Rule XLII - Supreme Court Rules - Louisiana Supreme Court

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<h3 style="text-align:center;">SUPREME COURT OF LOUISIANA </h3><h4 style="text-align:center;">PART P. ELECTRONIC FILING </h4><h4>RULE XLII. ELECTRONIC FILING </h4>Section 1. Definitions A. Case Management System (&ldquo;CMS&rdquo;) means the system used by the Supreme Court of Louisiana for maintaining conventionally and electronically filed documents at the Court. B. Conventional Filing means the filing of paper documents pursuant to the provisions of Rules I through XIII. C. Court Data/Document Exchange (&ldquo;CDX&rdquo;) means the system maintained by the Court for Registered Users to electronically file documents. D. Docket Number means the number assigned to a case by the Clerk of Court. E. Document means any instrument on which is recorded, by means of letters, figures or marks the original, official or legal form of something, which may be evidentially used. F. Electronic Filing means uploading a document directly from the Registered User&rsquo;s computer to the Court Data/Document Exchange. G. Electronic Filing Costs means the costs charged to Registered Users by the Court for Electronic Filing and distribution of paper copies required by the Court. H. Filing Confirmation means the written notice that is electronically mailed to the Registered User by the Court Data/Document Exchange displaying the Filing Number previously electronically mailed to the Registered User, the Docket Number assigned to the case, the date and time of electronic filing of the document and whether the Clerk of Court has accepted or rejected the electronically filed document. The Filing Confirmation shall constitute proof of the electronic filing of a document. I. Filing Number means the number that is electronically mailed to the Registered User by the Court Data/Document Exchange immediately upon electronic receipt of the uploaded document from the Registered User&rsquo;s computer. J. Registered User means any attorney who has completed the Court Data/Document Exchange Training Course, has registered a username and password with the Court Data/Document Exchange and been approved by the clerk of court for the electronic filing of documents. Section 2. Scope A. Attorneys admitted to and in good standing with the Supreme Court of Louisiana may electronically file documents as provided in this Rule. B. Any document which may be filed by conventional filing may be electronically filed. C. An electronically filed document has the same legal effect as a conventionally filed document. D. If a document is electronically filed, the electronic document constitutes the official original court record of said document. E. The electronic filing of a document does not relieve the Registered User of any legal duty to serve copies on parties and/or lower courts as required by order, rule or statute. F. Electronic filings will be accepted by the Court in a pending matter regardless of the form of filing of previous or subsequent documents in a case. G. The Supreme Court of Louisiana shall provide technical support for its Court Data/Document Exchange during normal business hours. The failure of technical support to resolve a technical issue arising on the user&rsquo;s side shall not be considered in determining the timeliness of any electronic filing. H. To the extent of any conflict between the provisions of this Rule and the provisions of Rules I through XIII, the provisions of this Rule will prevail. Section 3. Registration, Change of Contact Information, Usernames and Passwords A. Attorneys admitted to and in good standing with the Supreme Court of Louisiana may register to file documents through the Court Data/Document Exchange located at the Court&rsquo;s website, <a href="http://cdx.lasc.org" target="_blank">http://cdx.lasc.org</a>. B. Registration will be on a form available on the Court Data/Document Exchange. The form shall include the Registered User&rsquo;s name, address, telephone number, electronic mail address and Louisiana State Bar number. C. Any Registered User whose name, address, telephone number or electronic mail address changes, must update the information on the Court Data/Document Exchange. If a Registered User does not keep his or her name, address, telephone number, or electronic mail address current, the account access will be suspended. Updating this information on the Court Data/Document Exchange does not relieve an attorney from complying with the requirements contained in Rule XVIII, Sections 1 and 2. D. After registration is complete, a Registered User will be offered mandatory training on the Court Data/Document Exchange. E. Once training has successfully been completed, the Registered User will submit one username and password. The Clerk of Court will review the Registered User&rsquo;s registration and, upon the Clerk of Court&rsquo;s approval, the Registered User may file documents through the Court Data/Document Exchange. F. The Registered User is responsible for all documents filed, and any fees or costs incurred in doing so, whether or not the Registered User performs the physical act of filing such documents. G. Registration as a Registered User constitutes consent to an electronically mailed notice of receipt of document(s) by the Court. H. Registration as a Registered User constitutes consent to pay Electronic Filing Costs as set by the Court. I. The Court reserves the right to revoke a Registered User&rsquo;s privileges with or without cause. Section 4. Document Format A. An electronically filed document shall comply with all Rules governing conventional filings, including but not limited to page limitations, paper size, font type, margin width and font size. B. An electronically filed document must be in text-searchable PDF-A format. Appendix and/or exhibit materials may be scanned if necessary, but should maintain 300 dots per inch when scanned. C. A Registered User may electronically upload multiple documents in a single electronic filing through the Court Data/Document Exchange. The Registered User will receive a single Filing Number and Filing Confirmation for the electronically filed documents. D. An electronically filed document may contain hyperlinks to another part of the same document, a motion and order electronically filed with the document or an appendix and/or exhibit electronically filed with the document. No other hyperlinks are permitted. E. The size of any single electronic filing shall not exceed 175 megabytes. F. A Registered User must refrain from including, or must partially redact where inclusion is necessary, any personal data identifiers from all documents electronically filed, including exhibits, unless otherwise ordered by the Court. G. An electronically filed document must not contain a virus, malware, encryption, public key infrastructure, password or any other type of rights management when uploaded. H. The Clerk of Court may reject an electronically filed document for nonconformance with any Rule. Section 5. Signatures A. The Registered User&rsquo;s username and password constitute the Registered User&rsquo;s signature on an electronically filed document. The Registered User must also include the notation, &ldquo;/s/&rdquo;, and the Registered User&rsquo;s name in the space where the Registered User&rsquo;s signature would otherwise appear on the electronically filed document. B. When a Registered User electronically files a document requiring multiple signatures, the Registered User will include a statement in the electronically filed document, following the Certificate of Service, setting forth the Registered User&rsquo;s authority to submit the electronically filed document on behalf of the other signatories. C. Signature(s) on an electronically filed document shall have the same legal effect as any signature(s) on a conventionally filed document. Section 6. Timeliness A. Documents may be electronically filed at any time and shall be deemed filed with the Court at the date and time of the electronic filing.&nbsp; However, documents electronically filed after 4:30 P.M. Central Time will be processed by the Clerk of Court beginning at 8:30 A.M. Central Time on the next day of business. B. Following the electronic filing of a document, the Court Data/Document Exchange will provide the Registered User with a Filing Number by electronic mail, documenting that the electronic filing has been received by the Court Data/Document Exchange. C. Once processed by the Clerk of Court, the Court Data/Document Exchange will provide the Registered User, and those Registered Users designated by the electronically filing Registered User, with a Filing Confirmation by electronic mail, documenting the Filing Number previously assigned to the electronically filed document, the Docket Number of the case, the date and time of filing of the electronically filed document and whether the Clerk of Court has accepted or rejected the electronically filed document. D. Once a document is electronically filed by the Registered User through the Court Data/Document Exchange, the Registered User is bound by the document as electronically filed. E. An electronically filed document will be considered timely filed if electronic filing is completed at any time before 12:00 A.M. Midnight Central Time on or before the date on which the document is due unless another specific time is mandated by order, rule or statute. F. A Registered User whose electronic filing is untimely due to technical failure may seek relief from the Court. Section 7. Rejected Electronic FilingsA. If an electronically filed document has been rejected by the Clerk of Court, the Registered User and those Registered Users designated by the electronically filing Registered User will receive notification of the rejection in the Filing Confirmation together with a written reason as to why the electronically filed document was rejected. B. If an electronically filed document has been rejected by the Clerk of Court, the Registered User will have seven (7) calendar days from the date of transmission by the Clerk of Court to the Registered User of the electronically mailed Filing Confirmation to re-file the document(s) either electronically or conventionally. C. A properly re-filed document will retain the date and time of its original electronic filing. Section 8. Electronic Filing of Documents Cost(s) A. The Court will charge for costs in connection with the electronic filing of documents. B. The electronic filing costs will be collected at the time the Registered User electronically files documents. Section 9. Electronic Priority/Stay Requests A. A Registered User may electronically file a document seeking priority consideration of same and/or a request for stay of proceedings. However, the Clerk of Court or designee must be contacted by telephone prior to the electronic filing of such a document. B. If a Registered User electronically files a document seeking priority consideration and/or a stay request, the Registered User must indicate such request by attaching the Court&rsquo;s Priority Filing Sheet when uploading the electronic document to the Court Data/Document Exchange. Section 10. Electronic Sealed/Confidential Filings A. A motion to electronically file sealed documents and the documents to be sealed, documents previously sealed by lower court order and/or documents that are confidential by operation of law may be filed electronically. B. If a Registered User electronically files a motion to electronically file sealed documents and the documents to be sealed, documents previously sealed by lower court order and/or documents that are confidential by operation of law, the Registered User must indicate such request when uploading the electronic document to the Court Data/Document Exchange.Section 11. Electronic Notice The Court Data/Document Exchange will electronically mail a Filing Confirmation to the Registered User who initiated the electronic filing of a document, as well as any other Registered Users designated in the electronically filed document. This notice cannot be substituted for the legal duty to serve the electronic document on parties and/or lower courts as required by order, rule or statute. Section 12. Electronic Filing Errors A. The Court will not permit the Registered User to electronically alter and/or change any document. B. If a Registered User discovers an error in an electronic filing, the Registered User should report the error to the Clerk of Court by telephone at (504) 310-2300. &nbsp; 
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