W.D. Va. Gen. R. 7

Pursuant to the authority granted by Federal Rules of Civil Procedure 5(d) (3) and 83, and

Federal Rule of Criminal Procedure 57, the following practices and procedures apply to filing,

signing, and verifying documents by electronic means:

(a) Implementation of Procedures by Clerk. The Clerk is authorized to implement

and publish Administrative Procedures for Filing, Signing, and Verifying Pleadings

and Papers by Electronic Means (“electronic filing procedures”), as amended from

time to time, including the procedure for registration of attorneys and for

distribution of user login identifications and passwords to permit electronic filing

and notice of pleadings and other papers.

(b) Case Management/Electronic Case Files. The official court record in all cases

shall be the electronic file maintained in the Court’s Case Management/Electronic

Case Files (“CM/ECF”) servers together with any paper attachments and exhibits

filed in accordance with the electronic procedures.

(c) Signatures. The electronic filing of a petition, pleading, motion, or other paper

by an attorney who is a registered participant in this Court’s CM/ECF system shall

constitute the signature of that attorney under Federal Rule of Civil Procedure 11

and for all other purposes.

(d) Use of Passwords. No attorney shall knowingly permit or cause to permit the

attorney’s password to be utilized by anyone other than an authorized employee of

the attorney or the attorney’s law firm. No person shall knowingly utilize or cause

another person to utilize the password of a registered attorney unless such person

is an authorized employee of that attorney’s law firm.

(e) Entry of Pleadings and Other Papers on the Docket. The electronic filing of a

pleading or other paper in accordance with the electronic filing procedures shall

constitute entry of that pleading or other paper on the docket kept by the Clerk

under Federal Rule of Civil Procedure 79 and Federal Rule of Criminal Procedure

55.

(f) Entry of Orders and Other Proceedings on the Docket. The Clerk or chambers

staff at the direction of the judge to whom a case is assigned shall enter all orders,

decrees, judgments, and proceedings of the Court in accordance with the electronic

filing procedures, which shall constitute entry of the order, decree, judgment, or

proceeding on the docket kept by the Clerk under Federal Rule of Civil Procedure

58 and Federal Rule of Criminal Procedure 55.

(g) Service.

(1) Notice of Electronic Filing. Whenever a pleading or other paper is filed

electronically in accordance with the electronic filing procedures, the

Court’s CM/ECF system shall serve the filing party with a “Notice of

Electronic Filing” by electronic means at the time of docketing.

(2) Persons Entitled to Service. The filing party shall serve the pleading or

other paper upon all persons entitled to notice or service in accordance with

the applicable rules, or, if service by first class mail is permitted under the

rules, the filing party may make service on registered participants in the

Court’s CM/ECF system in accordance with sub-paragraph three below.

(3) Service to Registered Participants of CM/ECF. If the recipient of notice

or service is a registered participant in the Court’s CM/ECF system, service

by electronic means of the “Notice of Electronic Filing” with a hyperlink to

the document shall constitute proper service.

(4) Service Complete on Transmission. Service by electronic means is

complete on transmission.

(5) Ineffective Electronic Service. Service by electronic means is not

effective if the party making service learns that the attempted service did

not reach the person to be served.

(h) Consent to Service and Notice by Electronic Means. Participation in this

Court’s CM/ECF system by receipt of a user login identification and password from

the Court shall constitute a request for and consent to service and notice

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

Rule of Criminal Procedure 49. Participants in the CM/ECF system, by receiving

a user login identification and password from this Court, agree to receive service

by electronic means.

(i) Electronic Filing Required. All attorneys must file all documents electronically,

unless otherwise authorized by the presiding judge in a particular case or the

applicable electronic filing procedures.