents are not to be filed

electronically, but must be filed in paper form.

Any document the court orders not to be electronically filed or maintained in the electronic

case file. (For example, although there are no limitations on the page length of documents

required by these rules to be filed electronically, the court, for good cause shown, may grant a

party leave to file a lengthy document in paper form only). The Clerk of Court has the

discretion to either scan and upload these documents into the ECF system or maintain the

documents in a paper file, or both.

f. Format of Electronic Filings. To be filed electronically, documents first must be converted to

a format compatible with the requirements of the courts’ computer system. To the extent

possible, electronic filings also must conform with the requirements of Local Rule 10.

g. Procedures for Filing Specific Types of Documents.

1. Documents Initiating Civil Cases. A lawyer initiating a civil case in the court by either (A)

filing an original action in the court, or (B) removing an action to the court, must open the

case electronically through the ECF system.

2. Civil Summonses. When a new case is filed, the Clerk of Court will electronically provide

to the plaintiff a signed summons bearing the court’s seal.

3. Documents Initiating Criminal Cases. The United States Attorney’s office must open

criminal and magistrate cases through the ECF system in the manner provided in the ECF

Procedures Manual.

4. Briefs. A brief filed in support of a motion must be electronically attached under the same

docket entry as the motion.

5. Documents Which Require Leave of Court. If leave of court is required to file a

document (for example, an amended complaint or an over-length brief), the document must

be filed as an electronic attachment to the motion requesting permission from the court to

file the document. If the court grants the motion, the Clerk of Court will detach and docket

the document. This section does not apply to the filing of sealed documents, which is

governed by Local Rule 5(c).

6. Proposed Orders. Where appropriate (for example, in the case of protective orders, orders

for writs, orders for warrants for arrest in rem, and form orders), a proposed order may be

electronically attached to a motion requesting entry of the order. However, proposed

scheduling orders and discovery plans must be filed in compliance with Local Rule 16(b).

A proposed order that contains personal data identifiers (see LR 10(g)) must not be

electronically attached to a motion requesting entry of the order or the personal data

identifiers will become part of the public case file.

7. Documents Prepared Under Penalty of Perjury. A sworn or unsworn declaration,

verification, certificate, statement, oath, or affidavit prepared under penalty of perjury may

be filed electronically, but the original paper version of any such document, bearing the

original signature and any verification, must be maintained by the filer during the pendency

of the case and for 5 years after the filing of the document, and must be filed promptly if

ordered by the court or requested by another party.

8. Filings Totaling More Than 100 Pages in Length. If a motion, resistance, or reply,

together with any supporting filings, totals more than 100 pages in length and is filed

electronically, within 7 days after the document is filed, the filer must deliver to the Clerk

of Court, for use by the presiding judge, a paper copy of the docketed motion, resistance,

or reply, together with any supporting filings, reproduced on one side of the page, bound

or fastened at the left margin, and tabbed to facilitate ready reference. (See LR 10(c)(3)).

9. Administrative Records. Where the court is asked to rule in a case based on an

administrative record, such as a Social Security benefits case or a claim-review case

brought under the Employee Retirement Income Security Act of 1974, the administrative

record must be filed electronically, but within 7 days after the administrative record is filed,

the filer must deliver to the Clerk of Court, for use by the presiding judge, a paper copy of

the administrative record. For good cause shown, a party may request leave to file a lengthy

administrative record in paper form only.

h. Signing of Electronic Filings. An authorized filing made through a person’s electronic filing

account, together with the person’s name on a signature block constitutes the person’s signature

for purposes of Local Rule 11 and the applicable Federal Rules of Civil, Criminal, and

Appellate Procedure. All documents filed electronically must have the filer’s name stated in a

signature block, with an imaged signature or an “/s/” in the place of the filer’s signature.

All electronic filings are presumed to have been made by the person or party whose login name

and password have been used to make the electronic filing. No lawyer may knowingly cause

or permit the lawyer’s login or password to be utilized by anyone other than the lawyer or an

authorized employee of the lawyer’s law office. If a pro se party obtains court approval to

participate in the ECF system, the pro se party must not knowingly cause or permit the pro se

party’s login or password to be utilized by any other person.

If a login or password is lost, misappropriated, or misused, the person who owns the login

name and password must notify the Clerk of Court promptly of the loss, misappropriation, or

misuse. The court may cancel the login and password of any person responsible for the loss,

misappropriation, or misuse of a login or password, or not allow that person to participate

further in the ECF system.

i. Original Documents Retained by Lawyer or Party. The electronic filer of a document that

contains the signature of a non-lawyer or has potential evidentiary value in a case must maintain

possession of the original paper version of the document during the pendency of the case and

for 5 years after the filing of the document.

A lawyer or a party who disputes the authenticity of a signature on an electronically-filed

document must file an objection to the signature within 14 days after the lawyer or party

receives the NEF. If no timely objection is filed, the court will presume the signature to be

authentic.

j. When Electronic Filings Can Be Made; Official Filing Date and Time. Unless contrary to

the specific requirements of these rules or an order of the court, an electronic filing can be made

on any day of the week, including holidays and weekends, and at any time of the day or night.

The NEF generated by the ECF system when the document is filed and docketed will record

the date and time of the filing of the document in local time for the State of Iowa. This date and

time will be the official filing date and time of the document regardless of when the filer

actually transmitted the document to the Clerk of Court.

Emailing a document to the Clerk of Court or to the court does not constitute “filing” of the

document. A document is not filed electronically for purposes of the Federal Rules of Civil,

Criminal, or Appellate Procedure until the ECF system generates a NEF for the document.

k. Service of Documents Filed Electronically.

1. Electronic Service. Electronic service through the ECF system is hereby authorized

pursuant to Federal Rule of Civil Procedure 5(b)(2)(E) and Federal Rule of Criminal

Procedure 49(a)(3). A registration form signed by a person registering for the ECF system

constitutes a request for, and consent to, electronic service of court orders and judgments

and documents filed electronically by other parties. Electronic service of documents will

be by electronic notice to the recipient’s email address on the ECF system.

When a document is filed electronically, it will be served electronically through the ECF

system on all persons who have appeared in the case and are ECF system registrants. No

other service on such persons is required. Electronic service of a document is complete

when a NEF for the document is produced and transmitted by the ECF system. Electronic

service is not effective, however, if the filer learns that the NEF did not reach the person to

be served.

2. Service on Nonparticipants in the ECF System. Electronic filers are responsible for

serving parties who are not participants in the ECF system in the manner required by

Federal Rule of Civil Procedure 5(b)(2)(A), (B), (C), (D), or (F) or Federal Rule of

Criminal Procedure 49(a)(4).

l. Technical Failures.

1. Jurisdictional Filing Deadline. Some deadlines in the Federal Rules of Civil, Criminal,

and Appellate Procedure are jurisdictional and cannot be extended. (See, e.g., Fed. R. Civ.

P. 6(b)(2)). It is the filer’s responsibility to ensure, by whatever means necessary, that a

document is filed timely to comply with jurisdictional deadlines. A technical failure,

including a failure of the ECF system, will not excuse the filer from compliance with a

jurisdictional deadline.

2. Nonjurisdictional Filing Deadline. If a filer is unable to meet a nonjurisdictional filing

deadline because of a technical failure, the filer must file the document using the earliest

available electronic or non-electronic means. The filing of the document will be accepted

by the court as timely unless the presiding judge determines that the untimely filing of the

document should not be excused.

m. Access to Electronic Case Files. Any person may access the court’s public electronic case

files. To do so from a location outside the Clerk of Court’s office, the person first must obtain

a password and an account from PACER for the payment of fees. Access to electronic case

files is subject to the payment of fees as authorized by the Judicial Conference of the United

States Courts. Information about public access to electronic case files is available on the courts’

websites.

In each staffed courthouse in the district, the Clerk of Court will maintain at least one public

access terminal from which the court’s public electronic case files may be accessed by

members of the public at no charge. Conventional and certified copies of documents filed

electronically may be purchased at the Clerk of Court’s office during business hours. The fee

for copying and certification will be as established by the Judicial Conference of the United

States Courts.