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NO. 03-1 – IN RE PROCEDURAL RULES FOR ELECTRONIC CASE FILING

Rules 5 and 83 of the Federal Rules of Civil Procedure, and Rule 57 of the Federal Rules of Criminal Procedure, authorize courts to establish practices and procedures for filing, signing, and verifying documents by electronic means. Consistent with the general authorization contemplated by these rules, this court intends to implement an electronic case filing (ECF) system effective March 20, 2003, for civil cases, and effective May 20, 2003, for criminal cases. Procedures for Filing, Signing, and Verifying Pleadings and 159 Papers by Electronic Means in Civil Cases, as well as a separate Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in Criminal Cases, which will include the procedures for registration of attorneys and distribution of passwords to permit electronic filing and notice of pleadings and other papers.

Later this year, the court will publish and invite comment from the practicing bar concerning numerous proposed amendments to the court’s local rules. In the interim, however, this Standing Order will set forth those rules that are necessary and appropriate to implement ECF.

In consideration of the foregoing,

IT IS HEREBY ORDERED:

  1. As of March 20, 2003, in civil cases, and as of May 20, 2003, in criminal cases, the court will accept for filing all documents submitted, signed, or verified by electronic means that comply with procedures established by the court.
  2. Most of the specific provisions needed to implement ECF in civil cases will be contained in a new local rule with several subsections, and it probably will be designated D. Kan. Rule 5.4. Several other existing local rules will need to be modified slightly. All of the anticipated local rule amendments dealing with ECF in civil cases are set forth in Exhibit 1 hereto and, pursuant to this Standing Order, shall be effective March 20, 2003, until further court order.
  3. Most of the specific provisions needed to implement ECF in criminal cases will be contained in a new local rule with several subsections, and it probably will be designated D. Kan. Rule CR49.1. Several other existing local rules will need to be modified slightly. All of the anticipated local rule amendments dealing with ECF in criminal cases are set forth in Exhibit 2 hereto and, pursuant to this Standing Order, shall be effective May 20, 2003, until further court order.
  4. The Clerk of this court is authorized to develop, implement, publish, and modify as necessary Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in Civil Cases, as well as a separate Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in Criminal Cases, which will include the procedures for registration of attorneys and distribution of passwords to permit electronic filing and notice of pleadings and other papers.

IT IS SO ORDERED.

Dated this 4th day of February, 2003.