E.D.N.C. Local Criminal Rule 49.1

(a) Electronic Filing.

(1) Documents submitted for filing.

Unless otherwise permitted by the Electronic Case Filing

Administrative Policies and Procedures Manual (Policy Manual), or

otherwise authorized by the assigned judge, all documents

submitted for filing shall be filed electronically in searchable text

format using the Case Management/Electronic Case Filing

system(CM/ECF) and in accordance with the Policy Manual. A

system generated Notice of Electronic Filing (NEF) shall be the

official confirmation of electronic filing. Any document

electronically filed or converted by the clerk’s office to electronic

format shall be the official record of the court. As such, the clerk’s

office will not maintain a paper record of these documents. The

clerk’s office will not accept any e-mail or facsimile transmission

for filing unless ordered by the court.

(2) Court-Generated Documents

All orders, decrees, judgments, and records of criminal proceedings

will be filed in accordance with the Policy Manual, which shall

constitute entry of that document on the criminal docket kept by the

clerk in accordance with Fed. R. Crim. P. 55 and as contemplated

by Fed. R. App. 4(b). All signed orders will be filed electronically

by the court or court personnel. Any order or other court-issued

document filed electronically without the original signature of a

judge or clerk has the same force and effect as if the judge or clerk

had signed a paper copy of the order or other court-issued document

and it had been entered on the docket in a conventional manner.

Orders may be ‘text only’ entries on the docket, without an attached

document. Such orders are official and binding.

(b) Registered User.

Only an attorney who is registered in CM/ECF may file documents

electronically.

(c) Authorized User of CM/ECF Password.

No attorney shall knowingly permit or cause to permit the attorney’s

CM/ECF password to be used by anyone other than an authorized employee

of the attorney’s law firm. No person shall knowingly use or cause another

person to use the password of a registered attorney unless such person is an

authorized employee of the attorney’s law firm.

(d) Entry on Docket.

The electronic filing of a document in accordance with the Policy Manual

shall constitute entry of that document on the docket kept by the clerk under

Fed. R. Crim. P. 55 Except in the case of documents first filed in paper, a

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

the NEF that is automatically generated by CM/ECF.

(e) Service of Document.

(1) Documents Submitted for Filing

Except as provided in Section VI.F of the Policy Manual and

subsection (f) below of this rule, when a document is filed in

CM/ECF, it is served electronically on registered users in

compliance with Fed. R. Crim. P. 49(a)(3)(A), and the time to

respond shall be calculated from the date of the NEF, regardless of

whether other means of service are used.. Non-registered persons

must be served with a copy of any document filed electronically in

accordance with the Federal Rules of Criminal Procedure. Service

on any attorney currently appearing on behalf of a person shall be

service on that person.

(2) Court-Generated Documents.

When more than one attorney appears on behalf of a person in a

case, and not all of the attorneys for that person are registered filing

users, service of any court-generated document (e.g., orders,

notices) will only be made on the attorneys registered in CM/ECF.

It is the responsibility of the non-registered attorneys to make

arrangements with the attorney users for that person to remain

apprised of the court-generated filings in that case. Non-registered

attorneys will not receive paper copies from the court.

(f) Exceptions to Electronic Filing.

(1) Documents Excluded From Electronic Filing.

Unless otherwise ordered by the court, documents filed by an

unrepresented person and those documents listed in Section V.A of

the Policy Manual, shall be filed in paper form and are excluded

from electronic filing. Any document filed in paper form that is not

exempt pursuant to this section must be accompanied by a motion

for leave to file the document and a proposed order. When filed in

paper form, the document must have an original signature of the

attorney or each unrepresented person A document filed in paper

form shall be deemed filed on the date that it is received by the clerk

except that for incarcerated unrepresented persons a document filed

in paper form is deemed filed on the date that it is deposited in the

institution’s mailing system.

(2) Service of Documents Filed by an Unrepresented Person.

Unless the document is listed in Section V.A. of the Policy Manual,

the clerk shall scan and electronically file a document submitted for

filing by an unrepresented person. Except as provided for in

Section VI.F of the Policy Manual, the electronic filing of the

document by the clerk constitutes service on registered users in

compliance with Fed. R. Crim. P. 49(a)(3)(A), and the deadline to

respond to the document shall be calculated from the date of the

NEF, regardless of whether other means of service are used. An

unrepresented person must separately serve any non-registered

person as provided in Fed. R. Crim. P. 49(a)(3)(B) or (a)(4).

(3) Service of Other Documents Excluded From Electronic Filing.

Any document filed in paper form pursuant to Section V.A of the

Policy Manual or with leave of court must be served on opposing

parties as provided in Fed. R. Crim. P. 49(a). Service on any

attorney currently appearing on behalf of a person shall be service

on that person.

(g) Privacy Protection for Filings Made with the Court

The responsibility for redacting personal identifiers rests solely with the

filer. The clerk will not review each filed document and any attachments

for compliance with Fed. R. Crim. P. 49.1.