USC - Filing and Service; Signature

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 clerk of the district court or BAP. Except as provided in subdivision (a)(2)(A)(ii) and (iii), filing is timely only if the clerk receives the document within the time fixed 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

• dispatched to a third-party commercial carrier for delivery within 3 days to the clerk.

(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 Rule 8011(a)(2)(A)(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 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 Rule 8011(a)(2)(A)(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 good 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)Copies. If a document is filed electronically, no paper copy is required. If a document is filed by mail or delivery to the district court or BAP, no additional copies are required. But the district court or BAP may require by local rule or by order in a particular case the filing or furnishing of a specified number of paper copies.

(3)Clerk’s Refusal of Documents. The court’s clerk must not refuse to accept for filing any document transmitted for that purpose 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. 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.

(1)Nonelectronic Service. Nonelectronic service may be by any of the following:

(A) personal delivery;

(B) mail; or

(2)Electronic Service. Electronic service may be made by sending a document to a registered user by filing it with the court’s electronic-filing system or by using other electronic means that the person served consented to in writing.

(3)When Service Is Complete. 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. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier.

(d) Proof of Service.

(1)What Is Required. 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 acknowledgment 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. The district or BAP clerk may permit documents to be filed without acknowledgment or proof of service, but must require the acknowledgment or proof to be filed promptly thereafter.

(3)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. Every document filed electronically must include the electronic signature of the person filing it or, if the person is represented, the electronic signature of counsel. 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. Every document filed in paper form must be signed by the person filing the document or, if the person is represented, by counsel.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018.)