TRAP Rule 9.2: Filing

(a) With Whom. A document is filed in an appellate court by delivering it to:

(1) the clerk of the court in which the document is to be filed; or
(2) a justice or judge of that court who is willing to accept delivery. A justice or judge who accepts delivery must note on the document the date and time of delivery, which will be considered the time of filing, and must promptly send it to the clerk.

(b) Filing by Mail.

(1) Timely Filing. A document received within ten days after the filing deadline is considered timely filed if:
- (A) it was sent to the proper clerk by United States Postal Service or a commercial delivery service;
- (B) it was placed in an envelope or wrapper properly addressed and stamped; and
- (C) it was deposited in the mail or delivered to a commercial delivery service on or before the last day for filing.
(2) Proof of Mailing. Though it may consider other proof, the appellate court will accept the following as conclusive proof of the date of mailing:
- (A) a legible postmark affixed by the United States Postal Service;
- (B) a receipt for registered or certified mail if the receipt is endorsed by the United States Postal Service;
- - (C) a certificate of mailing by the United States Postal Service; or
- (D) a receipt endorsed by the commercial delivery service.

(1) Requirement. Attorneys in civil cases must electronically file documents. Attorneys in criminal cases must electronically file documents except for good cause shown in a motion filed in the appellate court. Unrepresented parties in civil and criminal cases may electronically file documents, but it is not required.
(2) Mechanism. Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
(3) Exceptions. Documents filed under seal, subject to a pending motion to seal, or to which access is otherwise restricted by law or court order must not be electronically filed. For good cause, an appellate court may permit a party to file other documents in paper form in a particular case.
(4) Timely Filing. Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:
- (A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
- (B) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.
(5) Technical Failure. If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.
(6) Confirmation of Filing. The electronic filing manager will send a filing confirmation notice to the filing party.
(7) Electronic Orders, Notices, and Other Documents From the Court.
- (A) In Civil Cases.
- - (i) Except as provided in (ii), the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
- - (ii) The clerk need not send orders, notices, or other documents electronically:
- - - (a) when sealed or when access is otherwise restricted by law or court order; or
- - - (b) when an unrepresented party has not provided an e-mail address.
- (B) In Criminal Cases.
- - (i) The clerk may electronically send notices and other documents to the parties. A court seal may be electronic.
- - (ii) Except as provided in (iii), the clerk must send orders to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
- - (iii) The clerk need not send orders electronically:
- - - (a) when sealed or when access is otherwise restricted by law or court order; or
- - - (b) when an unrepresented party has not provided an e-mail address.