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Rule 25: Filing and Service

(a) Document Submission and Filing. A document required or permitted to be filed in the Court with regard to an appeal or petition for extraordinary relief shall be submitted to the Clerk with proof of service. See E-Rule 1(a)(6). Submitted documents otherwise proper for filing shall be filed by the Clerk as of the date of receipt by the Clerk. Parties are responsible for delivery of any document to the Court. Confirmation of receipt or filing may be obtained by accessing the case docket on the Court's website at www.uscourts.cavc.gov


(1) Notice of Appeal or petition for extraordinary relief. A Notice of Appeal or petition for extraordinary relief may be submitted by mail, personal delivery or other delivery service, fax, or as an attachment to an email, as designated in subsection (b).


(2) Representatives, amici curiae, and others authorized to submit documents using CM/ECF. Subject to the exceptions in Rules 25(a)(1) (Document Submission and Filing) and 25(b) (Method and Timeliness) for a Notice of Appeal or petition for extraordinary relief, and for a notice of appearance, fee agreement, or declaration of financial hardship emailed concurrently with the Notice of Appeal or petition for extraordinary relief, all submissions by a representative or amicus curiae and others authorized to use CM/ECF shall be submitted electronically using CM/ECF.


(3) Self-represented litigants and others exempt from using CM/ECF. Subject to the exception in Rule 25(a)(1) (Document Submission and Filing) for a Notice of Appeal or petition for extraordinary relief, and a notice of appearance, fee agreement, or declaration of financial hardship emailed concurrently with the Notice of Appeal or petition for extraordinary relief, all submissions by a self-represented litigant and others who have not been approved for submitting documents electronically using CM/ECF may be submitted by mail, personal delivery, or other delivery service. Additionally, any document other than a brief may be submitted by fax. See Rules 28 (Briefs) and 29 (Brief of an Amicus Curiae).


(b) Method and Timeliness.


(1) Mail, personal delivery, or other delivery service. Submissions by mail, personal delivery, or other delivery service shall be mailed or delivered to the Clerk of the Court, U.S. Court of Appeals for Veterans Claims, 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004-2950.


(A) Submissions through the U.S. Postal Service shall be deemed received by the Clerk as of the date of postmark. Otherwise the Clerk shall use the actual date of receipt for filing purposes.


(B) A document submitted through the U.S. Postal Service by a self-represented appellant who is an inmate confined in an institution is timely filed if the document is deposited in the institution's internal mail system within the time specified for filing and is accompanied by evidence showing the date of deposit and stating that first-class postage has been prepaid.


(2) Fax. Submissions by fax shall be faxed to the Clerk of the Court at (202) 501-5848.


(A) The length of a fax submission is limited. A document submitted by fax shall not exceed 10 pages. The cover sheet of such submission does not count in determining the 10-page limit. A document shall not be submitted by multiple transmissions to avoid the 10-page limit.


(B) The Clerk shall use the actual date of receipt for filing purposes.


(C) Faxed documents shall be preceded by a cover sheet showing the sender's name, address, and telephone and fax numbers; the Court case number and caption; and the number of pages being sent.


(3) Email. A Notice of Appeal, petition for extraordinary relief, or a notice of appearance, fee agreement, or declaration of financial hardship submitted concurrently therewith, may be submitted as an attachment to an email to the Clerk at esubmission@uscourts.cavc.gov. No other documents may be submitted by email. The Clerk shall use the actual date of receipt for filing purposes.


(4) CM/ECF. A separate docket entry shall be used for each document submitted using CM/ECF. The Clerk shall consider the actual date of docket entry as the date of receipt for filing purposes and that date shall constitute the date of filing unless the Clerk notes otherwise on the docket.


(c) Manner and Proof of Service. Any document submitted for filing with the Court shall be served on all parties in the case.


(1) CM/ECF Users. When a document is submitted through the CM/ECF system, the system will electronically generate a notice of docket activity. That notice shall constitute both service and proof of service of the submitted document with regard to any party in that case who is also a CM/ECF User.


(2) Non-CM/ECF Users. Service by or on a party who is a non-CM/ECF User shall be accomplished by providing a copy of the document to be filed to a responsible person at the office of the representative of a party, or the office or home of a party, by personal delivery, mail, or private commercial carrier. Proof of service is accomplished by submitting with the document to be filed either:


(A) an acknowledgment by the person served of his or her personal service, or


(B) a statement certified by the person(s) who made service, showing the date and manner of service and the names and addresses of the persons served.


Proof of service may appear on or be attached to the document filed. The Secretary's representative is the General Counsel of the Department of Veterans Affairs, whose address is General Counsel (027), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420-0002.


(d) Identification. All documents submitted for filing with the Court must be submitted under signature of the party submitting the document or of the party's representative of record. When a document is submitted for filing through CM/ECF or email, it shall contain an "electronic signature." See E-Rules1(a)(2) (Definitions) and 10 (Electronic Signatures).


(e) Requirements for CM/ECF Users.


(1) Representatives. Unless exempted by the Court for good cause and except for documents initiating cases in the Court (such as a Notice of Appeal or petition for extraordinary relief), all documents submitted by a representative must be transmitted electronically using CM/ECF. See generally E-Rules.


(2) Self-Represented litigants. Self-represented litigants may file documents using CM/ECF only if they are approved by the Court. See generally E-Rules.

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