- Filing of Papers.
Except as otherwise permitted or required by the Federal Rules, these local rules, or order, the original of all papers, not electronically filed, that must be filed with the court shall be filed at the clerk's office at the point of holding court in which the particular action or proceeding is docketed. In emergency situations, due to travel conditions, time limitations or other factors, filings may be made at any of the clerk's offices, in which event the papers so filed shall be forwarded by the receiving clerk's office to the clerk's office at the point of holding court in which the particular action or proceeding is docketed.
- Filing by Facsimile Transmission.
The clerk's office will not accept any facsimile transmission for filing unless ordered by the court.
- Filing by Electronic Means.
"Electronic Filing" means uploading a document directly from the filer's computer using the Court's Case Management/Electronic Filing System (CM/ECF) onto the case docket.
Pursuant to FR Civ P 5(d)(3), the clerk's office will accept pleadings or documents filed, signed or verified by electronic means that are consistent with the technical standards, if any, that the Judicial Conference of the United States establishes. A pleading or document filed by electronic means in compliance with this Rule constitutes a written paper for the purpose of applying these Rules and the Federal Rules of Civil Procedure. All electronic filings shall be governed by the court's Administrative Procedures for Electronic Case Filing, the provisions of which are incorporated by reference, and which may be amended from time to time by the court.
- Documents filed by an attorney must include the attorney’s registration number. Attorneys who are licensed in West Virginia must provide their West Virginia license number as their attorney-registration number. Visiting Attorneys licensed in a state other than West Virginia must provide the state of licensure and the license number as their attorney-registration number.
- Service of Documents through the Court’s Electronic Transmission Facilities: A party may serve a paper under FR Civ P 5(b)(2)(E) by using the court’s electronic transmission facilities in accordance with the court’s Administrative Procedures for Electronic Case Filing. If a document is served electronically, the notice of electronic filing generated by the court’s electronic transmission facilities constitutes a certificate of service with respect to those persons to whom electronic notice of the filing is sent, and no separate certificate of service need be filed with respect to those persons.
Because the electronic notification also identifies parties and/or attorneys that are NOT registered users of the system, the filer is responsible for serving copies of pleadings on unregistered users by other means. A certificate of service should be electronically filed with the Court anytime a document must be served by other than electronic means.
Filing Pleadings and Other Papers