When Paper Documents Are Required
Civil Local Rule 5.2 provides the court’s requirements for manual filings of paper documents or other physical items.
If you are an e-filer in a case, you should only manually file a document if it cannot be e-filed for some reason, such as the instances described below. If you must manually file an item, you are also responsible for serving opposing counsel and providing a Proof of Service (which you can then e-file).
Until further notice, all local rules requiring a “courtesy copy” or “chambers copy” have been suspended, unless required by a judge’s standing order or requested by the assigned judge.
When manually filing a document in an e-filing case, you should also e-file a Manual Filing Notification (MFN) in place of the physical document. You should use the MFN as a cover page for the manually-filed document.
You plan to file a Motion to Dismiss with Exhibit A (a 50-page contract) and Exhibit B (a 900-page copy of a book). You will: (1) create a PDF copy of the Motion in MS Word or another word processing program; (2) scan the 50-page Exhibit A into a PDF file; and (3) create a MFN for Exhibit B, the 900-page book.
When you e-file, select Motion to Dismiss and tell the system you have attachments to the Motion. On the attachments page, you will e-file the Exhibit A PDF file (and call it “Exhibit A”), then submit the MFN PDF document in place of of the “real” 900-page Exhibit B.
In doing this, the docket will be accurate and complete. The only anomaly will be that instead of a 900-page book in Exhibit B, PACER users will see the MFN and know they need to come to the courthouse to access the physical document.
Please do not e-file the MFN as a “Notice” of any activity. The MFN is meant to be a place-holder (like an index card) for the real filing, not an event unto itself.
Creating a Manual Filing Notification
To create a Manual Filing Notification, copy the following text and insert it in your standard pleading template (check off any that apply):
Manual Filing Notification
Regarding: __(insert docket text or filing information here)_________________
This filing is in paper or physical form only, and is being maintained in the case file in the Clerk’s office. If you are a participant in this case, this filing will be served in hard-copy shortly. For information on retrieving this filing directly from the court, please see the court’s main web site at http://www.cand.uscourts.gov under Frequently Asked Questions (FAQ).
This filing was not e-filed for the following reason(s):
- Unable to Scan Documents
- Physical Object (please describe):
- Non-Graphic/Text Computer File (audio, video, etc.) on CD or other media
- Item Under Seal in Criminal Case
- Other (please describe):