Rule 9 - Electronic Service Through an EFS(a)Filing and Service Upon Submission.(1)In General. Any document electronically submitted to an EFS for filing must be automatically filed and simultaneously served under Rule 10, upon submission, except for documents that initiate a new case and documents that may require a filing fee pursuant to NRS Chapter 19. Upon receipt/acceptance of payment and approval by the clerk, the documents shall then be filed and simultaneously served through the EFS pursuant to Rule 10.(2)Notice to the Registered User. Upon receipt, filing, and service of the submitted document, the EFS must notify the registered user that the document was received, filed, and served depending on what notice options the registered user chose or are available in the EFS; indicate the date and time of the document's filing; and provide all registered users receiving service under Rule 10(b) with access to the filed document. Absent confirmation of receipt, filing, and service, there is no presumption that the EFS received the document. The registered user is responsible for verifying that the EFS received the document submitted.(b)Review by the Clerk.(1)In General. After a document is filed, the clerk will review the document to determine whether it conforms to the applicable filing requirements. A document that does not conform to the applicable filing requirements is a nonconforming document. Documents that initiate a new case or that require a filing fee pursuant to NRS Chapter 19, can be reviewed to determine whether they conform with the applicable filing requirements at the time of clerk approval prior to being filed and served by the EFS.(2)Nonconforming Documents; Notice, Striking Documents.(A) If the clerk determines that a document is nonconforming, the clerk must notify the registered user of the nonconformity and allow the registered user an opportunity to cure the nonconformity. Unless the court orders otherwise, the registered user may cure the nonconformity by submitting a conforming document within 7 days' notice by the clerk. Once the conforming document is filed, the court must notify the registered user and all registered users receiving service under Rule 10(b).(B) If the clerk determines that a document is nonconforming for being filed in the wrong court, the clerk must forward any filing to the correct court and notify the registered user of the forward.(C) On motion by a party or on its own motion, the court may strike a nonconforming document. If the court strikes a nonconforming document, the EFS must notify the registered user who submitted the nonconforming document and all registered users receiving service under Rule 10(b). The registered user may cure the nonconformity by submitting a conforming document within 7 days' notice by the EFS. Once the conforming document is filed, the court must notify the registered user and all registered users receiving service under Rule 10(b).(3)Local Rules. A court may adopt local rules consistent with these rules and any other applicable court rules, defining what constitutes a nonconforming document. The local rules may also specify which nonconforming documents the clerk is authorized to strike.(c)Endorsement. Filed electronic documents must be endorsed by the clerk. The clerk's endorsement of an electronic document must contain the following: "Electronically Filed/Date and Time/Name of Clerk." This endorsement has the same force and effect as the clerk's manually affixed endorsement stamp.(d)Time of Filing.(1) Any document electronically submitted by 11:59 p.m, at the court's local time is deemed to be filed on that date.(2) For any questions of timeliness, the date and time registered by the EFS when the document was electronically submitted is determinative and serves as the filing date and time for purposes of meeting any statute of limitations or other filing deadlines, regardless of whether nonconformities exist or are cured.(3) If the court or clerk strikes a nonconforming document, questions of timeliness are determined by the date and time that the registered user resubmits the document to the electronic filing system, unless the court orders otherwise.(e)Availability of an EFS. An EFS must allow submission of documents 24 hours per day, seven days per week, except when the EFS is down for scheduled maintenance or is experiencing technical difficulties.Nev. R. Elec. Fil'g. & Conv. 9
Adopted December 31, 2018, effective 3/1/2019; amended June 26, 2024, effective 7/26/2024.