(a) Definitions.
The following definitions apply in the circuit rules.(2) ECF (Electronic Case Files) means the system maintained by the court for receiving and storing documents in electronic format.
(3) ECF Filer means an attorney or non-incarcerated pro se party who has registered and is therefore authorized to file documents electronically and to receive service through the ECF system.
(4) NDA (Notice of Docket Activity) is a notice generated automatically by the ECF system at the time a document is filed and a docket entry results. This notice sets forth the date of filing, the text of the docket entry, and the names of the attorneys or pro se parties required to receive notice of the filing. If a PDF document is attached to the docket entry, the NDA will also identify the person filing the document and the type of document, and will contain a hyperlink to the filed document. Any document filed by the court will similarly list those to whom electronic notice of the filing is being sent.
(5) PACER (Public Access to Court Electronic Records) is an electronic system that allows internet users to view, print, and download electronically maintained docket information and federal court documents.
(6) PDF (Portable Document Format) means a non-modifiable electronic file containing the “.pdf” file extension. Text-Searchable PDF means a PDF file generated from an original word-processing file rather than scanned.
(b) Electronic Filing by Attorneys.
Except as otherwise required by circuit rule or court order, all counsel of record must file documents electronically using the ECF system. Upon motion and a showing of good cause, the court may exempt an attorney from the electronic filing requirements and authorize filing and service by means other than the use of the ECF system. The motion, which need not be filed or served electronically, must be filed at least 14 days before the brief, petition, or other document is due. Also see 11th Cir. Rules 30-3 and 31-5.(c) Electronic Filing by Non-Incarcerated Pro Se Parties.
Non-incarcerated pro se parties are permitted to use the court’s ECF system. However, once a non-incarcerated pro se party has registered to use the ECF system, such party is required to do so unless the court grants the party’s request to not use the system or revokes the party’s permission upon a finding that the party has abused the privilege of using the ECF system.(d) Registration and Passwords.
To register as a user of the ECF system, an attorney or pro se party must submit to the PACER Service Center a completed ECF Registration form. An attorney must be a member of the Eleventh Circuit bar, admitted for a particular proceeding under 11th Cir. R. 46-3, admitted pro hac vice in a particular case, or appearing in a particular case as a pro se party. In addition to ECF registration, the attorney, the attorney’s firm, or the pro se party must have a PACER account and an e-mail address. The log-in and password for ECF access will be used to file documents electronically with the court.Upon receipt of the attorney or pro se party’s registration information from the PACER Service Center, the clerk will determine eligibility and activate the ECF Filer’s account. If a log-in and/or password should become compromised, the ECF Filer is responsible for notifying the PACER Service Center. An ECF Filer whose e-mail address, mailing address, telephone number, or fax number changes from that disclosed on the filer’s original ECF Registration form must promptly notify the PACER Service Center.
(e) Electronic Filing.
Documents must be filed and served electronically in accordance with these rules. Information and training materials related to electronic filing are available at www.ca11.uscourts.gov. Authorized use of an ECF Filer’s log-in and password by another is deemed to be the act of the ECF Filer. Later modification of a filed document or docket entry by the ECF Filer is not permitted except as authorized by the court. The clerk may edit the docket entry to correct or supplement the text. A notation will be made indicating the entry was edited. When a correction to an electronically filed document (e.g., motion, brief, or appendix) is necessary, the ECF Filer must upload the entire new document, and not just the corrected pages.All electronically filed documents must be in PDF form and must conform to all technical and format requirements established by the court and, if any, the Judicial Conference of the United States. Whenever possible, documents must be in Text-Searchable PDF and not created by scanning. The maximum size of a document that may be filed electronically is 50 MB (megabytes). If a document exceeds 50 MB, it must be filed in separate volumes, each not to exceed 50 MB.
In accordance with FRAP 25(a)(5) and 11th Cir. R. 25-5, an ECF Filer must redact all documents, including briefs, consistent with the privacy policy of the Judicial Conference of the United States. Remote electronic access to dockets in immigration, Social Security, and Railroad Retirement Act cases is limited. See FRAP 25(a)(5) and 11th Cir. R. 25-5. In this regard, remote electronic public access to the full record in these cases is restricted to judges, court staff, and the parties and attorneys in the appeal or agency proceeding. Access to orders and opinions is not restricted in these cases. Parties seeking to restrict access to orders and opinions must file a motion explaining why that relief is required in a given case.
(f) Service.
Registration to use the ECF system constitutes consent to receive electronic service of all documents as provided by the Federal Rules of Appellate Procedure and the circuit rules, as well as to receive electronic notice of correspondence, orders, and opinions issued by the court. The notice generated and e-mailed by the ECF system constitutes service of all electronically filed documents on attorneys and pro se parties registered to use the ECF system. Independent service, either by paper or otherwise, need not be made on those attorneys or parties and no certificate of service is required. Incarcerated pro se litigants, non-incarcerated pro se litigants who are not registered to file electronically or whose permission to file electronically has been revoked, and attorneys who are exempt from electronic filing must be served by the filing party through the conventional means of service set forth in FRAP 25 and a certificate of service is required.(g) Documents Exempted from Electronic Filing.
Unless otherwise directed by the court, the following documents must not be filed through the ECF system:(2) a document filed under seal or requested to be filed under seal;
(3) a document classified as a highly sensitive document;
(4) any documents pertaining to a request for authorization, a claim for compensation, or a claim for reimbursement of expenses under the Criminal Justice Act and Addendum Four that are not otherwise appropriate for submission through the eVoucher system; and
(5) a voucher and associated documents pertaining to a claim for reimbursement of expenses under Addendum Five.
(h) Documents Under Seal.
Documents filed under seal in the court from which an appeal is taken will continue to be filed under seal on appeal to this court. A motion to file documents under seal may be filed electronically unless prohibited by law, circuit rule, or court order. The sealed documents or documents requested to be sealed must not be attached to the motion. Documents requested to be sealed must be submitted in paper format in a sealed envelope, and must be received by the clerk within 10 days of filing the motion. The face of the envelope containing such documents must contain a conspicuous notation that it contains “DOCUMENTS UNDER SEAL” or substantially similar language. See also 11th Cir. R. 25-5.(i) Filing Deadlines.
An electronically filed document is deemed filed upon completion of the transmission and issuance of an NDA. The uploading of an incorrect document, or the filing of a document in the wrong case, does not constitute compliance with filing deadlines. In the event an ECF Filer uploads an incorrect document, or files a document in the wrong case, the clerk will send the ECF Filer notice of the error. If the ECF Filer corrects the error within 5 days of the clerk’s notice, a motion to file the document out of time is not required. Otherwise, the ECF Filer must also electronically file in the case a motion to file the document out of time.An ECF Filer whose filing is untimely as the result of a technical failure may seek appropriate relief from the court. Technical issues such as log-in and password questions, and creating and uploading PDF documents, should be directed to the PACER Service Center help desk. Procedural questions concerning how to docket a specific event should be directed to the Eleventh Circuit ECF help desk. This includes any instance in which an ECF Filer has transmitted a document to the ECF system and did not thereafter receive an NDA.
(j) Electronic Filing and Service by the Clerk.
The electronic filing of any document by the clerk of court or a deputy clerk by use of that individual’s log-in and password shall be deemed the filing of a signed original document for all purposes. Service by the clerk on an obsolete e-mail address will constitute valid service on an ECF Filer if the filer has failed to notify the PACER Service Center of a new e-mail address.(k) Entry on the Docket and Official Court Record.
The electronic transmission of a document, together with transmission of the NDA from the court, constitutes the filing of the document under the Federal Rules of Appellate Procedure and constitutes the entry of that document onto the official docket of the court maintained by the clerk pursuant to FRAP 45(b)(1). The electronic version of filed documents, whether filed electronically in the first instance or received by the clerk in paper or other format and subsequently scanned or converted into electronic format, constitutes the official record in the case. When the clerk scans a paper document into the ECF system, the clerk will discard the paper document once it has been scanned and made a part of the official record, unless the electronic file thereby produced is incomplete or of questionable quality. A document submitted electronically is deemed to have been filed on the date indicated in the system-generated NDA.Except as otherwise provided by circuit rule or court order, all orders, opinions, judgments, and other court-issued documents in cases maintained in the ECF system are filed in accordance with the circuit rules, which constitutes entry on the docket kept by the clerk, and are served on ECF Filers electronically. Any order or other court-issued document filed electronically without the original signature of a judge or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper copy of the document.
