(a) Filing.
(1) With the Clerk. A document required or permitted to be filed in a district court or BAP must be filed with the clerk of that court.
(2) Method and Timeliness.
(A) In General. Filing may be accomplished by transmission to the clerk of the district court or BAP. Except as provided in subdivision (a)(2)(B) and (C), filing is timely only if the clerk receives the document within the time fixed for filing.
(B) Brief or Appendix. A brief or appendix is also timely filed if, on or before the last day for filing, it is:
(i) mailed to the clerk by first-class mail—or other class of mail that is at least as expeditious—postage prepaid, if the district court’s or BAP’s procedures permit or require a brief or appendix to be filed by mailing; or
(ii) dispatched to a third-party commercial carrier for delivery within 3 days to the clerk, if the court’s procedures so permit or require.
(C) Inmate Filing. A document filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If the institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
(D) Copies. If a document is filed electronically, no paper copy is required. If a document is filed by mail or delivery to the district court or BAP, no additional copies are required. But the district court or BAP may require by local rule or by order in a particular case the filing or furnishing of a specified number of paper copies.
(3) Clerk’s Refusal of Documents. The court’s clerk must not refuse to accept for filing any document transmitted for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice.
(b) Service of All Documents Required. Unless a rule requires service by the clerk, a party must, at or before the time of the filing of a document, serve it on the other parties to the appeal. Service on a party represented by counsel must be made on the party’s counsel.
(c) Manner of Service.
(1) Methods. Service must be made electronically, unless it is being made by or on an individual who is not represented by counsel or the court’s governing rules permit or require service by mail or other means of delivery. Service may be made by or on an unrepresented party by any of the following methods:
(A) personal delivery;
(B) mail; or
(C) third-party commercial carrier for delivery within 3 days.
(2) When Service is Complete. Service by electronic means is complete on transmission, unless the party making service receives notice that the document was not transmitted successfully. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier.
(d) Proof of Service.
(1) What is Required. A document presented for filing must contain either:
(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 address, the fax number, or the address of the place of delivery, as appropriate for the manner of service, for each person served.
(2) Delayed Proof. The district or BAP clerk may permit documents to be filed without acknowledgment or proof of service, but must require the acknowledgment or proof to be filed promptly thereafter.
(3) Brief or Appendix. When a brief or appendix is filed, the proof of service must also state the date and manner by which it was filed.
(e) Signature. Every document filed electronically must include the electronic signature of the person filing it or, if the person is represented, the electronic signature of counsel. The electronic signature must be provided by electronic means that are consistent with any technical standards that the Judicial Conference of the United States establishes. Every document filed in paper form must be signed by the person filing the document or, if the person is represented, by counsel. (Added Apr. 25, 2014, eff. Dec. 1, 2014.)
added in current removed in current
Compared to current version (2025).
(a) Filing.
(1) With the Clerk. A document required or permitted to be filed in a district court or BAP must be filed with the clerk of that court.
(2) Method and Timeliness.
(A) In General. Filing may be accomplished by transmission to the clerk of the district court or BAPNonelectronic Filing.
(i) For a document not filed electronically, filing may be accomplished by mail addressed to the district or BAP clerk. Except as provided in subdivision (a)(2)(B(ii) and (Ciii), filing is timely only if the clerk receives the document within the time fixedset for filing.
(B) Bii) A brief or Aappendix. A brief or appendix not filed electronically is also timely filed if, on or before the last day for filing, it is:
(i) • mailed to the clerk by first-class mail-or other class of mail that is at least as expeditious-postage prepaid, if the district court’s or BAP’s procedures permit or require a brief or appendix to be filed by mailing; or
(ii) dispatched to a third-party commercial carrier for delivery within 3 days to the clerk, if the court’s procedures so permit or require.
(C) Inmate Filing; or • dispatched to a third-party commercial carrier for delivery to the clerk within 3 days.
(iii) If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this item (iii). A document not filed electronically by an inmate confined in an institution is timely if it is deposited in the institution’s internal mailing system on or before the last day for filing. If the institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
(D) Copies. If a and: • 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 by evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or • the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies this item (iii).
(B) Electronic Filing.
(i) An entity represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for cause or is allowed or required by local rule.
(ii) An individual not represented by an attorney: • may file electronically only if allowed by court order or by local rule; and • may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.
(iii) A document is filed electronically, no p is a written paper for purposes of these rules.
(C) When Paper cCopy is requiredies Are Required. No paper copies are required when a document is filed electronically. If a document is filed by mail or by delivery to the district court or BAP, no additional copies are required. But the district court or BAP may require, by local rule or by order in a particular case the filing or furnishing of, require that a specifiedc number of paper copies be filed or furnished.
(3) Clerk’s Refusal of Documents. The court’s clerk must not refuse to accept for filing any document transmitted for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice.
(b) Service of All Documents Required. Unless a rule requires service by the clerk, a party must, at or before the time of the filing of a document, serve it on the other parties to the appeal. Service on a party represented by counsel must be made on the party’s counsel.
(c) Manner of Service.
(1) Methods. Service must be made electronically, unless it is being made by or on an individual who is not represented by counsel or the court’s governing rules permit or require sNonelectronic Service. Nonelectronic service may be by any of the following:
(A) personal delivery;
(B) mail; or
(C) third-party commercial carrier for delivery within 3 days.
(2) Service bBy mail or other means of delivery. Service may be made by or on an unrepresented party by any of the following methods:Electronic Means. Electronic service may be made by:
(A) sending a document to a registered user by filing it with the court’s electronic-filing system; or
(B) using other electronic means that the person served consented to in writing.
(A3) personal delivery;
(B)When Service Is Complete. Service by mail; or
(C) by third-party commercial carrier for delivery within 3 days.
(2) When Service is Completeis complete on mailing or delivery to the carrier. Service by electronic means is complete on transmissionfiling or sending, unless the partyerson making service receives notice that the document was not transmitted successfully. Service by mail or by commercial carrier is complete on mailing or delivery to the carrierreceived by the person served.
(d) Proof of Service.
(1) What is Requiredments. A document presented for filing must contain either of the following if it was served other than through the court’s electronic-filing system:
(A) an acknowledgement 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 address, the fax number, or the address of the place of delivery, -as appropriate for the manner of service, -for each person served.
(2) Delayed Proof. The of Service. A district or BAP clerk may permitaccept a documents to be for fileding without an acknowledgement or proof of service, but must require the acknowledgment or proof of service to be filed promptly thereafter.
(3) For a Brief or Appendix. When a brief or appendix is filed, the proof of service must also state the date and manner by which it was filed.
(e) Signature Always Required.
(1) Electronic Filing. Every document filed electronically must include the electronic signature of the person filing it or, if the person is represented, the counsel’s electronic signature of counsel. The electronic signature must be provided by electronic means that are consistent with any technical standards that the Judicial Conference of the United States establishes. A filing made through a person’s electronic-filing account and authorized by that person-together with that person’s name on a signature block-constitutes the person’s signature.
(2) Paper Filing. Every document filed in paper form must be signed by the person filing the documenit or, if the person is represented, by the person’s counsel. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)