E-Rules 1

Case Management/Electronic Case Filing System

(CM/ECF)E-Rules

The following E-Rules govern the submission of

documents through the CM/ECF system in cases before the

U.S. Court of Appeals for Veterans Claims (the Court). These

E-Rules may be amended from time to time, with or without

prior notice, by further order of the Court. The Court may

deviate from these E-Rules in specific cases as deemed

appropriate.

E-Rule 1 - Definitions

(a) For the purposes of these E-Rules:

(1) The term "CM/ECF" means Case

Management/Electronic Case Filing. CM/ECF

is an automated system for case management

and document filing.

(2) The term "electronic signature" refers to 

an electronic symbol attached to or associated 

with an electronic document and executed or 

adopted with the intent to sign the document. An 

electronic signature shall be positioned on a 

document in the place where a signature would 

normally appear. To indicate the authority of the 

signatory, an electronic signature will typically 

consist of an "/s/" followed by the typed name 

and title of the signatory. The following is an 

example of how a document with an electronic 

signature will appear:

(3)
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Submitted,

/s/ John S. Doe

John S. Doe, Attorney

In general, the "/s/" format for electronic 

signatures is used for CM/ECF Users' 

submissions; e-mail filings from selfrepresented parties, including informal briefs; an 

Appellant/Petitioner's electronic signature on 

Court forms; and any other relevant submission. 

The Court will also accept an electronic 

signature from a commercial provider that 

complies with the Electronic Signatures in 

Global and National Commerce Act (ESIGN) 

(15 U.S.C. § 7001), including on documents 

where multiple signatures may be present (e.g., 

a fee agreement). 

(4) The term "CM/ECF User" means a

registered CM/ECF participant (party or

representative).

(5) The term "locked" means that an electronic

file will be inaccessible to the public and only

accessible to CM/ECF Users in a particular

case.

(6) The term "log-in" means the password and

username issued to each CM/ECF User.

(7) The term "Notice of Docket Activity" means

an electronic notification generated by the

CM/ECF system that is transmitted by email to

all parties and representatives for that case.

This Notice of Docket Activity constitutes
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"notice" and "service" to all CM/ECF Users

who have registered for electronic filing

participation in a particular case.

(8) The term "official record" means the

electronic version of a document that is stored

by the Court within the CM/ECF system, which

is time and date-stamped by CM/ECF when

filed.

(9) The term "password" means a sequence of

characters and letters used to verify the

authenticity of a CM/ECF User's log-in.

(10) The term "PDF" means portable document

format. PDF is a universal electronic file format

designed to allow documents to be viewed,

navigated, and printed from any computer.

(11) The term "personal identifier" means a

Social Security number, date of birth, financial

account number, or name of a minor child. It is

each CM/ECF User's responsibility to redact

personal identifiers from any documents filed

electronically that are not designated as locked

documents.

(12) The term "pro bono limited appearance"

refers to participation by a pro bono

representation program for purposes of filing a

motion for stay of proceedings, pursuant to Rule

5 of the Court's Rules of Practice and Procedure.

U.S. VET. APP. R. 5.

(13) The term "single consolidated document"

means the electronic conversion of multiple

documents into one word processing document

that will become the single PDF document.
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(14) The term "Non-CM/ECF User" means a

self-represented or other party exempted by the

Court from using the CM/ECF system.

E-Rule 2 - Scope of Electronic Filing

(a) Except as otherwise prescribed, all cases filed in the Court

are assigned to the CM/ECF system. Administrative matters,

including attorney disciplinary actions and judicial complaints,

are not assigned to CM/ECF.

(b) Self-represented parties are exempt from submitting

documents through CM/ECF, but may submit any document as

an attachment to an email to the Clerk of Court at selfrep@uscourts.cavc.gov. All documents attached to emails must 

be in pdf format; have at the top the names of the parties and 

the docket number of the case, if one has been assigned; and 

bear an electronic signature. Also, the subject line of the email 

forwarding the document should include the name of the

document (e.g., Motion to Dispute RBA), the names of the

parties and the docket number of the case, if available. See

Rule 25(b)(3) (Method and Timeliness-Email); E-Rule 1(a)(2)

and (9)(Definitions); and E-Rule 10(Electronic Signatures).

(c) Except for documents initiating cases in the Court (such as

a Notice of Appeal or petition for extraordinary relief), all

submissions filed by a representative must be filed

electronically using CM/ECF. But see (e) below. For

documents initiating a case, in addition to conventional

methods of filing, see U.S. VET. APP. R. 3, 4, 25, such

documents may also be filed by attaching the document to an

email sent to esubmission@uscourts.cavc.gov.

(d) If a document is filed electronically, paper copies are not to

be filed. The Court may request paper copies of electronically

filed documents as needed, and the CM/ECF User must
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promptly file the requested copies.

(e) Upon motion and a showing of good cause, the Court may

exempt a representative from these provisions and authorize

filing by means other than use of CM/ECF.

(f) All electronic documents must be filed in pdf format.

E-Rule 3 -CM/ECF Eligibility, Registration, Passwords

(a) All representatives before the Court must register as

CM/ECF Users by reviewing the information supplied on the

Court's website www.uscourts.cavc.gov and completing the

appropriate registration form.

(b) A pro bono limited appearance will have CM/ECF User

status commencing at the time a motion for a stay of

proceedings for the purpose of conducting case evaluation is

filed. See U.S. VET. APP. R. 5. Such CM/ECF User status will

cease when any stay granted is lifted.

(c) Completion of the Court's CM/ECF filer registration

constitutes consent to electronic service through CM/ECF of all

documents as provided in these E-Rules and Misc. Order 19-

07.

(d) CM/ECF Users agree to protect the security of their

passwords and immediately notify the CM/ECF Help Desk

(202-418-3453) if they learn that their password has been

compromised. CM/ECF Users may be sanctioned for failure to

comply with this provision.

(e) A CM/ECF User who does not have any open cases with

the Court and who desires to become inactive may withdraw

from participation in CM/ECF. Withdrawal is accomplished

by providing the Clerk with written notice (to

efiling@uscourts.cavc.gov) of the intent to withdraw. See also

E-Rule 2(e).
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E-Rule 4 - Locked Documents, Redaction

(a) All CM/ECF Users must strive to protect personal

identifiers. In order to allow electronic access to documents,

but also to protect personal privacy and other legitimate interests, 

certain documents in a case will be accessible to the public using 

CM/ECF, and certain documents will be locked and available only to

CM/ECF Users in that case.

(b) Once a Notice of Appeal is received by the Court, the Clerk

will docket the appeal, designate the Secretary as the appellee,

and create an electronic record of the Notice of Appeal. See

U.S. VET. APP. R. 4(b). Because the Notice of Appeal will

likely contain personal identifiers, that electronic record will be

locked and accessible through CM/ECF only to CM/ECF Users

in that case.

(c) Once a petition for extraordinary relief is received by the

Court, the Clerk will docket the petition, designate the

Secretary as the respondent, and create an electronic record of

the petition. See U.S. VET. APP. R. 21(a). Because the petition

will likely contain personal identifiers, that electronic record

will be locked and accessible through CM/ECF only to

CM/ECF Users in that case.

(d) When the Secretary files the Board of Veterans' Appeals

decision in a particular case, see U.S. VET. APP. R. 4(c), the

Secretary must file at least two separate documents under

separate docket entries: (1) a reference transmittal identifying

the Board decision with any necessary personal identifiers;

and (2) the Board decision with any personal identifiers

redacted.

(e) The Record of Proceedings that the Secretary must file

pursuant to Rule 28.1 of the Court's Rules of Practice and

Procedure will be locked and available only to CM/ECF Users
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in that case. See U.S. VET. APP. R. 28.1.

E-Rule 5 - Effects of Filing Through CM/ECF

(a) Electronic filing of a document with the Court consistent

with these E-Rules, and the transmission of a notice of docket

activity from the Court, constitutes filing of the document

under Rules 4 and 25(c)(1) of the Court's Rules of Practice and

Procedure. U.S. VET. APP. R. 4, 25.

(b) The Court will not accept for electronic filing any

document that is not legible, complete, and in PDF format.

When a document has been filed electronically, the official

record is the electronic document stored by the Court, and the

CM/ECF User is bound by the official record.

(c) A document filed electronically is deemed filed at the time

and date stated on the notice of docket activity generated by

CM/ECF. To be timely filed on a specific date, electronic

filing must be completed before midnight Eastern Time, as

shown on the notice of docket activity.

(d) If a CM/ECF-submitted electronic document is not timely

filed because of a power failure or other emergency

circumstance, a CM/ECF User must notify the Court in a

timely manner, explain the reasons for such circumstance, and

seek appropriate relief.

(e) A CM/ECF User who is adversely affected by a technical

failure at the Court in connection with filing or receipt of an

electronic document may seek appropriate relief from the

Court.

E-Rule 6 - Service of CM/ECF Documents

(a) The Court's electronically-generated notice of docket

activity constitutes service of the filed document on all
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CM/ECF Users in that case. Parties who are not registered

CM/ECF Users or CM/ECF-exempt representatives must be

served conventionally (in accordance with Rule 25(b) and (c)

of the Court's Rules of Practice and Procedure) with a copy of

any document filed electronically. U.S. VET. APP. R. 25.

(b) The Secretary is always considered a CM/ECF User. The

Secretary shall provide to the Court a general email address

where notices of docketing activity may be sent in any case

prior to the entry of an appearance of a specific attorney.

E-Rule 7 - Attachments and Exhibits

Unless the Court permits or requires traditional paper filing,

CM/ECF Users must submit all documents such as exhibits or

attachments as a single consolidated document in electronic

PDF format. If a CM/ECF User submits a PDF document

consisting of more than one attachment or exhibit, then the first

page of the consolidated PDF should be a table of contents

corresponding to the pagination of the PDF file.

E-Rule 8 - Sealed Documents

CM/ECF Users must file sealed material or motions to seal

using CM/ECF and a specific docket entry (SEALED

DOCUMENT FILED). Sealed material must also be filed in

accordance with Rule 48 of the Court's Rules of Practice and

Procedure, which requires filing the material with a motion to

seal. If the motion is granted, electronic access to the sealed

material will be automatically limited to the Court and

CM/ECF Users in that case. See U.S. VET. APP. R. 48.
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E-Rule 9 - Retention Requirements

(a) Documents that are electronically filed and require an

original signature of a person other than the CM/ECF User

must be maintained in paper form by the CM/ECF User for a

period of one year after issuance of the Court's final mandate in

the case. See U.S. VET. APP. R. 37(c).

(b) On request of the Court, the CM/ECF User must provide

original documents for review. See E-Rule 2(d).

E-Rule 10 - Electronic Signatures

(a) Electronic signatures are permitted as described in E-Rule 

1(a)(2).

(b) CM/ECF Users are responsible for protecting the security and 

integrity of a CM/ECF User's log-in and password. No person 

may knowingly permit or cause to permit a CM/ECF User's login and password to be used by anyone other than an authorized 

agent of the CM/ECF User. See E-Rule 3(e).

(c) Electronic signatures are considered valid signatures. See ERule 1(a)(2). If any individual objects to the representation of his 

or her signature on an electronic document, he or she must, 

within 10 calendar days of its filing, file a notice setting forth the 

basis of the objection.

E-Rule 11 - Notice and Entry of Court-Issued Documents

(a) Upon issuance of a notice, order, memorandum decision,

opinion, entry of judgment, or mandate in a case assigned to
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CM/ECF, a notice of docket activity is automatically generated

and transmitted to CM/ECF Users in the case. Electronic

transmission of the notice of docket activity constitutes the

notice and service required by Rules 36(b) and 45(c) of the

Court's Rules of Practice and Procedure. U.S. VET. APP. R. 36,

45.

(b) Unless a self-represented party or representative exempted

by the Court from using CM/ECF elects otherwise, the Clerk

will send a copy in paper form of any Court-issued documents

to a party who is a Non CM/ECF User. See U.S. VET. APP. R.

45(c). A Non-CM/ECF User may elect to receive Court -

issued documents via email by submitting written notification

to the Clerk. The written notification may be submitted by

mail, fax (to (202) 501-5848), or email (a self-represented

party should use self-rep@uscourts.cavc.gov; a representative

exempted by the Court from CM/ECF should use

efiling@uscourts.cavc.gov.)

(c) Except as otherwise provided by the Court's Rules of

Practice and Procedure or a Court order, all actions of the

Court relating to cases filed and maintained in the CM/ECF

system will be filed electronically in accordance with these ERules, which will constitute entry on the docket maintained by

the Clerk under Rule 45(b) of the Court's Rules of Practice and

Procedure. U.S. VET. APP. R. 45.

(d) A judicial order or other Court-issued document filed

electronically without the original signature of a Judge or

authorized Court personnel, but that includes an electronic

signature, has the same force and effect as if the Judge or

authorized Court personnel had signed a paper copy of the

order.
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E-Rule 12 - Technology and Compatibility

All CM/ECF Users must create and maintain an electronic

filing system compatible with the Court's CM/ECF system.

The failure to create and maintain an electronic filing system

compatible with the Court's electronic filing system will not be

accepted as a reason for the failure to timely file any electronic

document. The Court's electronic filing system may be

periodically modified or upgraded, and all CM/ECF Users

must modify or upgrade their electronic filing system to

maintain compatibility. Every effort will be made by the Court

to provide advance notice of system modifications or upgrades

that may impact CM/ECF Users.

E-Rule 13 - Public Access

(a) Except for the cases sealed under Rule 48 of the Court's

Rules of Practice and Procedure, documents filed electronically

are public documents and once filed are not protected by

federal privacy statutes or regulations. Documents filed

electronically are automatically linked to automated docket

entries without prior review by personnel of the Court.

Because of the worldwide access to these electronic records,

this fact should be carefully considered by all parties when

filing documents. See U.S. VET. APP. R. 48.

(b) It is the responsibility of all parties to refrain from and

prevent the filing with the Court of any electronic document

that will not be locked that contains personal identifiers or

information such as medical information otherwise protected

by privacy statutes or regulations or that is deemed personal in

nature and not necessary for the resolution of the matters under

consideration by the Court. Redaction of private information

not necessary for the resolution of the matters before the Court
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from documents submitted through CM/ECF or by email or fax

is permitted. Parties wishing to challenge such redactions may

do so by filing a motion with the Court within 15 days of the

document's filing. See U.S. VET. APP. R. 6.