(a) Filing.
(1) Filing with the Clerk. A paper required or permitted to be
filed in a court of appeals must be filed with the clerk.
(2) Filing: Method and Timeliness.
(A) Nonelectronic Filing.
(i) In General. For a paper not filed electronically,
filing may be accomplished by mail addressed to the
clerk, but filing is not timely unless the clerk receives
the papers within the time fixed for filing.
(ii) A Brief or Appendix. A brief or appendix not filed
electronically is timely filed, however, if on or before
the last day for filing, it is:
• mailed to the clerk by first-class mail, or other
class of mail that is at least as expeditious, postage
prepaid; or
• dispatched to a third-party commercial carrier
for delivery to the clerk within 3 days.
(iii) Inmate Filing. If an institution has a system de-
signed for legal mail, an inmate confined there must
use that system to receive the benefit of this Rule
25(a)(2)(A)(iii). A paper not filed electronically by an
inmate is timely if it is deposited in the institution’s
internal mail system on or before the last day for fil-
ing and:
• it is accompanied by: a declaration in compli-
ance with 28 U.S.C. §
1746—or a notarized state-
ment—setting out the date of deposit and stating
that first-class postage is being prepaid; or evi-
dence (such as a postmark or date stamp) showing
that the paper was so deposited and that postage
was prepaid; or
• the court of appeals exercises its discretion to
permit the later filing of a declaration or notarized
statement that satisfies Rule 25(a)(2)(A)(iii).
(B) Electronic Filing and Signing.
(i) By a Represented Person—Generally Required; Ex-
ceptions. A person represented by an attorney must
file electronically, unless nonelectronic filing is al-
lowed by the court for good cause or is allowed or re-
quired by local rule.
(ii) By an Unrepresented Person—When Allowed or
Required. A person 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 reason-
able exceptions.
(iii) Signing. A filing made through a person’s elec-
tronic-filing account and authorized by that person,
together with that person’s name on a signature block,
constitutes the person’s signature.
(iv) Same as a Written Paper. A paper filed electroni-
cally is a written paper for purposes of these rules.
(3) Filing a Motion with a Judge. If a motion requests relief
that may be granted by a single judge, the judge may permit
the motion to be filed with the judge; the judge must note the
filing date on the motion and give it to the clerk.
(4) Clerk’s Refusal of Documents. The clerk must not refuse
to accept for filing any paper presented for that purpose solely
because it is not presented in proper form as required by these
rules or by any local rule or practice.
(5) Privacy Protection. An appeal in a case whose privacy
protection was governed by Federal Rule of Bankruptcy Pro-
cedure 9037,
Federal Rule of Civil Procedure 5.2, or Federal
Rule of Criminal Procedure 49.1 is governed by the same rule
on appeal. In all other proceedings, privacy protection is gov-
erned by
Federal Rule of Civil Procedure 5.2, except that Fed-
eral Rule of Criminal Procedure 49.1 governs when an extraor-
dinary writ is sought in a criminal case. The provisions on re-
mote electronic access in
Federal Rule of Civil Procedure5.2(c)(1) and (2) apply in a petition for review of a benefits deci-
sion of the Railroad Retirement Board under the Railroad Re-
tirement Act.
(b) Service of All Papers Required. Unless a rule requires service
by the clerk, a party must, at or before the time of filing a paper,
serve a copy on the other parties to the appeal or review. Service
on a party represented by counsel must be made on the party’s
counsel.
(c) Manner of Service.
(1) Nonelectronic service may be any of the following:
(A) personal, including delivery to a responsible person
at the office of counsel;
(B) by mail; or
(C) by third-party commercial carrier for delivery within
3 days.
(2) Electronic service of a paper may be made (A) by sending
it to a registered user by filing it with the court’s electronic-
filing system or (B) by sending it by other electronic means
that the person to be served consented to in writing.
(3) When reasonable considering such factors as the imme-
diacy of the relief sought, distance, and cost, service on a
party must be by a manner at least as expeditious as the man-
ner used to file the paper with the court.
(4) Service by mail or by commercial carrier is complete on
mailing or delivery to the carrier. Service by electronic means
is complete on filing or sending, unless the party making serv-
ice is notified that the paper was not received by the party
served.
(d) Proof of Service.
(1) A paper presented for filing must contain either of the
following if it was served other than through the court’s elec-
tronic-filing system:
(A) an acknowledgment of service by the person served;
or
(B) proof of service consisting of a statement by the per-
son who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) their mail or electronic addresses, facsimile
numbers, or the addresses of the places of delivery, as
appropriate for the manner of service.
(2) When a brief or appendix is filed by mailing or dispatch
in accordance with Rule 25(a)(2)(A)(ii), the proof of service
must also state the date and manner by which the document
was mailed or dispatched to the clerk.
(3) Proof of service may appear on or be affixed to the papers
filed.
(e) Number of Copies. When these rules require the filing or fur-
nishing of a number of copies, a court may require a different
number by local rule or by order in a particular case.