ELECTRONIC CASE FILING

Rule No: 
5005-1

 

(a)          Mandatory Registration.

                        (1)         All attorneys, panel and standing trustees and examiners appearing before the United States Bankruptcy Court for the Western District of Washington shall register in the ECF system for the purpose of filing electronically.

                        (2)          All entities, institutions and individuals who file 10 or more proofs of claim in the United States Bankruptcy Court for the Western District of Washington in any 6 month period must electronically file all claims and claims-related documents.

                        (3)          Each ECF participant is responsible for maintaining current contact information in ECF, including a primary and alternate email address, a current mailing address and phone number.  Contact information can be reviewed and/or modified through the Maintain User Account function in ECF (Utilities>Your Account>Maintain ECF Account).  

(b)          Electronic Filing.  Unless otherwise ordered by the court, electronic filing is mandatory for all attorneys, trustees and examiners in all cases consistent with technical standards, if any, established by the Judicial Conference of the United States.  The clerk of court may accept documents for filing, establish electronic service requirements, issue notices, serve orders and otherwise specify practices and procedures in electronic case management consistent with the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means ("Electronic Filing Procedures"), as approved by the court from time to time through general orders.

                         (1)          The electronic filing of a pleading or other paper in accordance with the Electronic Filing Procedures is entry of that pleading or other paper on the docket kept by the clerk of court under Fed. R. Bankr. P. 5003.

                         (2)          The electronic filing of a pleading or other paper in ECF (other than a ballot or a proof of claim) will constitute an appearance in the case for the attorney whose ECF account is used to complete the filing, will automatically add the name and mailing address associated with the filer’s ECF account to the mailing list in the case, and will create an association between that attorney and the party they represent.  It is not necessary to file a separate notice of appearance.                                        

                         (3)          All orders, decrees, judgments, and proceedings of the court shall be entered in accordance with the Electronic Filing Procedures which shall constitute entry of the order, decree, judgment, or proceeding on the docket kept by the clerk of court under Fed. R. Bankr. P. 5003.

                         (4)          Each document filed electronically in ECF, and any exhibits thereto, must be filed as a text-based PDF file, unless otherwise provided in a local bankruptcy rule, general order or the Electronic Filing Procedures, or in cases in which the original document could not be electronically created by the ECF filer.  A text-based PDF does not include a PDF file created by scanning a document on paper or by means other than printing to or converting directly to PDF format.

(c)          Service of Documents. 

                         (1)          Whenever a pleading or other paper is filed electronically in accordance with the Electronic Filing Procedures, the filing party will be automatically sent a Notice of Electronic Filing by electronic means at the time of docketing.  All other parties in the case who are ECF participants will be sent the Notice of Electronic Filing by electronic means either at the time of filing or on a daily basis.  Pursuant to Fed. R. Civ. P. 5(b)(2)(E), receipt of the Notice of Electronic Filing generated by the court’s electronic case filing system is the equivalent of service of the pleading identified in the notice on persons who have consented to electronic service.

                         (2)          Unless otherwise ordered, the request for and receipt of a password from the court for use of the ECF System is a request for, and consent to, electronic service pursuant to Fed. R. Bankr. P. 9036, 7005, and Fed. R. Civ. P. 5(b)(2)(E); provided that, notwithstanding Fed. R. Bankr. P. 9036, in accordance with Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Civ. P. 5(b)(3), service by electronic means is complete on transmission unless the party making service learns that the attempted service did not reach the person to be served.  A party may make service pursuant to Fed. R. Civ. P. 5(b) through the court’s transmission facilities.

                         (3)          The filing party shall serve the pleading or other paper upon all non-ECF participants entitled to notice or service in accordance with the applicable rules.  Proof of service shall be filed with respect to service on all non-ECF participants entitled to notice; however, the proof of service may be filed electronically in accordance with the Electronic Filing Procedures with the representation, by the filer, that evidence of service is being maintained at the office of the filer.

                         (4)          Notwithstanding the foregoing provisions of this section, conventional service of documents on paper is required in accordance with Fed. R. Civ. P. 4, Fed. R. Civ. P. 45, Fed. R Bankr. P. 7004, Fed. R. Bankr. P. 9014(b), and Fed. R. Bankr. P. 9016, any order for service of documents on paper issued by the court, or where otherwise specifically required by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure.

(d)          Electronic Signature; Affidavits. 

                         (1)          The electronic filing of a petition, pleading, motion or other paper in the ECF system by the participant or an authorized employee of the participant’s office shall constitute the signature of that participant under Fed. R. Bankr. P. 9011 and shall bind the party or parties represented by that participant.

                         (2)           Pleadings, affidavits, and other documents that must contain original signatures or that require verification under Fed. R. Bankr. P. 1008 or an unsworn declaration as provided in 28 U.S.C. § 1746, shall be filed electronically.  The original signed document, in hard copy or electronic form, shall be maintained by the attorney of record or the party originating the document for a period not less than 5 years.  Upon request, the original document must be provided to other parties or the court for review.  The pleading or other document electronically filed shall indicate a signature; e.g., "/s/."

                         (3)          A stipulation or other document requiring the signature of more than one party shall be electronically filed as follows: (A) the filer shall confirm that the content of the document is acceptable to all persons required to sign and shall obtain actual signatures of all parties to the document; (B) the filer shall file the document electronically , indicating the signatories, e.g., “/s/”; (C) the filer shall retain documentation, in hard copy or electronic form, evidencing the authority to affix the signatures of all other parties as set forth in Paragraph (d)(2), above.   Fed. R. Bankr. P. 9011 shall apply to all signatories, not just the filing participant.  In addition, the filing party, by filing the document in accordance with this provision, represents that all signatories indicated have approved the form of the document.

(e)          Orders.

                         (1)           Proposed orders filed in accordance with Local Bankruptcy Rule 9013-1(d)(1)(D) and 9013-1(i) shall be filed electronically as an attachment to the motion.

                         (2)          Original orders that are ready for the judge’s signature, including orders filed pursuant to Local Bankruptcy Rules 9013-1(f)(2), 9013-1(g)(2), and 9013-1(i) shall be filed electronically by uploading the order through the court’s electronic case filing system.

                         (3)          Orders uploaded in accordance with this rule shall include the words “ex parte” in the title of the pleading and in the docket entry if they are being filed without notice in accordance with Local Bankruptcy Rule 9013-1(g).