D. Utah DUCivR 5-1

(a) Electronic Filing.

Except as otherwise permitted in this rule, a party authorized to electronically file

must sign and file documents as required in the ECF Procedures Manual.

(b) Email Filing and Electronic Notification of Case Activity.

(1) Exception to Electronic Filing for Attorneys. In a sealed case, an attorney

must email, mail, or hand-deliver a document to the Clerk’s Office to be

filed.

(2) Unrepresented Party.

(A) Registration for Email Filing and Electronic Notification. An

unrepresented party may register to email documents to the Clerk’s

Office for filing and to receive email notification of case activity.

(i) Form. To register, the party must send the Email Filing and

Electronic Notification Registration Form for Unrepresented

Parties to the Clerk’s Office. The form is available on the

court’s website, and it may be hand-delivered, mailed, or

emailed to the Clerk’s Office at

utdecf_clerk@utd.uscourts.gov.

(ii) Certification. By signing the form, the party certifies that:

(a) documents will be emailed to the court in the

appropriately sized PDF consistent with the

requirements in the ECF Procedures Manual;

(b) documents will meet the redaction requirements

outlined in DUCivR 5.2-1, or the party will email a

motion to file the documents under seal consistent

with DUCivR 5-3, to the Clerk’s Office for filing;

(c) an appropriate electronic signature, as outlined in the

ECF Procedures Manual, will be used on all

documents;

(d) the formatting requirements outlined in DUCivR 10-1

and the ECF Procedures Manual will be followed;

(e) consent is given to receive by email all filings that are

required to be served under Fed. R. Civ. P. 5(a) and

77(d) and Fed. R. Crim. P. 49;

(f) service by email constitutes service under the rules

identified in section 5-1(b)(2)(A)(ii)(e), and the right to

service by mail is waived;

(g) under Fed. R. Civ. P. 5, all documents will be served on

parties who are not served through the court’s

CM/ECF system using mail, hand-delivery, or some

other agreed-upon method;

(h) electronic notification requires a separate account

with Public Access to Court Electronic Records

(PACER), and PACER may require payment of fees to

view documents;

(i) a valid email address will be provided to receive court

communications and notices; and

(j) notification of any name, mailing address, or email

address changes will be immediately emailed to the

Clerk’s Office for filing.

(iii) Email Subject Line. When emailing documents to the Clerk’s

Office for filing, the subject line must include the case

number and document name.

(iv) Filing Date. Except for case-initiating documents, the filing

date for a document is the date the email is sent.

(v) Email Notification in All Cases. An unrepresented party who

registers to receive electronic notification of case activity will

automatically receive email notification in all cases in which

they are a party in this court.

(vi) Highly Sensitive Material. If a document contains highly

sensitive material, as defined in General Order 21-002, that

could be compromised by email transmission, then the

document must be hand-delivered or mailed to the Clerk’s

Office for filing.

(vii) Sanction. The court may, on its own or on a party’s motion,

revoke an unrepresented party’s ability to file by email

and/or receive electronic notice after a determination that

the privilege has been abused. If this occurs, the

unrepresented party will cease to receive email notification

of case activity in all cases in which they are a party.

Examples of circumstances when a party abuses the privilege

include repeatedly submitting:

(a) nonconforming documents or exhibits to the clerk for

filing;

(b) incomplete documents to avoid missing a deadline;

(c) documents that needlessly complicate the

proceedings or harass the court, the clerk, or the

opposing party; or

(d) documents containing viruses, worms, ransomware,

spyware, malware, or other files compromising the

security of the court’s computer systems.

(B) Registration for Electronic Notification (Without Email Filing). An

unrepresented party may register to receive electronic notification

of case activity without registering for email filing.

(i) Form. To register, the party must send the Email Filing

and Electronic Notification Registration Form for

Unrepresented Parties to the Clerk’s Office. The form is

available on the court’s website, and it may be hand-delivered, mailed, or emailed to the Clerk’s Office

(utdecf_clerk@utd.uscourts.gov).

(ii) Certification. In filing the form, the unrepresented party

consents to sections 5-1(b)(2)(A)(ii)(e)-(j) above.

(iii) Filing and Service. A party receiving electronic

notification must continue to file all documents in paper

and effectuate service consistent with the federal rules

and sections 5-1(b)(2)(A)(ii)(e)-(g) above.

(iv) Email Notification in All Cases. An unrepresented party

who registers to receive electronic notification of case

activity will automatically receive email notification in all

cases in which they are a party in this court.

(3) Filing Date. Except for complaint or case-initiating documents, the filing

date of an emailed document is the date the email is sent to the Clerk’s

Office.

(4) Highly Sensitive Material. If a document contains highly sensitive material,

as defined in General Order 21-002, that could be compromised by email

transmission, then the document must be hand-delivered or mailed to the

Clerk’s Office for filing.

(c) Revoking Email Filing or Electronic Notification.

To revoke email filing, electronic notification, or both, an unrepresented party

must send the Revocation of Email Filing or Electronic Notification Form for

Unrepresented Parties to the Clerk’s Office. The form is available on the court’s

website, and it may be hand-delivered, mailed, or emailed to the Clerk’s Office

(utdecf_clerk@utd.uscourts.gov). The Clerk’s Office will docket a notice that

email filing, electronic notice, or both, has been revoked. When electronic

notification has been revoked, documents must be served on an unrepresented

party in paper or as otherwise agreed or ordered.

(d) Paper Filing.

(1) Delivery. A document filed in paper must be delivered to the Clerk’s Office

in Salt Lake City as follows:

(A) in person during the business hours set forth on the court’s

website; or

(B) by mail.

(2) Receipt by Clerk’s Office. Upon receipt of a paper document, the Clerk’s

Office will place a receipt date stamp on the document. The document will

be electronically filed as of the receipt date stamp.

(3) Courtesy Copy. A party does not need to provide a courtesy copy unless

specified on the Judge Information section of the court’s website. A party

must clearly label any courtesy copy on the caption page.

(4) Service.

(A) Service on Unrepresented Parties. A party filing a paper document

must serve a copy on any unrepresented party who does not

receive electronic notification of case activity.

(B) Calculation of Dates.

(i) A paper served and filed by U.S. mail is timely if the

postmark is on or before the last day for filing or service,

regardless of the receipt date stamp.

(ii) If the postmark is illegible or missing, the paper document is

presumed served and filed 3 days before the court’s receipt

date stamp.

(iii) The deadline to respond to a filed paper document will be

calculated from the Clerk’s Office receipt date stamp.

(iv) This rule does not affect the response time to a document

that is not filed but is served on a party (e.g., a response to a

discovery request, which is controlled by the Federal Rules of

Civil Procedure).

(5) Retention of a Paper Document. The Clerk’s Office will not retain a paper

document after it has been electronically filed.

(e) Filing Deadline in Absence of Rule or Court Order.

When a filing deadline is not specified in an applicable rule or the court has not

set a deadline, a document related to a court proceeding must be filed a

minimum of 2 business days before the scheduled proceeding.