Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Authorization for Electronic Filing. A court may permit or
require electronic filing of legal paper. Any court that implements electronic
filing shall establish procedures governing such filing by local rule, which
shall not be inconsistent with the procedures set forth herein.
(b)
Electronic Filing of Legal
Paper.
(1) If implemented by court,
a filing party may file a legal paper with the clerk by means of electronic
filing.
(2) Any party may require
the filing party to file the original of a legal paper or exhibit by filing a
notice to file with the clerk and serving a copy of the notice upon the filing
party. The filing party shall file the specified document with the clerk within
14 days after service of the notice. The court for any reason may direct any
party to file the original of a legal paper or exhibit with the clerk within
the time specified in the order. Upon disposition of the matter before the
court, an original document may be returned to the party who filed it or
retained by the court, as the court may determine.
(c)
Signature, Verification and
Retention of Legal Paper.
(1) The
original legal paper shall be properly signed, and where required,
verified.
(2) The electronic filing
of a legal paper constitutes a certification by the filing party that the
original document was signed, and where applicable, verified.
(3) Unless retained by the court, the filing
party shall maintain the original of all documents so certified, together with
any exhibits filed, for 5 years after the final disposition of the
case.
(d)
Website
and Filing Date.
(1) The court shall
designate a website for the electronic filing of legal paper. A user name and
password shall be issued to authorized users.
(2) The court shall provide electronic filing
access at all times. The time and date of the filing shall be that registered
by the court's computer system.
(3)
The court shall provide, through its website, an acknowledgement from the clerk
that the filing has been processed. Such acknowledgement shall include the date
and time of filing in a form which can be printed for retention by the filing
party.
(e)
Delay
in Filing. A filing party shall be responsible for any delay,
disruption, or interruption of electronic transmission, and for the legibility
of the document electronically filed, except for delays caused by the failure
of the court's website. The filing party may petition the court to resolve any
dispute concerning an alleged failure of the court's website.
(f)
Fees.
(1) A filing party shall pay the fee for
electronically filing a legal paper as provided by the court.
(2) The court may assess an additional
automation fee for each legal paper electronically filed which shall be used
for the development, implementation, maintenance, and training in the use of
the court's electronic filing system and other related uses.
Note: Rule
4.7 is substantively identical to
former Rule
3.7, but has been relocated to
Chapter IV of these Rules.
