LOCAL CIVIL RULE 5 - SERVICE AND FILING
OF PLEADINGS AND OTHER PAPERS
LR5.1 Place of Filing
LR5.1.1E Filing of Extraordinary Pleadings
LR5.2 Advance Payment Required
LR5.3 Certificate of Service
LR5.4 Deposit for Service
LR5.5W Filings by Facsimile Transmission in Emergency
LR5.6E & W Corporate Disclosure
LR5.7M Electronic Case Files
LR5.1 Place of Filing
All filings shall be made with the office of the clerk.
LR5.1.1E & M Filing of Extraordinary Pleadings
All pleadings of an extraordinary nature (e.g., temporary restraining orders, vessel seizures, writs
of attachment, and other pleadings requiring immediate judicial action) shall be filed personally
by an attorney signing the pleadings. The attorney shall remain available to the judge to whom
the matter has been allotted until the judge has had the opportunity to review the pleadings and
determine the course to be followed. [Amended December 5, 1997 and June 28, 2002]
LR5.2 Advance Payment Required
The clerk shall not be required to file any paper or to render any service for which a fee is legally
collectible unless the fee for the particular service is paid in advance.
LR5.3 Certificate of Service
Every pleading and every brief or memorandum filed in any proceeding in this court shall bear a
certificate by the attorney or party who files it that, prior to filing, copies have been served on all
parties or their attorneys, either in person or by mailing it postage prepaid, properly addressed.
This certificate may be by rubber stamp or typing, or it may be contained in the text of the
pleading.
LR5.4 Deposit for Service
Except as provided by law in cases involving indigent persons, the marshal shall not be
compelled to perform any service until the deposit of a sum sufficient to cover the immediate
costs shall have been made, and may demand security in a reasonable amount for further costs.
LR5.5W Filings by Facsimile Transmission in Emergency
In accordance with Fed.R.Civ.P. 5(e), papers may be filed, signed and verified by facsimile transmission with the prior written or oral approval of the district judge to whom the case is assigned or of the magistrate judge if the authority is delegated by the district judge assigned to the case. Permission for use of facsimile transmission shall be at the discretion of the judicial officer based upon the need expressed by the party submitting the facsimile transmission. [Amended November 12, 1999]
LR5.6E & W Corporate Disclosure
Any non-governmental corporate party to an action in this court shall file in duplicate a statement identifying all its parent corporations and any publicly traded company that owns 10% or more of the party's stock, unless such filing is waived by the presiding judge. A party shall file the statement as soon as practicable and in no event later than the preliminary conference or the scheduled hearing date for any dispositive motion, whichever is earlier. A party shall supplement the statement within a reasonable time of any relevant change in the information. Nothing herein is intended to require the disclosure of confidential information except in camera to the judge. [Adopted August 31, 2000 and March 13, 2001]
LR 5.7.01M Filing By Electronic Means
The court will accept for filing only those documents submitted and signed or verified by
electronic means and only those electronic documents that comply with procedures established
by the court, as authorized by Rule 5(e) of the Federal Rules of Civil Procedure. The electronic
record shall be the official record of the court.
Notwithstanding the foregoing, an attorney may, for good cause shown, request by written motion a temporary exemption from mandatory electronic case filing. If the exemption pertains to a specific case, the motion should be filed in that case. If the exemption pertains to all cases before the court, current and future, said motion should be filed and will be submitted to the Chief Judge.
The filing of initial papers, including the complaint and the issuance and service of the summons, shall be accomplished as set forth in the administrative procedures guide for the U.S. District Court, Middle District of Louisiana, which is authorized by General Order 2005- 06. A copy of the administrative procedures may be obtained from the clerk's office or downloadedfrom the court's website at www.lamd.uscourts.gov .
LR 5.7.01W Filing By Electronic Means
In addition to filings by conventional means, the Clerk shall accept filings, signed or verified by electronic means that comply with the rules and procedures established by the Court. Unless otherwise noted, LR 5.7.01W - 5.7.13W shall apply to both civil and criminal matters. Conventional filings shall be converted to electronic files by the Clerk. The electronic record shall be the official record of the court. NOTE: Refer to the Administrative Procedures of the Court. [Adopted April 21, 2005]
LR 5.7.02W Eligibility, Registration, Passwords
Attorneys admitted to the bar of this court, including those admitted pro hac vice, Federal Public Defenders, and attorneys authorized to represent the United States, may register as Users of the Court's Electronic Filing System. Registration requires the User's name, address, telephone number, Internet e-mail address, and a declaration that the attorney is admitted to the bar of this Court and has received Court approved training in the use of the System.
Registration as a User constitutes consent to electronic service of all documents as provided in these rules and the Federal Rules.
Once registration is completed, the User will receive notification of his or her log-in and password. User agrees to protect the security of his or her password and immediately notify the clerk if he or she learns the password has been compromised. [Adopted April 21, 2005]
LR 5.7.03W Consequences of Electronic Filing
Notice of Electronic Filing from the Court constitutes evidence of filing for all purposes, and entry of the document on the docket kept by the Clerk.
It shall be the User's responsibility to ensure all scanned documents are legible.
The official record shall be the electronic record. A document filed electronically is deemed filed on the date and time stated on the Notice of Electronic Filing sent from the Court. A document filed in paper form is deemed filed by the Court on the date the document is received by the clerk's office. [Adopted April 21, 2005]
LR 5.7.04W Entry of Court-Issued Documents
Entry of an order or judgment electronically by the Court shall have the same force and effect as a conventional order or judgment signed by the Court.
When an order is issued as an entry on the docket without an attached document, such order shall be served on the parties.
A summons may be signed, sealed, and issued electronically. A summons may not be served electronically. [Adopted April 21, 2005]
LR 5.7.05W Attachments and Exhibits
Exhibits and attachments may be filed electronically when permissible under the Federal Rules and Local Rules. When an attachment is in support of a filing, such exhibits or attachments shall be limited to pertinent excerpts unless the Court orders otherwise. [Adopted April 21, 2005]
LR 5.7.06W Sealed Documents
Documents ordered to be placed under seal may be filed conventionally or electronically. If filed conventionally, a paper copy of the order must be attached to the documents under seal and delivered to the Clerk. [Adopted April 21, 2005]
LR 5.7.07W Retention Requirements
Documents electronically filed which require original signatures other than that of the User must be maintained in paper form by the User for 1 year from the expiration of all time periods for appeals. [Adopted April 21, 2005]
LR 5.7.08W Signatures
The user log-in and password required to submit documents to the Electronic Filing System shall be the User's signature for all purposes.
Documents requiring signatures of more than one party must be electronically filed either by: (1) submitting a scanned document containing all necessary signatures; (2) indicating the consent of the parties who did not sign the document; or (3) submitting a list of the parties who did not sign the document whom user has contacted and have agreed to submit an endorsement no later than three business days after filing. [Adopted April 21, 2005]
LR 5.7.09W Service of Documents by Electronic Means
The "Notice of Electronic Filing" automatically generated by the Court's Electronic Filing System constitutes proof of service of the filed document on Users. Parties who are not Users must be served in accordance with the Federal Rules and the Local Rules.
Sealed filings do not produce a "Notice of Electronic Filing." Service of any sealed document must be in accordance with the Federal Rules and the Local Rules.
A certificate of service must accompany all electronic filings. The certificate of service must identify the method of service upon each party. [Adopted April 21, 2005]
LR 5.7.10M Service of Documents by Electronic Means
The "Notice of Electronic Filing" automatically generated by the court's Electronic Filing System, except as provided below, constitutes service of the filed document on all parties who have consented to electronic service. Parties who have not consented to electronic service must be served with a copy of any pleading or other document filed electronically in accordance with the Federal Rules of Civil Procedure and the Local Rules.
Most sealed filings do not produce a Notice of Electronic Filing, and therefore, service by the filer of any sealed document must be in accordance with the Federal Rules and the Local Rules.
A certificate of service must be included with all electronic filings. The certificate of service must identify the method of service upon each party. [Adopted July 15, 2005]
LR 5.7.10W Notice of Court Orders and Judgments
The entry of an order or judgment into the Electronic Filing System by the Court will generate a "Notice of Electronic Filing" to all Users in that action. The "Notice of Electronic Filing" constitutes the notice required by the Federal Rules. The clerk shall give notice to non-Users in accordance with the Federal Rules. [Adopted April 21, 2005]
LR 5.7.11W Technical Failures
A User whose electronic filing is made impossible as the result of a technical failure in the Court's Web Site may seek appropriate relief. [Adopted April 21, 2005]
LR 5.7.12W Public Access
In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court.
a. Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used.
b. Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.
c. Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used.
d. Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.
e. Home Addresses. If home addresses are relevant, only the city and state should be used.
In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above may
a. file an unredacted version of the document under seal, or
b. file a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifiers. The reference list must be under seal, and may be amended as of right.
The unredacted version of the filing or the reference list shall be retained by the Court. The Court may require the party to file a redacted copy for the public record.
The responsibility for redacting personal identifiers rests solely with counsel and the parties. The Clerk will not review filing for compliance with this rule. [Adopted April 21, 2005]
LR 5.7.13W Hyperlinks
Material accessed by hyperlink will not be a part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filing. NOTE: See the Court's Administrative Procedures for further information on hyperlinks. [Adopted April 21, 2005]