D.C. Mun. Regs. tit. 6, r. 6-B561

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 6-B561 - ELECTRONIC FILING
561.1

All pleadings, motions, memoranda of law, orders, or other documents to be filed in connection with a case must be filed electronically through File & ServeXpress, except for documents excluded by these rules, including §§ 502.5 and 502.10(a), or by order of the Executive Director.

561.2

Unless the Board orders otherwise, an original of a document filed electronically, including original signatures, must be maintained by the party filing the document and must be made available, upon reasonable notice, for inspection by another party or the Board.

561.3

Any pleading filed electronically is deemed filed with the Board at the time the transaction is completed. 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 must be deemed to have been filed on the day and at the time of the next opening of the Board for business.

561.4

File & ServeXpress is the Board agent for the electronic filing, receipt, service, or retrieval of any pleading or document filed electronically. Upon filing and receipt of a document, File & ServeXpress issues a confirmation that the document has been received. The confirmation serves as proof that the document has been filed.

561.5

If 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 file an order permitting the document to be filed nunc pro tunc on the date it was first attempted to be filed electronically.
561.6

Documents filed electronically must be formatted as an 81/2-inch by 11- inch document with black print on a white background.

561.7

Every pleading, document, and instrument electronically filed must be deemed to have been signed by the representative or pro se party and must bear a facsimile or typographical signature of such person, along with the name, address, and telephone number. Typographical signatures must be styled "/s/ name" and must be treated as personal signatures for all purposes under these rules.

561.8

When cases are consolidated, all parties must file a notice of appearance in the designated lead case. A single filing in the lead case is deemed to be filed in all cases consolidated with it.

561.9

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

561.10

Documents may be filed under seal if leave is granted by the Executive Director upon motion of a party. 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.

D.C. Mun. Regs. tit. 6, r. 6-B561

Notice of Final Rulemaking published at 59 DCR 2460 (March 30, 2012); as amended by Notice of Final Rulemaking published at 59 DCR 4220 (May 4, 2012); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)
Authority: The Public Employee Relations Board (Board), pursuant to the District of Columbia Government Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Official Code § 1-605.02(11) (2006 Repl. & 2011 Supp.) and D.C. Official Code § 1-617.02(a) -(d) (2006 Repl.)).