Rule 38A - General rule on electronic filing and service of documents(a)Application. This rule may be referred to as the "E-Filing Rule" and shall govern electronic filing and service of documents and maintenance of case-related information in the Intermediate Court and the Supreme Court. (b)Definitions.(1) "Action" - Any matter, issue, or proceeding filed or pending before the Intermediate Court or the Supreme Court.(2) "Credentials" - The unique account username and password assigned to each E-Filing System registered user.(3) "Document" - Any pleading, motion, notice of appeal, or other document intended to be filed in an Action.(4) "E-File Case" - Any Action in which Documents will be electronically filed and serve d.(5) "E-Filing Rule" - Rule 38A of the Rules of Appellate Procedure.(6) "E-Filing Receipt"^ The electronic document generated by the E-Filing System upon proper filing of a Document electronically.(7) "E-Filing System" - The applications that support electronic filing and service in the Intermediate Court and the Supreme Court, as designated by the Supreme Court. (8) "E-Filing System Administrator" - The provider of access to the E-Filing System and related support systems, as designated by the Supreme Court.(9) "Notice of Electronic Filing" - The electronic document generated and emailed to Users in an Action notifying Users when a Document is electronically filed.(10) "User" - A person who is approved by the Supreme Court to participate in the E-Filing System.(c)Filing of actions. Electronic filing is mandatory for all Actions in the Intermediate Court or the Supreme Court, unless otherwise provided in these rules or by order, and shall be subject to this E-Filing Rule. Parties not represented by an attorney may file Actions electronically or file paper documents with the Clerk, who shall electronically file the Actions upon receipt. The Intermediate Court, the Supreme Court, or the Clerk shall not offer to attorneys any alternative electronic document filing transmission system (including facsimile or e-mail filing), except for good cause shown.(d)Integration with other rules. The filing and service of Documents in an E-File Case in accordance with this E-Filing Rule shall constitute compliance with the Rule 37.(e)Becoming an authorized user; credentials; payment of filing fees. The E-Filing System requires Users to complete training and become registered participants in order to file and serve, receive service, access, and use the system. Each User shall provide the information necessary to complete registration, and pay all applicable fees associated with filing Actions at rates approved by the Supreme Court. Upon completion of the registration, Users receive credentials by email from the provider.(f)User responsibility to maintain accurate information. Users shall maintain accurate information within the E-Filing System and shall include a firm name, if any, mailing address, and email address. Participants who have set an email notification preference are solely responsible for providing an accurate, up-to-date email address and for ensuring that the email account is properly con figured to receive Notices of Electronic Filing.(g)User responsibility for security. Each User is responsible for the confidentiality, security, and use of their Credentials. If a User becomes aware that Credentials have become compromised, the User shall take immediate measures to change Credential password or profile information.(h)User responsibility for compliance with rules. Use of Credentials shall constitute (a) an agreement by the User to comply with this E-Filing Rule and that any filings made under their Credentials will comply with this E-Filing Rule, and (b) an acknowledgement that the User's email address is current, functional, and capable of receiving Documents served electronically.(i)Use of credentials by others. K User my authorize another User to file on their behalf provided that each user utilizes their unique credentials.(j) Signatures. Each Document shall be deemed to have been signed by the attorney, or by the party not represented by an attorney who authorized the filing, and shall bear a facsimile or typographical signature of such person, e.g. "/s/ Adam Attorney." Each Document e-filed by or on behalf of a party shall also include the address, telephone number, and email address of the attorney or unrepresented party filing such document. Attorneys shall also include their West Virginia State Bar Identification Number or a notation that the attorney has been admitted pro hac vice. The e-filing of a Document by a lawyer, or another under the authorization of a lawyer, signed in the manner described in this Rule shall constitute a signature. (k)Authenticity. Documents filed electronically in accordance with these E-Filing Rules and accurate printouts of such documents shall be deemed authentic. (l)Preservation of originals. Where original documents exist, parties not represented by an attorney and attorney filers shall retain original documents until five (5) years following the final disposition of an Action. When necessary, the Intermediate Court or the Supreme Court may order production of original documents.(m)Form of document. All Documents must comply with Rule 38 's format standards and must be produced in a format and resolution that is both legible and acceptable within the E-filing System. If a Document is unable to be produced according to these standards, (audio recordings, videos, large maps, etc.), then the Document must be filed conventionally with the Clerk. Except as described in these E-Filing Rules, all Documents filed electronically shall comply with other rules or statutes. (n)Title and description of document. All Documents filed electronically shall be appropriately titled and described by the User within the E-Filing System. Titles contain generic document types generated by the E-Filing System, and the User must appropriately title, e.g., Motion to for Extension of Time, Motion for Leave to Supplement the Appendix Record, etc. Descriptions are entered by Users into text fields, and the User must accurately describe the Document, e.g., Petitioner's Brief, Respondent's Brief, etc.(o)E-Filing receipts; effect of E-Filing; date and time of E-Filing. Once a Document is properly filed, the E-Filing System shall generate an E-Filing Receipt for that Document. A filing is not completed until the User making the filing has received the E-Filing Receipt. The Document shall be deemed filed with the Clerk in the Action on the date and time noted on the E-Filing Receipt. It is the responsibility of the User to check their Online Inbox with the E-Filing System email to view e-filed documents. Courtesy email notification of a filing shall not constitute service.(p)Action number. Notices of Appeal or other initiating Document filed electronically shall be filed with the Action number blank. The E-filing System automatically assigns an appropriate Action number upon completion of electronically filing the Notice of Appeal or other initiating Document.(q)Electronic service. Except where otherwise provided, every e-filed document shall be e-served. The E-Filing System shall generate a Notice of Electronic Filing and email it to the email address of record of the filing User and any attorney Users who have appeared in the Action who are also Users of the E-Filing System. The Notice of Electronic Filing will include the Document filed as an attachment or a link to download the Document. Upon receipt of the Notice of Electronic Filing, service is complete and effective to those parties who are Users of the E-Filing System as of the date and time listed on the Notice of Electronic Filing and shall be considered service under Rule 37. It is the responsibility of the User to check their registered email to view e-filed and served documents. Courtesy email notification of a filing shall not constitute service. (r)Service to parties who are not Users of the E-Filing System. A User making a filing on the E-Filing System must determine if any parties in the Action are not Users and therefore not capable of receiving electronic service. If any such non-User has appeared as a party in the Action, the User making an e-filing must provide service to the non-U ser using traditional service methods.(s)Unavailability of E-Filing System. If a party misses a filing deadline because of an inability to electronically file Documents based upon the unavailability of the E-Filing System, the party may submit the untimely Document, accompanied by a sworn declaration stating the reason for missing the deadline no later than 12:00 p.m. of the first day on which the Office of the Clerk is open for business following the original filing deadline.(t)Filing of sealed documents. A motion to seal documents shall be e-filed and served. However, any documents that are the subject of a motion to seal shall be physically filed with the Clerk enclosed in sealed envelopes to be opened as directed by court order.(u)Private information. Users must comply with Rule 40. Unless expressly required by law, Users shall not e-file any Document available to the public that contains any person's social security, employer taxpayer identification, drivers' license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code or passwords. Redactions, where necessary, shall ensure complete privacy of the information. It shall be the sole responsibility of the User filing a Document to comply with this Rule. Neither the court nor the circuit clerk shall be responsible for reviewing Documents for compliance with this Rule.(v)Entry of order and judgment; notice. Orders and mandates issued by the Intermediate Court or the Supreme Court shall bear an electronic signature and an official e-filing court stamp and shall be e-filed and served. Opinions and memorandum decisions shall bear an e-filing court stamp and shall be e-filed and served. Non-Users shall be served by mail. The date of the official e-filing court stamp shall constitute the date of entry of the order, opinion, memorandum decision, or mandate. An electronic register of actions, with associated documents and filing receipts, shall be maintained as part of the E-Filing System and shall constitute the electronic docket. Documents that are e-filed constitute the official court record, and e-filed documents have the same force and effect as documents file d by traditional means.(w)Public access to court records. The Clerk will make available to the general public access to the electronic docket, pleadings and other documents that are not sealed or otherwise confidential. Copies made from the electronic records shall be printed by the Clerk, who shall charge standard copying fees if applicable. Adopted June 15, 2022, effective 7/1/2022.CLERK'S Note: The amendments will implement electronic filing (e-filing) in the Intermediate Court of Appeals and Supreme Court of Appeals on July 1,2022. Electronic filing does not apply to those cases pending with the Supreme Court before July 1,2022.