137 

SUPPLEMENT TO APPENDIX B

ELECTRONIC FILING PROCEDURES 

IN VACCINE ACT CASES

I. INTRODUCTION

1. In General. This Supplement sets forth the

procedures governing electronic filings in

Vaccine Act cases.

2. Definitions. For purposes of this

Supplement, the following definitions apply:

(a) “ECF System” means the court’s online

system for electronic case filing;

(b) “ECF case” means a Vaccine Act case

designated by the clerk as an electronic

case in which all filings in the case are

made via the ECF System;

(c) “Non-ECF case” means a Vaccine Act

case designated by the clerk as a pro se

case in which the pro se litigant cannot

be granted access to file documents

electronically via the ECF System;

(d) “Filing User” means an individual to

whom the court has granted access to file

documents electronically via the ECF

System;

(e) “filing” means any document that is filed

electronically via the ECF System or via

e-mail by a pro se litigant; and

(f) “court” means the assigned judge or the

assigned special master.

II. CASE DESIGNATION AND NOTICE

3. Scope.

(a) In General. All newly filed Vaccine Act

cases will be designated ECF cases

except for cases involving pro se

litigants.

(b) Pro Se Cases. All newly filed pro se

Vaccine Act cases will be designated

non-ECF cases.

4. Notice. The clerk will notify counsel and pro

se litigants that a Vaccine Act case has been

designated an ECF case or a non-ECF case by

filing a “Notice of Designation.”

III. ACCESS TO FILE DOCUMENTS VIA

THE ECF SYSTEM; RESPONSIBILITY OF

FILING USERS; EXEMPTION FROM USE

5. Access.

(a) Applications. Applications for access to

file documents electronically via the ECF

System are submitted through PACER

(Public Access to Court Electronic

Records) at www.pacer.gov, and will be

granted to an attorney who is admitted to

the bar of this court. Because of the

restricted nature of Vaccine Act cases,

pro se litigants cannot be granted access

to file documents electronically via the

ECF System.

(b) Notification. The clerk will notify a

Filing User when access to file via the

ECF System has been granted.

6. Use of ECF Account. No Filing User or

other person may knowingly permit or cause a

Filing User’s login and password to be used by

anyone other than an authorized agent of the

Filing User. Any Filing User or other person may

be subject to sanctions for failure to comply with

this provision.

7. Exemption From Filing Electronically in

an ECF Case. By filing an appropriate motion, a

Filing User or an attorney not yet registered as a

Filing User may, for good cause, seek to be

exempted from filing documents electronically

into an ECF case and to convert the case into a

non-ECF case.

IV. FILING REQUIREMENTS IN NONECF CASES

8. Case Initiating Documents.

(a) In General. Vaccine Act petitions, along

with the required filing fee or an

application to proceed in forma pauperis,

and any attachments required under

Vaccine Rule 2(c)(2), must be submitted

in paper form in compliance with RCFC

5.5 by mail or other delivery to:

Clerk

United Stated Court of Federal

 Claims

717 Madison Place, NW 

Washington, DC 20439 

A copy of the applicable schedule of fees may 

be found on the court’s website at 

Supplement to Appendix B
138 

www.uscfc.uscourts.gov or may be obtained 

from the clerk’s office.

(b) Service. Vaccine Act petitions must

include a certificate of service indicating

that one copy of the petition and

accompanying documents has been

served on the Secretary of Health and

Human Services pursuant to Vaccine

Rule 2(e)(1). For electronic service, visit

the court’s website at

www.uscfc.uscourts.gov.

9. Filings in Pending Non-ECF Cases.

(a) ECF Filings. The court, the clerk, and

counsel of record for the United States

must file via the ECF System in NonECF cases.

(b) Filings by Pro Se Litigants.

(i) In General. Pro se litigants may

submit case filings in paper form or

via e-mail to

ProSe_case_filings@cfc.uscourts.gov.

All filings must conform to the

format requirements of RCFC 5.5.

(ii) Format of Filings via E-Mail.

(A) All documents submitted via email must be attached to the email in Portable Document

Format (“PDF”). The e-mail

subject line must include the

case name and docket number

for which the submission is

intended.

(B) Each e-mail submission must be

limited to a document that is

clearly identified as a filing

pursuant to a court rule or in

response to a court order.

(C) Only the contents of the attached

PDF file will be considered part

of the submission and processed

by the clerk. Any content in the

body of the e-mail will not be

reviewed by the clerk or

considered for inclusion in the

case record.

(D) If a document, including exhibits

and attachments, exceeds 50

pages when printed, the pro se

litigant must supply a courtesy

copy of the document in paper

form in accordance with RCFC

5.5(c), unless otherwise ordered 

by the court.

(iii)Signatures on Filings via E-Mail.

(A) To satisfy the signature

requirements of RCFC 11, emailed submissions must include

either a written or an electronic

signature (s/[name of pro se

litigant]).

(B) Pro se litigants may not file

documents via e-mail on behalf

of any other person.

(iv) Revocation of E-Mail Filing

Privileges. E-mail filing privileges

may be revoked by the court at any

time.

V. FILING REQUIREMENTS IN ECF

CASES

10. Filings.

(a) Initial Filings.

(i) The Petition. The filing of a Vaccine

Act petition and the payment of the

initial filing fee may be

accomplished in accordance with

Vaccine Rule 2.

(ii) Required Attachments. The

petition must be accompanied by the

medical records and other documents

(including affidavits) pertaining to

the petition as set forth in Vaccine

Rule 2(c)(2). (See paragraph 13 of

this Supplement, discussing the

alternative method of filing

voluminous medical records via a

portable storage disc or drive.)

(b) Subsequent Filings. Once a case has

been designated an ECF case, all

subsequent filings must be made via the

ECF System, except as provided in this

Supplement or by leave of the court in

exceptional circumstances that prevent a

Filing User from filing via the ECF

System.

(c) Exhibits and Attachments. Unless

otherwise ordered by the court, when

filing an exhibit or attachment, a Filing

User:

(i) must file the exhibit or attachment

via the ECF System along with the

Supplement to Appendix B cont.
139 

main document under one entry 

number; 

(ii) must include the exhibit or

attachment in its entirety; and

(iii)may seek leave to file a

memorandum or brief, generally in

advance of the evidentiary hearing,

to direct the court’s attention to the

most relevant portion of the exhibit

or attachment.

11. Technical Requirements.

(a) Format.

(i) In General. Documents filed via the

ECF System must be:

(A) converted into PDF; and

(B) text searchable.

The ECF System will not accept PDF

files containing tracking tags,

embedded system commands,

password protections, access

restrictions, or other security

features, special tags, or dynamic

features.

(ii) Scanned Documents.

(A) Documents filed via the ECF

System must not be scanned

prior to filing unless the original

documents are unavailable in

electronic form.

(B) A Filing User is responsible for

ensuring the accuracy and

readability of a scanned

document.

(b) Size Limitations.

(i) In General. A single filing may be

divided into multiple PDF files.

(ii) Number of Files. Counsel must

endeavor to limit the total number of

PDF files that constitute a single

filing. All files, however, must

comply with the requirements of

paragraph 12(a) below.

(iii) Size of Files.

(A) Unless otherwise ordered by the

court, each PDF file must not

exceed the size limitation

established by the court.

(B) The current size limitation is

posted on the court’s website or

may be obtained by calling the

clerk’s office.

(iv) Exceeding the Size Limitation. For

files that exceed the size limitation

and cannot be divided into multiple

PDF files, the Filing User may:

(A) use a portable storage disc or

drive; or

(B) seek leave of the court to file in

some other electronic format.

(c) Events. Events are used in the ECF

System for filing documents and creating

docket entries on the docket sheet. A

Filing User:

(i) must select an event or events for

each filed document based on the

purpose of the document or relief

requested; and

(ii) should use the most specific event

available rather than a more generic

event.

(d) Linking Filings. A document filed via

the ECF System—such as a response or

reply—that pertains to a motion or other

filing must be linked properly in the ECF

System to the filing to which it pertains.

12. Dividing Medical Records into Multiple

PDF Files.

(a) Contents and Pagination of Files. Each

file should contain one exhibit and each

exhibit should be independently

paginated (hand-written pagination prior

to scanning is sufficient).

(b) Labeling and Identifying Files. Each

file should:

(i) be consecutively numbered or

lettered as an exhibit;

(ii) be labeled according to its source or

subject matter; and

(iii)include a brief written description of

the records it contains.

For example, the first PDF file might 

contain prenatal records and be labeled 

“Petitioner’s Exhibit 1–Prenatal 

Records, Dr. Smith”; the second PDF file 

might contain birth records and be 

labeled “Petitioner’s Exhibit 2–Birth 

Records, Smalltown Hospital”; the third 

and fourth PDF files might contain 

pediatric records of different physicians 

and be labeled “Petitioner’s Exhibit 3–

Pediatric Records, Dr. John” and 

Supplement to Appendix B cont.
140 

“Petitioner’s Exhibit 4–Pediatric 

Records, Dr. Jack.”

13. Filings Via Portable Storage Discs and

Drives.

(a) In General. Filing documents on a

portable storage disc or drive is

accomplished by:

(i) filing via the ECF System a “Notice

of Intent to File” containing:

(A) an index of the exhibits included

on the disc or drive;

(B) a statement certifying that the

contents of the disc or drive have

been scanned using anti-virus

software with up-to-date antivirus definitions; and

(C) a certificate stating when copies

of the disc or drive were mailed

or delivered to the clerk’s office;

(ii) providing the clerk’s office with one

copy of the disc or drive along with a

printed copy of the “Notice of Intent

to File”; and

(iii)serving one copy of the disc or drive

on opposing counsel.

(b) Date of Filing. The disc or drive is

deemed filed on the date it is received in

the clerk’s office.

(c) Striking a Notice of Intent to File. If the

disc or drive is not received in the clerk’s

office within 5 days after the “Notice of

Intent to File” is docketed via the ECF

System, the court may enter an order

striking the “Notice of Intent to File”

from the docket.

(d) Designation of Files. The name of each

file on the disc or drive should:

(i) begin with the letters “Ex” followed

by the exhibit letter or number (e.g.,

01, 02, . . . 09, 10);

(ii) include a brief description of the

content of the exhibit and the sixdigit docket number (e.g., 98-0000);

(iii)represent spaces with an underscore;

and

(iv) contain “.pdf” as the file extension.

For example, the first PDF file on the disc

or drive might be labeled

“EX01_University_Hospital_98-

0000.pdf.”

(e) Format. Before filing a disc or drive, the

Filing User should:

(i) “close” or finalize the disc or drive so

that additional material cannot be

written onto the disc or drive; and

(ii) scan the disc or drive using

appropriate anti-virus software after

its creation and closure.

(f) Packaging and Labeling. The Filing

User should package the disc or drive in

a paper, plastic, or waxed paper envelope

and label the package with:

(i) the case caption, including the case

number;

(ii) the date of filing; and

(iii)the range of exhibits the disc or drive

contains (e.g., Exhibits 01-20).

VI. FILING PROCEDURES

14. Notice of Filing; Service.

(a) ECF Cases.

(i) Notifying the Parties. At the time a

document is filed, the ECF System

automatically generates a “Notice of

Electronic Filing” and automatically

e-mails the notice to all parties.

(ii) Service. The transmission of the

“Notice of Electronic Filing”

satisfies the service requirement of

RCFC 5 and the proof of service

requirement of RCFC 5.3.

(b) Non-ECF Cases.

(i) Notification of Filings. A pro se

litigant may consent to receive notice

of all filings via e-mail by filing an

E-Notification Consent Form in each

active Vaccine Act case before the

court (see Appendix of Forms, Form

15B).

(ii) Service.

(A) Service by Pro Se Litigants. A

pro se litigant filing in paper

form or via e-mail need not

separately serve his or her filings

on opposing counsel. Opposing

counsel will be served when a

filing is entered by the clerk in

the ECF System.

(B) Service by E-Mail on Pro Se

Litigants. If a pro se litigant has

Supplement to Appendix B cont.
141 

filed an E-Notification Consent 

Form:

(I) the pro se litigant consents to

having his or her e-mail

address entered into the ECF

System to receive notice of

electronic filings;

(II) because of the restricted

nature of Vaccine Act cases,

to satisfy the service

requirement of RCFC 5, the

clerk and opposing counsel

must serve the pro se litigant

via separate e-mail with a

PDF copy of each filing;

(III) to satisfy the proof of

service requirement of

RCFC 5.3, opposing

counsel must attach to each

filing, or file within a

reasonable time after

service, a certificate of

service pursuant to RCFC

5(d)(1)(B) and Vaccine

Rule 17(a)(2); and

(IV) the pro se litigant waives

service by first class mail.

(C) Service by First Class Mail on

Pro Se Litigants. If a pro se

litigant has not consented to

electronic service by filing an ENotification Consent Form:

(I) the clerk will serve the

litigant with all court-issued

filings by first class mail;

and

(II) opposing counsel must serve

the litigant with all of

opposing counsel’s filings in

a manner listed in RCFC

5(b) and attach to each

filing, or file within a

reasonable time after

service, a certificate of

service pursuant to RCFC

5(d)(1)(B) and Vaccine Rule

17(a)(2).

15. Effect of Filing.

(a) ECF Cases. A filing by a party via the

ECF System, together with the

transmission of the “Notice of Electronic

Filing,” constitutes a filing under RCFC 

5 and an entry on the docket kept by the 

clerk under RCFC 58 and 79. 

(b) Non-ECF Cases. A document submitted

by a pro se litigant via e-mail or in paper

form constitutes a filing under RCFC 5

once entered by the clerk in the ECF

System.

16. Official Court Record. The official court

record is the electronic recording of the document

in the ECF System as stored by the court and the

filing party is bound by the document as filed.

17. Date of Filing.

(a) ECF Cases. A document filed in an ECF

case is deemed filed on the date and time

stated in the “Notice of Electronic

Filing.”

(b) Non-ECF Cases. A document submitted

by a pro se litigant via e-mail or in paper

form is deemed filed on the date and time

received by the clerk or, if not in

compliance with the court’s rules, on the

date and time filed by leave of the judge

or special master.

18. Timeliness of Filing. Unless otherwise

ordered by the court, an electronic filing under

this Supplement must be submitted before

midnight local time in Washington, DC, to be

considered timely filed on that date.

19. Date Stamp. The filing date of each filing in

the ECF System will appear at the top of the first

page in an automatically generated banner stating

the case number, the document number, and the

date filed.

VII. SIGNATURES AND RELATED

MATTERS IN ECF CASES

20. Signature Defined. A Filing User’s login

and password will serve as his or her signature on

a filing for all purposes, including those under

RCFC 11.

21. Signature Requirements.

(a) Electronic Signature. Filings must

include a signature block, in compliance

with RCFC 11(a), with the name of the

Filing User under whose login and

password the document is submitted

along with an “s/[name of Filing User]”

typed in the space where the signature

would otherwise appear.

Supplement to Appendix B cont.
142 

(b) Written Signature. A Filing User may

also satisfy the signature requirement by

scanning a document containing his or

her written signature.

(c) Noncompliance. A filing that does not

comply with this provision will be

deemed in violation of RCFC 11 and may

be stricken from the record.

22. Signatures of Multiple Parties. Documents

requiring signatures of more than one party may

be filed via the ECF System:

(a) by submitting a scanned document

containing all necessary written

signatures; or

(b) by submitting a document containing an

electronic signature for each party

(“s/[name of party]”) and the filing

attorney’s representation that the other

parties have reviewed the document and

consent to its filing.

VIII. COURT ORDERS AND

JUDGMENTS

23. Filings by the Court. Any order, opinion,

judgment, or other proceeding of the court will be

filed in accordance with this Supplement.

24. Effect of Filing. A filing by the court under

this Supplement:

(a) is an entry on the docket kept by the clerk

under RCFC 58 and 79; and

(b) has the same force and effect as a paper

copy entered on the docket in the

traditional manner.

25. Notice of Filing; Service.

(a) Notifying the Parties. Notice of a filing

by the court will be accomplished in the

manner prescribed in paragraph 14 of this

Supplement.

(b) Service. Service of a filing by the court

will be accomplished in a manner

prescribed in paragraph 14 of this

Supplement.

26. Court-Ordered Deadlines. If an order or

opinion specifies a due date for the filing of a

document, that date will control over any other

filing deadline listed on the docket for that

document.

IX. PRIVACY

27. Filings Protected Against Public

Disclosure. Except as provided in Vaccine Rule

18, all filings submitted in a Vaccine Act case are

restricted pursuant to the requirement of 42

U.S.C. § 300aa-12(d)(4)(A) and therefore are

accessible only to court personnel and the parties

to the case.

28. Personal Information. Because all filings

submitted by the parties in a Vaccine Act case are

restricted, counsel and pro se litigants need not

redact personal identifiers and other sensitive

information. All documents, including medical

records, should be filed in their original form.

X. PUBLIC ACCESS; TECHNICAL

FAILURE; HYPERLINKS

29. Reviewing Filings. Except as provided in

Vaccine Rule 18, all filings in Vaccine Act cases

are restricted pursuant to 42 U.S.C. § 300aa12(d)(4)(A) and therefore are not accessible to the 

public either in the clerk’s office or via the ECF

System.

30. Technical Failure of the ECF System.

(a) Relief by Motion. If a filing via the ECF

System is deemed untimely as the result

of a technical failure of the ECF System,

the Filing User may seek appropriate

relief from the court.

(b) Deeming the Clerk’s Office

Inaccessible. If the ECF System is

inaccessible for any significant period of

time, the clerk will deem the clerk’s

office inaccessible under RCFC 6.

31. Hyperlinks.

(a) Type. Filings via the ECF System may

contain the following types of

hyperlinks:

(i) hyperlinks to other portions of the

same document;

(ii) hyperlinks to documents already

filed via the court’s ECF System; and

(iii) hyperlinks to a location on the

Internet that contains a source

document for a citation.

(b) Cited Authority. Hyperlinks to cited

authority may not replace standard

citation format. Complete citations must

be included in the text of the filed

document.

Supplement to Appendix B cont.
143 

(c) Limitation. Neither a hyperlink, nor any

site to which it refers, will be considered

part of the record. Hyperlinks are simply

convenient mechanisms for accessing

material cited in a filed document. If a

party wishes to make any hyperlinked

material part of the record, the party must

include the material as an attachment to

the filing.

(d) Disclaimer. The court accepts no

responsibility for, and does not endorse,

any product, organization, or content at

any hyperlinked site, or at any site to

which that site may be linked. The court

accepts no responsibility for the

availability or functionality of any

hyperlink.

Rules Committee Notes

2011 Adoption 

The Supplement to the Vaccine Rules 

replaces former Office of Special Master’s 

General Order No. 13 (“Procedure for Electronic 

Case Filing in Vaccine Act Cases”), issued on 

January 2, 2008, and amended on October 16, 

2008, and establishes electronic case filing as a 

mandatory procedure applicable to all newly filed 

Vaccine Act cases except for those cases 

involving pro se litigants.

2015 Amendment 

Paragraph 4 has been amended by deleting 

the statement that all ECF cases will be listed on 

the court’s website. 

Paragraph 8(a) has been amended to allow a 

petitioner not appearing pro se to file a petition 

and the required attachments electronically.

Former paragraph 25 has been deleted as 

unnecessary. 

2016 Amendment 

Paragraph 9(b) has been amended to clarify 

that a single filing may not exceed 11 separate 

Adobe PDF files. 

In addition, Paragraph 12 has been amended 

by deleting as no longer necessary former 

paragraph 12(b) which provided that the clerk 

“will serve the ‘Notice of Electronic Filing’ (but 

not the underlying filing) on case participants 

who are not Filing Users by e-mail, hand

delivery, facsimile, or first-class postage prepaid 

mail.”

Paragraph 17 also has been amended to 

clarify that the ECF system automatically 

generates a filing date stamp at the top of the first 

page of each filing. 

Finally, paragraph 23(a) has been amended to 

delete the reference to former paragraph 12(b).

2017 Amendment

Paragraph 9(b) has been amended to remove 

the specific limitation on the number of Adobe 

PDF files that constitute a single filing, while 

maintaining the requirement of paragraph 10(a) 

that each PDF file contain only one exhibit. 

2019 Amendment 

Paragraph 20 has been amended to clarify 

that a document requiring the signature of more 

than one party must contain either a scanned 

written signature of each party or an electronic 

signature of each party along with the filing 

attorney’s representation that the other parties 

have reviewed the document and consent to its 

filing. 

2020 Amendment 

 Paragraph 2(c) has been amended to define a 

Filing User as an individual, rather than as a 

member of the court’s bar, to whom the court has 

granted access to file documents electronically in 

the ECF System.

 Paragraph 5 has been amended to reflect that 

applications for access to file documents 

electronically in the ECF System are submitted 

through PACER and that access may be granted 

to an individual who is not represented by an 

attorney only if allowed or so required by court 

order. 

Paragraph 9 has been amended to include 

additional technical requirements related to 

document format, event selection, and linking 

filings.

In addition, paragraphs 9(b), 11 and 15 have 

been amended to substitute the phrase “a portable 

storage disc or drive” for all references to a CDROM.

Finally, new paragraph 29 has been added to 

address hyperlinks in filings. 

Supplement to Appendix B cont.
144 

2023 Amendment 

The Supplement to Appendix B has been 

amended to require the court, the clerk, and 

counsel of record for the United States to file via 

the ECF System in non-ECF cases, and to provide 

pro se litigants with alternative means of 

submitting filings and receiving notice of filings 

electronically.

Supplement to Appendix B cont.