Section 6-B561. ELECTRONIC FILING  


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    561.1All pleadings, motions, memoranda of law, orders, or other documents shall be filed electronically through File & ServeXpress, except for such documents as may be excluded by these rules or by order of the Board or Executive Director. 

     

    561.2[REPEALED].

     

    561.3Unless the Board orders otherwise, an original of all documents filed electronically, including original signatures, shall be maintained by the party filing the document and shall be made available, upon reasonable notice, for inspection by other counsel or the Board. From time to time, it may be necessary to provide the Board with a hard copy of an electronically filed document.

     

    561.4Any pleading filed electronically shall be considered filed with the Board at the time the transaction is completed (authorized date and time). Any document filed with the Board before midnight Eastern Time is deemed filed with the Board on that date; however, for the purpose of computing time for any other party to respond, any document filed on a day or at a time when the Board is not open for business shall be deemed to have been filed on the day and at the time of the next opening of the Board for business.

     

    561.5File & ServeXpress is hereby appointed the Agent of the Board as to the electronic filing, receipt, service, and/or retrieval of any pleading or document maintained electronically. Upon filing and receipt of a document, File & ServeXpress shall issue a confirmation that the document has been received. The confirmation shall serve as proof that the document has been filed. A filer will receive an email notification of document(s) that the Board subsequently rejects, and may be required to refile the document(s) to meet necessary filing requirements.

     

    561.6If the electronic filing is not filed with the Board because of: (1) an error in the transmission of the document to File & ServeXpress, which was unknown to the sending party; (2) File & ServeXpress’s failure to process the electronic filing upon receipt; or (3) other technical problems that the filer might experience, the Board or Executive Director may upon satisfactory proof enter an order permitting the document to be filed nunc pro tunc to the date it was first attempted to be filed electronically.

     

    561.7Documents filed electronically shall comply with the following requirements:

     

    (a)In accordance with § 501, all electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings, and in such other and further format as the Board may require from time to time;

     

    (b) Every pleading, document, and instrument electronically filed shall be deemed to have been signed by the attorney or declarant and shall bear a facsimile or typographical signature of such person, along with the typed name, address, and telephone number. Typographical signatures shall be styled /s/ name and shall be treated as personal signatures for all purposes under these rules; and

    (c)Where counsel is filing a pleading in consolidated cases, a single filing in the lead case is deemed to be filed in all cases consolidated with it.

     

    561.8[REPEALED].

     

    561.10The Board may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of this section.

     

    561.11A motion to file documents under seal shall be filed and served electronically. Redacted copies of documents filed under seal may be filed and served electronically.  Documents filed under seal containing confidential information may be filed conventionally (in physical form) or as a sealed electronic document.

     

     

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 59 DCR 2460 (March 30, 2012); as amended by Final Rulemaking published at 59 DCR 4220 (May 4, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).