Electronic Case Files and Administrative Procedures
Federal Rule of Bankruptcy Procedure 5005(a)(2), authorizes the Court to establish practices and procedures for filing, signing, and verifying documents by electronic means.
IT IS THEREFORE ORDERED:
1. Effective November 4, 2005, documents may be filed, signed, and verified by electronic and other means to the extent and in the manner required and authorized by previous General Order 2005-7, Order Adopting Case Management/Electronic Case Files System (CM/ECF) and Local Bankruptcy Rules for Electronic Case Files.
2. Effective October 1, 2010, absent good cause shown and the permission of the Court, attorneys in good standing admitted to practice before this Court, to include attorneys admitted pro hacvice, will file, sign, and verify documents only by electronic means to the extent and in the manner authorized by this General Order, and the Administrative Procedures attached hereto as Exhibit A, Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in the United States Bankruptcy Court for the Southern District of Georgia (Administrative Procedures).
3. Attorneys not admitted to practice in the Southern District of Georgia, and other non-attorney filers such as creditors, may request limited user access to file documents by electronic means to the extent and in the manner authorized by this General Order and the Administrative Procedures.
4. The official record of the Court as required by Fed. R. Bankr. P. 5003 shall be the electronic file maintained by the Court and such paper files as are permitted by the Administrative Procedures.
5. The Clerk's Office will implement and publish the Administrative Procedures, register attorneys, and issue individual logins and passwords consistent with those procedures to permit electronic filing and notice of pleadings and other documents.
6. Pro se litigants who are not attorneys in good standing admitted to the Bar of this Court must file documents with the Court in paper form.
7. The electronic filing of a petition, pleading, motion, or other paper by an attorney who is a registered participant in the Court's Electronic Case Files System shall constitute the signature of that attorney for purposes of the application of Federal Rule of Bankruptcy Procedure 9011 and other applicable rules. The attorney whose login and password are used to accomplish an electronic filing certifies that the attorney and the attorney's law firm have authorized the filing.
8. No attorney shall knowingly permit or cause to permit his/her login or password to be used by anyone other than an authorized employee of his/her law firm.
9. The electronic filing of a pleading or other paper in accordance with the Court's
Administrative Procedures shall constitute entry of that pleading or other paper on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure.
10. Electronic filing does not alter the filing deadline for that document.
11. The Clerk's Office shall enter all orders, decrees, judgments, and proceedings of the Court in accordance with the Administrative Procedures, which shall constitute entry of the orders, decrees, judgments, and proceedings on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure. Any order filed with the electronic signature of a judge shall have the same force and effect as if the judge had affixed his or her signature to a paper order.
12. An attorney filing a pleading or other paper electronically shall serve the Notice of Electronic Filing (NEF) by electronic means and such service will be considered the equivalent of service of the pleading or other paper by first class mail, postage prepaid. This form of service applies only to recipients of the notice or service who are registered participants in the Electronic Case Files (ECF) system or have agreed in writing with the filer to accept such service in lieu of service by first class mail. For all remaining recipients of service or notice unable to receive an electronic notice, the filing party shall serve the pleading or paper upon all such entities in accordance with applicable bankruptcy rules. When mailing paper copies of documents that have been electronically filed, the filing party must include the "Notice of Electronic Filing" to provide the recipient with proof of the filing.
13. Receipt of an Electronic Case Files (ECF) login and password constitutes a request for electronic service and electronic notice pursuant to the Federal Rules of Bankruptcy Procedure.
14. An attorney filing a Verified Pleading should thereafter ma inta in in his or her office the original Verified Pleading in its entirety for at least five (5) years after the conclusion of all appeals or the expirat ion of time for filing a timely appeal, whichever is later. The filing of a Verified Pleading constitutes a representation by the attorney who files it that the attorney has in his or her possession at the time of filing the fully executed original Verified Pleading and that he or she agrees to maintain it for the five (5) year period set forth above. A pleading or document that a person signs and thereby verifies, certifies, declares, affirms, or swears under oath or penalty of perjury concerning the truth of the matters set forth in that pleading or document is a "Verified Pleading."
15. This Order vacates General Order 2005-7 (Order Adopting Case Management/Electronic Case Files System (CM/ECF) and Local Bankruptcy Rules for Electronic Case Files (ECF) and General Order 2007-4 (Amendment of ECF Local Rule 7 and Debtor's Declaration Regarding Electronic Filing).
16. This Order is effective October 1, 2010, and shall be published together with Exhibit A, Administrative Procedures for Electronic Filing, and Exhibit B, ECF Local Rules for the Southern District of Georgia.
Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge
Susan D. Barrett
United States Bankruptcy Judge
Dated this 29th day of September, 2010.