Rule 25 - Filing and Service(a) Filing. (1) Filing with the Clerk. A document required or permitted to be filed in this court must be filed with the Clerk.(2) Electronic Filing and Signing. The following rules apply to electronic filing in this court. (A) In General. Except as otherwise provided by court rule or order, all documents filed in this court must be filed electronically under procedures established by the court.(B) Registration Requirement. All attorneys making an appearance in a case in this court must register for the court's efiling system under procedures established by the court.(C) Self-represented Parties Who are Not Attorneys are Not Required to File Electronically. A party who is representing himself or herself in a case, who is not an attorney, and who has not otherwise registered for the court's efiling system, is not required to file documents electronically in that case. Such a party may choose to register for the court's efiling system. A party who has registered for the court's efiling system must file documents electronically. A party who is an attorney, even if proceeding pro se, must register for the court's efiling system and file documents electronically.(D) Materials as to Which Electronic Filing Is Not Reasonably Feasible. Exhibits, attachments, or appendix materials that are of a size, shape, or format that does not reasonably permit electronic filing, or that are illegible when put into an electronic format, may be filed in paper or other appropriate form.(E) Format. Documents filed electronically must be in a format approved by the court. Approved formats include PDF, RTF, TIFF, DOC, and DOCX. The court discourages (but does not prohibit) the submission of electronic files created by the scanning of paper documents. For reasons of image quality, the court prefers electronic files originating from word-processing software.(F) Signatures. The person under whose name and password a document is electronically filed must sign the document. A document may be signed either typographically, in the format "s/attorney's name," or by means of a scanned handwritten signature. All other necessary signatures must be provided either in one of the preceding formats or through a representation by the filer that other signatories have authorized the filer to sign on their behalf.(G) When Filed. An electronically filed document that was timely submitted and is accepted for filing will be deemed to have been filed at the time the document was submitted to the efiling system. Unless the court has set a different time for filing, a filed document that is submitted before midnight Eastern Time will be deemed timely filed on the date of filing. A document that is filed on a day when the court is closed will be deemed to have been filed on the next day on which the court is open.(H) Consent to Electronic Service and Notice. Registration for the court's efiling system constitutes consent to electronic service and notice of case-related documents and orders. For all parties who have consented to electronic service and notice, the corresponding electronic notice generated by the court's efiling system constitutes personal service of a filed document or notice of a ruling. For any party who has not consented to electronic service, or for documents that are not filed electronically, service or notice must be effected in accordance with Rules 25, 31, and 36.(I) Exemption by Court. Upon showing of good cause, the court may exempt a party from otherwise applicable efiling requirements.(J) Technical Errors. A party whose document is not filed as a result of technical error may seek appropriate relief from the court. If the efiling system is unavailable for a substantial period on a given day so as to prevent filing on that day, any document filed the next available day will be deemed to have been filed on the day that the efiling system became unavailable.(K) Proper Use of Efiling System. The court's efiling system may be used only for case-related purposes. All users of the court's efiling system must comply with the procedures established by the court in this rule and in the terms and conditions for use of the efiling system.(L) Ex Parte, Sealed, Expedited, and Emergency Filings. Any document being filed ex parte or under seal shall be so designated. An expedited or emergency filing must be so designated, both when submitting the document to the efiling system and on the first page of the document.(3) Nonelectronic Filing. (A) In General. For a document not filed electronically, filing may be accomplished by mail addressed to the Clerk, but filing is not timely unless the Clerk receives the document within the time fixed for filing.(B) 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 25(a)(2)(B). A document filed by an inmate is timely if it is deposited in the institution's internal mail system on or before the last day for filing and: (i) 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 document was so deposited and that postage was prepaid; or(ii) the court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies Rule 25(a)(2)(A)(ii).(b) Service of all Documents Required. Unless a rule requires service by the Clerk, a party must, at or before the time of filing a document, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party's counsel.(c) Manner of Service. (1) Electronic. Electronic service of a document may be made by sending it to a registered user through the court's electronic filing system or sending it by other electronic means, such as email, that the person to be served consented to in writing.(2) Nonelectronic. Parties who are not required to file electronically may serve filings by any of the following means:(A) personal service, including delivery to a responsible person at the office of counsel;(C) third-party commercial carrier for delivery within 3 calendar days.(3) Request for Expedited or Emergency Consideration. A request for expedited or emergency consideration by this court must be electronically served or, for those not required or able to serve electronically, personally served on all counsel and any party not represented by counsel.(4) Expeditious Manner. When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the document with the court.(5) By Mail or Commercial Carrier. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on transmission, unless the party making service is notified that the document was not received by the party served.(d) Proof of Service.(1) In General. A document presented for filing must contain either of the following: (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 addresses, facsimile numbers, or addresses of the places of delivery, as appropriate for the manner of service.(2) On or Accompanying the Document Filed. Proof of service may appear on or accompany the document filed.(e) Non-acceptance of Documents by Clerk. If any document is not accepted by the Clerk for filing, the Clerk must promptly notify the persons named in the certificate of service.Amended by Order dated November 30, 2016, effective 11/30/2016; amended temporarily effective 3/17/2020.