Rule 8011. Filing and Service; Signature
(a) Filing.
(1)With the Clerk. A document required or permitted to be filed in a district court or BAP must be filed with the clerk of that court.
(2)Method and Timeliness.
(A)Nonelectronic Filing.
(i) In General. For a document not filed electronically, filing may be accomplished by mail addressed to the district or BAP clerk. Except as provided in (ii) and (iii), filing is timely only if the clerk receives the document within the time set for filing.
(ii) Brief or Appendix. A brief or appendix not filed electronically is also timely filed if, on or before the last day for filing, it is:
• mailed to the clerk by first-class mail—or other class of mail that is at least as expeditious—postage prepaid; or
(iii) Inmate Filing. If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this item (iii). A document not filed electronically by an inmate confined in an institution is timely if it is deposited in the institution’s internal mailing system on or before the last day for filing and:
• it is accompanied by a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out the date of deposit and stating that first-class postage is being prepaid; or by evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or
• the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies this item (iii).
(B)Electronic Filing.
(i) By a Represented Person—Generally Required; Exceptions. An entity represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for cause or is allowed or required by local rule.
(ii) By an Unrepresented Individual—When Allowed or Required. An individual not represented by an attorney:
• may file electronically only if allowed by court order or by local rule; and
• may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.
(iii) Same as a Written Paper. A document filed electronically is a written paper for purposes of these rules.
(C)When Paper Copies Are Required. No paper copies are required when a document is filed electronically. If a document is filed by mail or by delivery to the district court or BAP, no additional copies are required. But the district court or BAP may, by local rule or order in a particular case, require that a specific number of paper copies be filed or furnished.
(3)Clerk’s Refusal of Documents. The court clerk must not refuse to accept for filing any document solely because it is not presented in proper form as required by these rules or by any local rule or practice.
(b)Service of All Documents Required.1
1 So in original. The span probably should not be italicized.
Unless a rule requires service by the clerk, a party must, at or before the time of the filing of a document, serve it on the other parties to the appeal. Service on a party represented by counsel must be made on the party’s counsel.(c) Manner of Service.
(1)Nonelectronic Service. Nonelectronic service may be by any of the following:
(A) personal delivery;
(B) mail; or
(C) third-party commercial carrier for delivery within 3 days.
(2)Service By Electronic Means. Electronic service may be made by:
(A) sending a document to a registered user by filing it with the court’s electronic-filing system; or
(B) using other electronic means that the person served consented to in writing.
(3)When Service Is Complete. Service by mail or by third-party commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on filing or sending, unless the person making service receives notice that the document was not received by the person served.
(d) Proof of Service.
(1)Requirements. A document presented for filing must contain either of the following if it was served other than through the court’s electronic-filing system:
(A) an acknowledgement of service by the person served; or
(B) proof of service consisting of a statement by the person who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) the mail or electronic address, the fax number, or the address of the place of delivery—as appropriate for the manner of service—for each person served.
(2)Delayed Proof of Service. A district or BAP clerk may accept a document for filing without an acknowledgement or proof of service, but must require the acknowledgment or proof of service to be filed promptly thereafter.
(3)For a Brief or Appendix. When a brief or appendix is filed, the proof of service must also state the date and manner by which it was filed.
(e) Signature Always Required.
(1)Electronic Filing. Every document filed electronically must include the electronic signature of the person filing it or, if the person is represented, the counsel’s electronic signature. A filing made through a person’s electronic-filing account and authorized by that person—together with that person’s name on a signature block—constitutes the person’s signature.
(2)Paper Filing. Every document filed in paper form must be signed by the person filing it or, if the person is represented, by the person’s counsel.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)