Free Policies & Procedures Manual - Oklahoma

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

www.okwd.uscourts.gov

POLICIES & PROCEDURES MANUAL

ELECTRONIC FILING

POLICIES AND PROCEDURES FOR FILING, SIGNING, AND VERIFYING PLEADINGS AND PAPERS BY ELECTRONIC MEANS CIVIL AND CRIMINAL CASES

Cite as: ECF Policies & Procedures Manual, §

(May 30, 2006).

May 30, 2006

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA
www.okwd.uscourts.gov

ELECTRONIC FILING FOR CIVIL AND CRIMINAL CASES

POLICIES & PROCEDURES MANUAL
TABLE OF CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Electronic Filing System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. User Logins and Passwords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Electronic Filing and Service of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 C. Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 D. Title of Docket Entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 E Filing Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 F. Technical Failures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 G. Orders and Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 H. Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Conventional Filing of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 A. Documents to Be Filed Under Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 B. Pro Se Litigants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 C. Social Security Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 D. Habeas and Prisoner Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 E. Service of Conventionally Filed Documents . . . . . . . . . . . . . . . . . . . . . . . 2 6 Public Access to the ECF System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 A. Public Access at the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 B. Remote Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 C. Conventional Copies and Certified Copies . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8

II.

III.

IV.

V.

May 30, 2006

POLICIES AND PROCEDURES FOR FILING, SIGNING, AND VERIFYING PLEADINGS AND PAPERS BY ELECTRONIC MEANS CIVIL AND CRIMINAL CASES INTRODUCTION It is the policy of the United States District Court for the Western District of Oklahoma to require attorneys and other permitted registrants to file papers with the Court electronically over the Internet, except as may be stated in these policies. Parties will be able to view dockets and many documents electronically through the PACER system, regardless of their participation in the Electronic Case Filing ("ECF") System. LCvR5.1 and LCrR49.1 authorize electronic filing in accordance with Fed. R. Civ. P. 5(e) and Fed. R. Crim. P. 49(d). The following policies and procedures govern electronic filing in this District unless, due to circumstances in a particular case, the assigned judge determines that these policies and procedures should be modified. I. A. ELECTRONIC FILING SYSTEM GENERAL POLICY. With limited exceptions, all papers submitted for filing in this Court in civil and criminal cases, no matter when a case was originally filed, shall be filed electronically using the ECF System. 1. Pro Se Litigants. Litigants proceeding pro se (without attorney

representation) may not file electronically.

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2.

Juvenile Criminal Matters. Juvenile criminal matters shall not be filed

electronically unless authorized by the Court. 3. Cases Filed Under Seal. A case filed under seal may not be filed

electronically and will be maintained in paper form unless the assigned judge orders the case unsealed. 4. Conventional Filing. For cause shown, an attorney may apply to the assigned

judge for permission to file documents conventionally. Even if permission to file papers conventionally is granted, that permission may be withdrawn at any time. 5. Modifications and Amendments of ECF System Procedures. The assigned

judge may modify these procedures in specific cases without prior notice, if deemed appropriate. The Court may also amend these procedures at any time without prior notice. Modifications and amendments to ECF System procedures will be posted on the Court's website at www.okwd.uscourts.gov. B. REGISTRATION. Only those persons registered with the Court's ECF System will be able to electronically file papers with the Court. A participant's registration with the ECF System shall constitute a waiver of conventional service of papers. 1. Who May Register. Only attorneys who are admitted to practice in the

Western District of Oklahoma or others authorized by the Court (e.g., receivers, mediators, those admitted pro hac vice, etc.) may register for access to the Court's ECF System.
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2.

How to Register. a. To register, complete and sign an official ECF Registration Form,

which is available as a fillable form on the Court's website at www.okwd.uscourts.gov. b. to: ECF Registration Office of the Court Clerk United States District Court for the Western District of Oklahoma 200 N. W. 4th Street, Room 1210 Oklahoma City, OK 73102 3. E-mail Address. The e-mail address for service listed in the Registration Form All signed original ECF Registration Forms shall be mailed or delivered

will be the address required by Fed. R. Civ. P. 5, Fed. R. Civ. P. 77(d), and Fed. R. Crim. P. 49(c) for service, and transmission through the ECF System to that address of a Notice of Electronic Filing ("NEF") will constitute service. The registrant may also provide two (2) additional e-mail addresses to which courtesy copies of ECF notices will be sent. 4. Changes of Address. If an ECF registrant's primary e-mail address, mailing

address, telephone, or fax number listed on the original ECF Registration Form changes, notice of the change shall be timely filed and served on all other parties using the Attorney Change of Address Form. A model form is on the Court's website at www.okwd.uscourts.gov/forms.htm. C. USER LOGINS AND PASSWORDS.

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Each person permitted by the Court to register will be given an ECF System User Login and Password for the Western District of Oklahoma. This User Login and Password permits participation in electronic filing. The combination of this User Login and Password will serve as the registrant's official signature for purposes of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and any applicable statute or regulation of the United States. 1. Attorneys in Good Standing. The Court will issue passwords only to

attorneys in good standing. To be in good standing, an attorney must meet the requirements of LCvR83.2 and LCrR57.2. 2. Password for a Pro Hac Vice Registrant. An attorney admitted pro hac vice

must register for a User Login and Password specific to this Court in accordance with these Policies and Procedures. 3. Responsibility. Once registered, the registrant is responsible and accountable

for all documents filed with that User Login and Password. 4. Security. No registrant shall permit the User Login and Password to be

utilized by anyone other than persons specifically authorized by the registrant. If a Password is believed to be compromised, the registrant must notify the Clerk's Office during normal office hours by telephone at 1-405-609-5555 or toll free at 1-888-6096593 or by e-mail at [email protected] and change the Password immediately using the ECF System's utility menu.

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5.

Approval as ECF User. Upon receipt of a User Login and Password, the

registrant may begin filing papers electronically with the Court. The Clerk will mail the User Login and Password information by regular, first-class mail. 6. Change of Password. After registering, registrants should change their

passwords as necessary using the ECF System's utility menu. II. A. ELECTRONIC FILING AND SERVICE OF DOCUMENTS FILING. 1. General Rules. a. The official Court record shall be the electronic file maintained by the

Clerk and any documents or exhibits filed conventionally. b. All motions, pleadings, briefs, memoranda of law, or other documents

in civil and criminal cases shall be electronically filed on the ECF System except the following: i. All charging documents in criminal cases (including the

complaint, information, and indictment); ii. iii. iv. v. vi. All documents signed by a defendant in a criminal case; Criminal Justice Act vouchers; Ex parte submissions to the Court; Documents or cases to be filed under seal; Pleadings and other papers filed pro se;

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vii. viii. ix. x.

State court records and transcripts in habeas matters; Administrative records and transcripts; Bankruptcy records on appeal; Documents larger than five (5) megabytes when converted to

.pdf format that cannot be separated into less than five megabyte segments; xi. xii. Original official transcripts of Court proceedings; Emergency matters at the discretion of the Clerk.

Leave of Court is not required to conventionally file any document listed above; however, the filer (if not Court staff) must electronically file a Notice of Conventional Filing. A model form is on the Court's website at

www.okwd.uscourts.gov/forms.htm. c. The following documents will be scanned and retained in paper form:

all charging documents in criminal cases; all documents signed by a defendant in a criminal case; and pleadings and other papers filed pro se. The following documents will not be scanned or available on the ECF System, but will be retained only in paper form: documents or cases filed under seal; state court records and transcripts in habeas matters; administrative records and transcripts; bankruptcy records on appeal; documents larger than five megabytes that cannot be separated into five megabyte segments; and original

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official transcripts of Court proceedings. Ex parte submissions to the Court will be scanned, but an NEF will not be generated. d. E-mailing a document to the Clerk or to the assigned judge shall not

constitute "filing" of the document. An electronically filed document shall not be considered filed for purposes of the Federal Rules of Civil or Criminal Procedure until an ECF System-generated NEF is transmitted to the filer. e. Electronically filed documents must meet the requirements of the

Federal Rules of Civil and Criminal Procedure and this Court's Local Rules. f. ECF registrants may file papers 24 hours a day, seven days a week.

Filing a paper electronically does not, however, alter the filing deadline for that paper. If the assigned judge has ordered the pleading or other paper to be filed by a time certain, it must be filed by that time. Otherwise, a filing must be completed before 6:00 p.m. Central time on the date it is due (excluding weekends, holidays, and days when the Clerk's Office is closed) to be considered timely filed.

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2.

Initiating Documents in Civil Cases. a. All Initiating Documents (i.e., complaints, notices of removal, state

court filings in removal cases, applications to proceed in forma pauperis, miscellaneous proceedings, praecipes, summonses, and civil cover sheets) shall be submitted as separate .pdf files to the following e-mail address: [email protected]. Only Initiating Documents may be sent to this e-mail address. If subsequent summonses are needed after a case has been opened, the praecipe should be electronically filed and summonses should be sent to the new cases e-mail address. b. If the Initiating Documents are not in digital format the filer must scan

the Initiating Documents and e-mail them as separate .pdf files to [email protected]. c. Upon receipt of an Initiating Document, the Clerk's Office will contact

the filing party regarding payment of the filing fee. New civil cases will be deemed filed as of the date they are received in [email protected] provided all papers submitted for filing are received by 6:00 p.m., are in proper format, and arrangements for payment of the filing fee are promptly made. d. The party requesting summons must complete the praecipe and the top

portion of the summons form. e. A party may not electronically serve the summons and complaint, but

instead must perfect service according to Fed. R. Civ. P. 4.
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3.

Filing Fees. a. Any fee required for filing a pleading or other paper is payable to the

Clerk by credit card, check, money order, or cash. The Clerk will not maintain electronic billing or debit accounts. b. Upon receipt of a notice of appeal or other paper requiring payment of

a fee, the Clerk's Office will contact the filing party regarding payment of the filing fee. 4. Exhibits, Attachments, & Appendices. a. Exhibits, attachments, and appendices that are filed electronically shall

be submitted as separate attachments to the pleading or other paper and shall be clearly labeled with the appropriate exhibit number (i.e., Exhibit 1, Exhibit 2). Do not use alphabetical or alpha-numeric designations for exhibits. A description of the numbered exhibit must be provided in the docket entry (i.e., Exhibit 15: January 2004 Contract). b. All documents in removed actions shall be submitted to the new cases

mailbox as separate .pdf files and shall be clearly labeled. Within one (1) business day after the case is opened, the removing party shall file a Notice of Pending Motions indicating what motions, if any, were pending in state court at the time of removal. c. Exhibits, attachments, and appendices that are not available in or

convertible to electronic form must be filed conventionally. In addition, as the
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ECF System automatically rejects filings that are greater than five megabytes, documents that exceed five megabytes when converted to electronic form must be filed conventionally. To the extent possible, however, the filer should separate documents that are greater than five megabytes into smaller segments (i.e., Exhibit 1 - Volume 1; Exhibit 1 - Volume 2). Whenever a document or item is conventionally filed by an ECF registrant, the filer shall electronically file a Notice of Conventional Filing. A model form is on the Court's website at www.okwd.uscourts.gov/forms.htm. 5. Oversized Documents. If an electronically filed document, together with

attachments, exhibits, or appendices, exceeds 40 pages, the filer shall deliver one (1) paper copy of the document to the Clerk's Office within one (1) business day of the date of filing (excluding weekends, holidays, and days when the Clerk's Office is closed), unless the filer's office is located more than 50 miles from the courthouse, in which case the courtesy copy shall be delivered to the Clerk's Office within three (3) business days of the date of filing. If the document is too large to staple, it should be bound at the left-hand margin in a manner that will permit it to be opened flat. B. SERVICE. 1. Service Through the ECF System. a. Whenever a pleading or other paper is filed electronically in accordance

with these procedures, the ECF System will transmit an NEF to the filing party

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and any other party who is a registered participant of the ECF System. No NEF will be generated for ex parte matters. b. NEFs will not be transmitted to an attorney who has been permitted to

withdraw from a case until unless that attorney notifies the Clerk's Office by e-mail at [email protected] to continue such service. c. If the recipient is a registered participant of the ECF System, the ECF

System's transmission of the NEF shall be the equivalent of service of the pleading or other paper by mail. 2. Service by Conventional Means. a. A party who is not a registered participant of the ECF System is entitled

to a paper copy of any electronically filed pleading, paper, or order. The filing party must provide non-registered parties with a copy of the pleading or other paper in accordance with the Federal Rules of Civil or Criminal Procedure. b. Counsel may serve any electronically filed pleading or paper on a party

who is not a registered participant by e-mail, if the recipient has consented to such service in writing. c. A party who files a pleading or other paper on a date the case is

scheduled for trial or hearing must ­ at the commencement of the proceedings ­ provide a copy of that filing to the Court and any other party involved in the trial or hearing.

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3.

Certificate of Service. A certificate of service is still required when a party

files any pleading or other paper electronically. The certificate must state the manner in which service or notice will be accomplished. Sample language for a certificate of service is on the Court's website at www.okwd.uscourts.gov/forms.htm. 4. Time. The Federal Rules of Procedure apply to service by electronic means.

The three additional days provided by the Federal Rules of Civil and Criminal Procedure do not apply to responses to motions as the response time is calculated from the date of filing. See Local Court Rules. C. SIGNATURES. 1. Attorney Signature. a. A pleading or other paper requiring an attorney's signature shall be

signed by at least one attorney of record above the signature block in one of the following ways: (1) with an original signature that is then scanned; (2) with an electronic signature; or (3) with "s/ (attorney name)." The correct format for an attorney signature is as follows:

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Scanned Signature or Electronic Signature or s/ Attorney Name Attorney Name Bar Number: xxxx Attorney for (Plaintiff/Defendant) ABC Law Firm xxx South Street Oklahoma City, OK 73102 Telephone: (xxx) xxx-xxxx Fax: (xxx)xxx-xxxx E-mail Address for Service b. Users are cautioned that some proprietary secure signature applications

are incompatible with the ECF system and that signatures inserted with that software may not appear as intended. 2. Multiple Signatures. Pleadings and other papers that are submitted on behalf

of more than one attorney, regardless of whether the attorneys represent the same party or different parties, may be signed as follows: a. Approval for Electronic Signature. The attorney whose User Login

and Password is being used to file the pleading or other paper ("filing attorney") may obtain approval from any other attorney to state that the other attorney has authorized the filing attorney to electronically sign the document. Such approval shall be indicated as follows: s/ Attorney's Name
(Signed by Filing Attorney with permission of Attorney)

Filing Attorney's Signature
(see § II.C.1 for signature options)

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The filing attorney is responsible for maintaining a record of when and how permission was obtained to sign the other attorney's name until all appeals have been exhausted or the time for seeking appellate review has expired. b. Approval by Signature. The filing attorney may obtain and maintain a paper copy of the document signed by the other attorney. Possession of a signed copy shall be indicated as follows: s/ Attorney's Name
(Signed copy of document bearing signature of Attorney is being maintained in the office of Filing Attorney)

Filing Attorney's Signature
(see § II.C.1 for signature options)

The filing attorney shall maintain the signed copy of the document until all appeals have been exhausted or the time for seeking appellate review has expired. c. Scanned Signatures. The filing attorney may obtain original

signatures, scan the signature page only, and file it as an attachment to the pleading or other paper. The filing attorney shall maintain the signed original until all appeals have been exhausted or the time for seeking appellate review has expired. Scanned signatures may not be used on proposed papers submitted to the Court. 3. Non-Attorney Signature. a. In General. Documents signed by persons who are not counsel of

record (e.g., verified pleadings, contracts, affidavits, etc.) may be submitted in

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electronic format in any of the following ways if the filer maintains the signed original until all appeals have been exhausted or the time for seeking appellate review has expired: i. An electronic version of the document bearing "s/ (name)" can

be filed along with a statement that the filer has the signed original, for example: s/ Plaintiff Smith*
*I certify that I have the signed original of this document, which is available for inspection at any time by the Court or a party to this action. Filing Attorney's Signature (see § II.C.1 for signature options)

ii.

An electronic version of the document bearing "s/ (name)" can

be filed with a scanned copy of the signature page as an attachment. iii. If the document containing original signatures is not digitally

available, it may be scanned and filed electronically. b. Signatures in Criminal Cases. Several documents in criminal cases

require the signature of a non-attorney, such as a grand jury foreperson, a defendant, a third-party custodian, a United States Marshal, or an officer from Pretrial Services or Probation. In general, the Clerk will scan all documents signed by non-attorneys in a criminal case and retain in paper format only charging documents or papers signed by a defendant. 4. Signature Disputes. Anyone who disputes the authenticity of any signature

must file an objection to the pleading or other paper within ten (10) days of service.
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D.

TITLE OF DOCKET ENTRIES. When creating a document to be filed electronically, the party shall use a title that

matches one of the docket event categories contained in the ECF Menu, which is on the Court's website at www.okwd.uscourts.gov. This same docket event category shall be used when filing the document. E. FILING ERRORS. 1. Once a pleading or other paper is submitted and becomes part of the case, the

ECF System will not permit the filer to change the pleading or other paper or the docket entry. 2. Filers should make every effort to ensure that they do not file a pleading or

paper other than the one intended to be filed, that it is filed in the correct case, and that it does not contain information that should have been filed under seal. The Clerk's Office should be notified during normal office hours of any mistakes by telephone at (405) 609-5555 or toll-free at 1-888-609-6593 or by e-mail at [email protected]. The notifier should provide the Clerk's Office with the case number and docket number of the erroneous entry. The filer should not refile the document unless directed to do so.

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F.

TECHNICAL FAILURES. 1. Court's ECF System. a. A technical failure exists when the ECF System is unable to accept

filings over the course of any period of time greater than two (2) hours after 12:00 noon that day. The ECF System will be unable to accept filings during periods of routine system maintenance, which will usually occur on Saturdays and Sundays from 8:00 a.m to 5:00 p.m. In addition, the ECF System will be rebooted daily at 5:00 a.m.; it will be unavailable for approximately 15 minutes to accomplish this task. Check the Court's website for postings regarding any other ECF System outages. b. Should a filing be untimely because of a technical failure of the Court's

ECF System, the filer may seek appropriate relief from the assigned judge. 2. Filer's System. Problems on the filer's end, such as phone line problems,

problems with the filer's Internet Service Provider (ISP), or hardware or software problems, will not constitute a technical failure under these procedures or excuse an untimely filing. Upon a showing of good cause, the assigned judge may grant appropriate relief for an untimely filing.

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G.

ORDERS AND PROPOSED PAPERS. 1. Orders Initiated by the Court. a. Except for those orders filed under seal, all orders shall be in electronic

format. b. The judge may affix an electronic signature, sign using "s/ Judge

Name," or scan a copy of the signature page as an attachment to the order. Any order signed electronically has the same force and effect as if the judge had signed a paper copy of the order. 2. Proposed Papers Submitted by the Parties. a. When filing a motion for which no supporting brief is required in

accordance with LCvR7.2(f), (i), and (j), the moving party shall submit a proposed order granting the requested relief. The motion, which shall comply with LCvR7.2(f), (i), or (j), must be filed prior to submitting the proposed order, and the proposed order must refer to the docket entry number for the motion. Scanned signatures may not be used on proposed papers

submitted to the Court. b. All proposed papers submitted by the parties shall be in a format

compatible with WordPerfect, which is a "Save As" option in most word processing software; proposals in .pdf format will not be accepted. All proposed papers shall be submitted via the designated mailbox for the assigned judge as indicated below. Unless otherwise authorized, such mailboxes are
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to be used solely for the purpose of submitting settlement conference statements and proposals, proposed papers, e.g., proposed orders, proposed jury instructions, proposed findings of fact and conclusions of law, default judgments, and proposed judgments as ordered by the assigned judge. This submission is in addition to any filing obligation. All papers shall be clearly identified in the subject line of the sender's e-mail as follows: Settlement Conference Statement in [case number] Proposed Order in [case number] Plaintiff/Defendant's Proposed Jury Instructions in [case number] Plaintiff/Defendant's Proposed Findings & Conclusions in [case number] Default Judgment in [case number] Proposed Judgment in [case number] Any other Court-ordered proposal in [case number]. Chief Judge Robin J. Cauthron Judge David L. Russell Judge Tim Leonard Judge Vicki Miles-LaGrange Judge Stephen P. Friot Judge Joe Heaton
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[email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
20

Judge Ralph G. Thompson Judge Lee R. West Magistrate Judge Doyle W. Argo Magistrate Judge Bana Roberts Magistrate Judge Gary M. Purcell Magistrate Judge Valerie K. Couch Magistrate Judge Robert E. Bacharach Magistrate Judge Ronald L. Howland Magistrate Judge Shon T. Erwin 3.

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Writ, Warrant, or Summons. A party moving for issuance of a writ, warrant,

or summons shall prepare the writ, warrant, or summons in a format compatible with WordPerfect and submit these documents along with the proposed order (if one is needed). 4. Default Judgment. A party moving for entry of default shall, after filing a

motion for default, submit the entry of default and the proposed judgment of default to the designated mailbox for the assigned judge indicated in § II.G.2.b.

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H.

PRIVACY. 1. Redacted Documents. a. To comply with the policy of the Judicial Conference of the United

States and the E-Government Act of 2002, filers shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all electronically filed pleadings, papers, and exhibits, unless otherwise ordered: i. Minors' names: Refer to the child in the manner that most

effectively shields the identity of the minor in the context of the proceeding (i.e., by initials; by symbol [Child A, Child B]; as Doe 1, Doe 2; or by the child's status in the litigation [Witness, Victim, Ward, Beneficiary]); ii. Financial account numbers: Identify the name or type of account

and the financial institution where maintained, but use only the last four numbers of the account number; iii. iv. b. Social Security numbers: Use only the last four numbers; and Dates of birth: Use only the year.

The filer may omit or, where inclusion is necessary, partially redact the

following confidential information from all electronically filed pleadings, papers, and exhibits, unless the assigned judge orders otherwise: i. ii.
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Personal identifying number, such as driver's license number; Medical records, treatment, and diagnosis;
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iii. iv. v. 2.

Employment history; Individual financial information; and Proprietary or trade secret information.

Unredacted Documents. With leave of Court, a filer may file under seal a

document containing the unredacted personal data identifiers listed above. a. The party seeking to file an unredacted document shall file a motion to

file the document under seal pursuant to the E-Government Act of 2002. b. If the motion is granted, the filer shall submit the original and one copy

of the unredacted paper document to the Clerk in a clearly identified envelope. The envelope shall contain the notation: "Document filed under seal pursuant to the E-Government Act." The Clerk will retain the paper document as part of the record. c. The assigned judge may require the filer to file a redacted copy for the

public record. The redacted pleading or other paper shall be clearly identified as a redacted version. 3. Responsibility to Redact. The responsibility for redacting personal data

identifiers rests solely with counsel and the parties. The Clerk will not review documents for compliance with this rule, seal documents containing personal data identifiers, or redact documents. III. CONVENTIONAL FILING OF DOCUMENTS.

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The following procedures govern certain documents filed conventionally. The assigned judge, upon motion, may authorize conventional filing of other documents. Whenever a document or item is conventionally filed by an ECF registrant, the filer shall electronically file a Notice of Conventional Filing. A. DOCUMENTS TO BE FILED UNDER SEAL. Leave of Court is required to file a document under seal, which shall be requested by filing a motion and submitting a proposed order granting the relief. If the motion is granted, the filer shall file a Notice of Conventional Filing and shall then deliver the original and one copy of the document in clearly identified envelopes to the Clerk for conventional filing under seal. A document filed under seal will be maintained by the Clerk in paper form unless the assigned judge orders the document unsealed. Only that portion of a document that must be filed under seal should be filed conventionally and the Notice of Conventional Filing should so indicate. For example, if Exhibit 14 to a motion for summary judgment should be sealed, the motion and exhibits should be filed electronically with the following notation at Exhibit 14: "Exhibit 14 filed under seal pursuant to Court order issued [date]." A Notice of Conventional Filing reflecting that Exhibit 14 will be conventionally filed should be filed and the original and one copy of Exhibit 14 should then be delivered to the Clerk in clearly identified envelopes.

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B.

PRO SE LITIGANTS. Pro se litigants shall file paper originals and one copy of all complaints, pleadings,

motions, affidavits, briefs, and other documents. The Clerk will scan these original documents, but will also maintain a paper file. C. SOCIAL SECURITY CASES. 1. Absent a showing of good cause, all documents in Social Security cases shall

be filed and noticed electronically except the Social Security administrative record and transcripts, which shall be conventionally filed and served. The Clerk will maintain the administrative record and transcripts in paper form. 2. To address the privacy issues inherent in Social Security cases, Internet access

to the individual documents will be limited to counsel of record. Docket sheets, however, will be available over the Internet to non-parties. D. HABEAS AND PRISONER LITIGATION 1. Habeas Cases. Absent a showing of good cause, all documents filed by

attorneys in habeas cases shall be filed electronically except the state court record and transcripts, which shall be conventionally filed. The Clerk will maintain the state court record and transcripts in paper form until they are returned to the respondent. 2. Prisoner Litigation. Absent a showing of good cause, all documents filed by

attorneys in prisoner litigation shall be filed electronically, including the Martinez report, which shall be redacted if necessary. The party directed to file the Martinez report shall also deliver one paper copy of the report to the Clerk's Office within three
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days of the date of filing (excluding weekends, holidays, and days when the Clerk's Office is closed). E. SERVICE OF CONVENTIONALLY FILED DOCUMENTS. 1. All conventionally filed pleadings or other papers must comply with the

requirements of LCvR5.2(c) or LCrR49.2(c), including the requirement of filing the original and one copy. 2. If service of conventionally-filed pleadings or other papers is required by rule

or order, service must be made by conventional means. 3. With the exception of ex parte submissions to the Court, documents filed by

Court staff, and documents signed by a defendant in a criminal case, whenever a document or item is conventionally filed by an ECF registrant, the filer shall also electronically file a Notice of Conventional Filing. A model form is on the Court's website at www.okwd.uscourts.gov/forms.htm. IV. A. PUBLIC ACCESS TO THE ECF SYSTEM PUBLIC ACCESS AT THE COURT. Electronic access by the public to the electronic docket and documents filed in the ECF System is available at no charge at the Clerk's Office during regular business hours (generally, Monday through Friday, 8:30 a.m. to 4:30 p.m.). A copy fee for an electronic reproduction is required in accordance with 28 U.S.C. § 1930. B. REMOTE ACCESS.

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1.

PACER. Remote electronic access to the ECF System is limited to subscribers

to the Public Access to Court Electronic Records ("PACER") system. The Judicial Conference of the United States has ruled that a user fee will be charged for remotely accessing case information, such as filed documents and docket sheets in civil cases. Such fees do not apply to the initial viewing of a document served via an NEF. If, however, the document is again remotely accessed through PACER, a fee will be incurred. 2. Public Access to Criminal Case Records. Only attorneys of record who have

logged in using their User Login and Password will have remote access to papers filed before November 1, 2004, in criminal cases; remote public access to docket sheets in all criminal cases, however, is available. In addition, remote public access to papers filed on or after November 1, 2004, is available and members of the public may view electronic criminal files at the public terminals at the Clerk's Office. C. CONVENTIONAL COPIES AND CERTIFIED COPIES. Conventional copies and certified copies of electronically filed documents may be purchased at the Clerk's Office. The fee for copying and certifying will be in accordance with 28 U.S.C. § 1914.

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V.

GLOSSARY OF TERMS.

CD-ROM: Compact Disk-Read Only Memory, which is capable of storing a large amount of electronic data in a format that cannot be altered. Conventional Filing or Conventionally Submitted Document: a filing submitted in paper or other non-electronic, tangible format. Electronic Case Filing or Electronic Filing: submitting a pleading, document, or other paper using the Court's Internet-based system (the ECF System) for filing in the Court's case file. Sending a paper to the Clerk or the assigned judge via e-mail does not constitute "electronic filing." Electronic Signature: a digital version of an actual signature. Floppy Disk: item on which a limited amount of electronic data may be stored. Internet Service Provider (ISP): a company that provides access to the Internet. For a monthly fee, the service provider gives you a software package, username, password, and access phone number. Equipped with a modem, you can then log on to the Internet, browse the World Wide Web (www), and send and receive e-mail. Martinez Report: an investigative report prepared by prison officials pursuant to Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978), to develop a record sufficient to ascertain whether there are any factual or legal bases for a prisoner's claims. Notice of Electronic Filing ("NEF"): the notice generated by the ECF System when a document is filed. The NEF constitutes the official file stamp. It includes information about what was filed, the text of the docket entry, the unique document stamp, and a list of case participants who will receive e-mail notification of the filing and a list of those who will not. The NEF contains a hyperlink to the filed document that permits the viewer to access the document one time through PACER without incurring charges. To do so, the recipient of the NEF must access the document within 15 days of receipt using the document number hyperlink rather than the hyperlink for the case number. Selecting the case number hyperlink will cause PACER charges to be incurred.
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PACER: PACER is the Federal Judiciary's system for Public Access to Court Electronic Records. A PACER account is required to retrieve documents from the ECF System after the initial transmission. To register for a PACER account, visit the PACER Service Center's website at www.pacer.psc.uscourts.gov. Password: a series of letters and numbers initially assigned by the Court, which should be changed by the ECF registrant using the ECF System's utility menu. Portable Document Format (.pdf) Files: a .pdf file is a file that will look the same on the screen and in print, regardless of what kind of computer or printer is used and regardless of what software package was originally used to create it. A .pdf file is a picture of the original document that cannot be changed in any way, thereby safeguarding the information in the original document. Pro Se Parties: parties proceeding without attorney representation. Remote Access: offsite access to the Court's ECF System. Scanned Documents: an image recorded by an electronic device (a "scanner"). For best results, scanners should be configured to 200 dots per inch ("dpi") and black and white rather than color scanning. The filing party is responsible for the legibility of the scanned document. Server: a computer or device on a network (two or more computers linked together) that manages network resources. For example, a file server is a computer and storage device dedicated to storing files. Any user on the network can store files on the server. A print server is a computer that manages one or more printers, and a network server is a computer that manages network traffic. A database server is a computer system that processes database queries. Five (5) Megabytes (MB): five million bytes. A byte is the basic unit of information in computer storage and processing. Documents that are computer-generated require fewer bytes than the equivalent pages of a scanned document. Likewise, documents that are text only use
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fewer bytes than graphics or photographs. For example, a computer-generated textonly document (that is, a document that has been created using a computer-based word processing system and that does not contain any graphics or photographs) must be approximately 1400 pages before it reaches the 5MB limit. In contrast, a single photograph can equal 5MB. User Login: a series of letters and numbers assigned by the Court to each ECF registrant

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