# Proposed Amendments to the Federal Rules of Appellate, (2026)

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

PRELIMINARY DRAFT
Proposed Amendments to the Federal Rules of Appellate,
Bankruptcy, Civil, and Criminal Procedure, and the Federal
Rules of Evidence

Request for Comments on Amendments to:
Appellate Rule

25

Bankruptcy Rules

2003, 5005, 8011, 9006, 9036, and 9037

Civil Rules

5, 5.2, 6, and 55

Criminal Rules

11, 32, 45, 49, and 49.1

Evidence Rules

104 and 902

Written Comments Due By
February 15, 2027

Prepared by the
Committee on Rules of Practice and Procedure
Judicial Conference of the United States

August 2026

COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE

JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
JAMES C. DEVER III
CHAIR

CHAIRS OF ADVISORY COMMITTEES
ALLISON H. EID
APPELLATE RULES

CAROLYN A. DUBAY
SECRETARY

REBECCA B. CONNELLY
BANKRUPTCY RULES
SARAH S. VANCE
CIVIL RULES
MICHAEL W. MOSMAN
CRIMINAL RULES
JESSE M. FURMAN
EVIDENCE RULES

MEMORANDUM
TO:

The Bench, Bar, and Public

FROM:

Honorable James C. Dever III, Chair
Committee on Rules of Practice and Procedure

DATE:

August 14, 2026

RE:
Request for Comments on Proposed Amendments to Federal Rules and Forms
____________________________________________________________________________
The Advisory Committees of the Judicial Conference Committee on Rules of Practice and
Procedure have published proposed amendments to the federal rules of practice and procedure and
are seeking public feedback. The proposed amendments to Appellate Rule 25, Bankruptcy Rules
5005, 8011, 9006, 9036, Civil Rules 5 and 6, and Criminal Rules 45 and 49 relate to the ability of
self-represented litigants to use a federal court’s electronic filing system to file and serve
documents. The proposed amendments to Bankruptcy Rule 9037, Civil Rule 5.2, and Criminal
Rule 49.1 relate to enhanced protection of taxpayer identification numbers and minors’ names in
public court filings. Other proposed amendments include: Bankruptcy Rule 2003 (relating to
meetings of creditors); Civil Rule 55 (relating to the clerk’s entry of default); Criminal Rules 11
and 32 (relating to pleas and sentencing); Evidence Rule 104 (relating to deciding preliminary
issues of fact); and Evidence Rule 902(1) (relating to self-authentication of public records of
federally recognized Indian tribes). The text of the proposed rule amendments and supporting
materials are posted on the Judiciary’s website at: https://www.uscourts.gov/formsrules/proposed-amendments-published-public-comment .

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Memorandum to the Bench, Bar, and Public
Page 2

Opportunity to Submit Written Comments
Individuals who wish to submit written comments regarding one or more of the proposed
amendments must file their comments no later than February 15, 2027 through the Federal
eRulemaking Portal, https://www.regulations.gov/. Written comments must clearly identify the
proposed amendment or amendments that are the subject of the comments. Please note that all
written comments on proposed rule amendments are part of the official record and will be made
publicly available.
Opportunity to Testify at Public Hearings
Individuals who wish to present oral testimony regarding one or more of the proposed rule
amendments must submit a request to testify to the Administrative Office of the United States
Courts, Rules Committee Staff, by email to RulesCommittee_Secretary@ao.uscourts.gov.
Requests to testify must be received no later than Tuesday, December 8, 2026, regardless of
the hearing date.
If requests to testify are received, the Advisory Committees will conduct virtual public
hearings on the proposed rule amendments on the following dates:






Appellate Rules: January 25, 2027; additional day on February 1, 2027, if needed.
Bankruptcy Rules: January 8, 2027; additional day on February 9, 2027, if needed.
Civil Rules: January 13, 2027; additional day on January 26, 2027, if needed.
Criminal Rules: January 20, 2027; additional day on January 27, 2027, if needed.
Evidence Rules: January 11, 2027; additional day on January 28, 2027, if needed.

Witnesses who request to testify by the deadline will receive a confirmation email with
instructions on participating in the public hearing. Witnesses are strongly encouraged to submit a
written summary of their proposed testimony by the deadline provided in the confirmation email
(generally two weeks prior to the earliest of the two scheduled hearing dates for the relevant
Advisory Committee). Providing such a summary alerts the Advisory Committee to the points that
will be made and permits committee members to consider whether they have questions before the
hearing. It also ensures that all the points the witness wants to make are in the record.
If no requests to testify as to a proposed amendment are received by the deadline, the
scheduled hearing is subject to cancellation. In such case, the Advisory Committees will conduct
their deliberations based upon the written comments.
Procedure After the Close of the Comment Period
After any public hearings are conducted and the public comment period closes on February
15, 2027, the written comments and oral testimony will be carefully considered by the relevant
Advisory Committee. During this review, the Advisory Committee may make revisions to the
published version of the proposed amendment to address the written comments, oral testimony, or
other concerns raised by committee members during this review. At the conclusion of this review,

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Memorandum to the Bench, Bar, and Public
Page 3

the Advisory Committee will either withdraw the proposed rule amendment or approve it, either
as published or with revisions to the rule text or committee note.
Under the Rules Enabling Act, 28 U.S.C. §§ 2072-2077, upon approval of the proposed
rule amendments by the relevant Advisory Committees, the next step is consideration by the
Judicial Conference Committee on Rules of Practice and Procedure (the Standing Committee).
The Standing Committee may approve the proposed amendment, reject it, or approve it with
revisions to the rule text or committee note. If approved by the Standing Committee, the rule
amendments are then approved by the Judicial Conference, transmitted to the United States
Supreme Court for consideration and adoption, and if adopted by the Court, transmitted to
Congress by May 1, 2028. Absent congressional action, the final rule amendments will take effect
on December 1, 2028.
If you have questions about the rulemaking process or pending rule amendments, please
contact the Rules Committee Staff at 202-502-1820 or visit https://www.uscourts.gov/forms-rules.

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TABLE OF CONTENTS
OVERVIEW: Proposals Relating to Electronic Filing
and Service by Self-Represented Litigants..........................8
Report on Self-Represented Litigants’ Filing & Service (May 2026) ..........9
OVERVIEW: Proposals Relating to Privacy Rules in Public
Court Filings ........................................................................32
Report on the Privacy Rule Amendments (May 2026) ..............................33
FEDERAL RULES OF APPELLATE PROCEDURE .............................35
Excerpt from Report of the Advisory Committee
on Appellate Rules (May 2026) .................................................................36
Rule 25.

Filing and Service .................................................................38

FEDERAL RULES OF BANKRUPTCY PROCEDURE .........................57
Excerpt from Report of the Advisory Committee
on Bankruptcy Rules (May 2026) ..............................................................58
Rule 2003. Meeting of Creditors or Equity Security Holders .................61
Rule 5005. Filing Papers and Sending Copies to the
United States Trustee ............................................................64
Rule 8011. Filing and Service; Signature ................................................73
Rule 9006. Computing and Extending Time; Motions ...........................91
Rule 9036. Electronic Notice and Service ...............................................92
Rule 9037. Protecting Privacy for Filings .............................................101

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TABLE OF CONTENTS
FEDERAL RULES OF CIVIL PROCEDURE .......................................108
Excerpt from the Report of the Advisory Committee
on Civil Rules (May 2026) .......................................................................109
Excerpt from the Report of the Advisory Committee
on Civil Rules (December 2025) ..............................................................111
Rule 5.

Serving and Filing Pleadings and Other Papers ..................114

Rule 5.2.

Privacy Protection for Filings Made with the Court ...........130

Rule 6.

Computing and Extending Time; Time for Motion
Papers ..................................................................................137

Rule 55.

Default; Default Judgment ..................................................138

FEDERAL RULES OF CRIMINAL PROCEDURE ..............................142
Excerpt from the Report of the Advisory Committee
on Criminal Rules (May 2026).................................................................143
Rule 11.

Pleas ....................................................................................154

Rule 32.

Sentencing and Judgment ...................................................156

Rule 45.

Computing and Extending Time .........................................157

Rule 49.

Serving and Filing Papers ...................................................158

Rule 49.1.

Privacy Protection For Filings Made with the Court ..........175

FEDERAL RULES OF EVIDENCE ........................................................182
Excerpt from the Report of the Advisory Committee
on Evidence Rules (May 2026) ................................................................183
Rule 902.

Evidence That Is Self-Authenticating .................................187

Rule 104.

Preliminary Questions.........................................................189

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TABLE OF CONTENTS
APPENDIX .................................................................................................193
Procedures for Committees on Rules of Practice
and Procedure ..........................................................................................194
List of Committee Members ...................................................................199

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OVERVIEW:

Proposals Relating to Electronic Filing and Service by
Self-Represented Litigants

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

MEMORANDUM

DATE:

May 11, 2026

TO:

Standing Committee on Rules of Practice and Procedure

FROM:

Catherine T. Struve

RE:

Project on self-represented litigants’ filing and service

I write to provide an overview of the package of proposed amendments relating to service
and electronic filing by self-represented litigants. This package includes proposed amendments
to Appellate Rule 25, Bankruptcy Rules 5005, 8011, 9006, and 9036, Civil Rules 5 and 6, and
Criminal Rules 45 and 49. I enclose a chart showing how components of the package compare
across the rule sets. I also enclose the proposed amendments.
As the Committee knows, this project focuses on two broad topics: (1) increases to
electronic access to court by self-represented litigants (whether via the court’s electronic-filing
system or alternative means) and (2) service (of papers subsequent to the complaint) by selfrepresented litigants on those who will receive an electronic notice of filing (“notice of case
activity”) through the court’s electronic-filing system or through a court-based electronicnoticing program.
As to service, the proposed amendments would eliminate the requirement of separate
(paper) service (of documents after the complaint) on a litigant who receives a notice of case
activity through the court’s electronic-filing system or a court-based electronic-noticing program.
As to filing, the proposed amendments would: (1) presumptively permit self-represented litigants
to file electronically (unless a court order or local rule bars them from doing so) and (2) provide
that a local rule or general court order that bars self-represented litigants from using the court’s
electronic-filing system must include reasonable exceptions or must permit the use of another
electronic method for filing documents and receiving electronic notice of activity in the case.
A court could comply with the amended filing rule by doing either of the following: (1)
allowing reasonable access for self-represented litigants to the court’s electronic-filing system; or
(2) not allowing self-represented litigants to access the court’s electronic-filing system, but
providing them with an alternative electronic means for filing (such as by email or upload) and
an alternative electronic means for receiving notice of court filings and orders (such as an
electronic noticing program). Under the amended filing rule, a court would need to adopt a local

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

rule or court order disallowing access to the court’s electronic-filing system for self-represented
litigants if it wanted to foreclose such access; the default would be access. The rule would permit
a court to enter an order barring a particular litigant from using the court’s electronic-filing
system.
Part I of this memo recounts a brief history of the project, including efforts to coordinate
the work across the four sets of rules in order to produce a consistent set of provisions. Part II
highlights key features of the proposed amendments. Part III discusses the remaining variances
across the four sets of proposed amendments, including (in Part III.C) one aspect of the proposed
Note language that the Standing Committee may wish to consider standardizing across the rule
sets.
I. Brief history of the project
The proposals discussed here grow out of a multi-year, cross-committee study of
electronic court access for self-represented litigants and of the service consequences that flow
from increasingly electronic court processes. That study began after Judge Bates, then Chair of
the Standing Committee, convened a working group composed of reporters, Rules Office
attorneys, and Federal Judicial Center researchers to consider pending suggestions relating to
electronic filing by self-represented litigants. (The working group would later expand to include
the relevant advisory committees’ clerk representatives, who worked closely with us to provide
real-world expertise and drafting help.) The group first met in December 2021. It was asked not
only to consider possible rule amendments, but also to gather information about actual court
practices, especially in light of developments after the 2018 electronic-filing amendments and
the experience of courts during the COVID-19 pandemic. The 2018 amendments had adopted a
general rule requiring represented parties to file electronically, while treating unrepresented
litigants differently. Under the current national rules, self-represented litigants generally must
file non-electronically unless authorized to file electronically by court order or local rule. The
central policy question for the working group was whether developments since 2018 justified
moving away from that default approach.
The suggestions that prompted renewed consideration shared a common concern: that the
existing rules often left self-represented litigants with less timely, less convenient, and less equal
access to the courts than represented litigants. A number of 2020 submissions urged that selfrepresented litigants be allowed to file electronically for reasons of fairness, safety, disability
accommodation, and equal access. Several of those suggestions were spurred by pandemic
conditions and stressed the burdens and health risks of requiring paper filing through the mail or
in person, as well as the disadvantages self-represented litigants face when they must wait for
paper orders while represented litigants receive immediate electronic notice. 1 John Hawkinson
pointed to districts that categorically barred non-attorney pro se litigants from even seeking
1 See, e.g., Suggestion 20-CV-J (Dr. Usha Jain), available at https://www.uscourts.gov/formsrules/records-rules-committees/suggestions/usha-jain-20-cv-j.
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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

electronic-filing privileges and suggested that the rules should discourage such blanket bans,
perhaps by indicating that leave should be freely given. 2 Sai advocated reversing the
presumption against access and replacing it with nationwide presumptive permission for pro se
use of CM/ECF, including for case-initiating filings; treating pro se status as presumptive good
cause for nonelectronic filing; forbidding restrictions based solely on pro se or non-attorney
status; permitting individualized prohibitions for good cause, such as vexatious conduct; and
providing parity with attorney filers as to training and registration, without fees. 3
From the beginning, committee discussions suggested that the problem was not unitary.
The appellate courts appeared to be more receptive to self-represented electronic filing than
district courts, and bankruptcy courts presented distinct concerns because of case-initiation
effects, signature issues, and the availability of electronic self-representation systems.
Meanwhile, another issue surfaced: when a self-represented litigant filed on paper or by another
non-CM/ECF method and the clerk’s office then uploaded the filing to CM/ECF, should the
rules still require that litigant to make separate traditional service on parties who would receive a
notice of electronic filing anyway?
The FJC’s 2022 study of federal courts’ electronic filing practices for pro se litigants
provided the project’s first broad empirical baseline.4 That study showed substantial variation
across court types and districts. The courts of appeals were the most receptive to CM/ECF access
for non-incarcerated self-represented litigants; district courts were much more mixed; and
bankruptcy courts rarely gave self-represented debtors CM/ECF access, though a number used
electronic self-representation systems. The study also confirmed that “electronic filing” could
mean different things: full CM/ECF access, filing by email, and electronic upload portals. 5
2 See Suggestion 20-CV-EE (John A. Hawkinson), available at https://www.uscourts.gov/formsrules/records-rules-committees/suggestions/john-hawkinson-20-cv-ee.
3 See Suggestion 21-CV-J (Sai), available at https://www.uscourts.gov/forms-rules/recordsrules-committees/suggestions/sai-21-cv-j.
4 See Tim Reagan, Carly Giffin, and Roy Germano, Federal Courts’ Electronic Filing by Pro Se
Litigants (FJC 2022), available at https://www.fjc.gov/content/368499/federal-courts-electronicfiling-pro-se-litigants.
An additional FJC study on filing times underscored one practical consequence of
electronic access: because clerk’s offices are open only during limited daytime hours, while
electronic filing ordinarily remains available until midnight, represented litigants are often able
to file after counter hours; indeed, the study found that nearly one third of district-court
responses were filed after 5:00 p.m. See Tim Reagan et al., Electronic Filing Times in Federal
Courts 4 (FJC 2022), available at https://www.fjc.gov/content/365889/electronic-filing-timesfederal-courts.
5 An FJC study of local rules, published in 2025, confirmed that local practice in the district
courts remains varied: “more than two thirds of the federal district courts permit self-represented
litigants to use the court’s electronic filing system at least on a case-by-case basis,” while 29

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

The advisory committees’ discussions in fall 2022 and early 2023 brought the project into
sharper focus. Across the committees, members raised a number of concerns: the difficulty of
case initiation in CM/ECF, the possibility of inappropriate filings, burdens on clerks’ offices,
training needs, cybersecurity, privacy and sealing issues, and the special problems posed by
prisoner and bankruptcy litigation. At the same time, many participants emphasized the benefits
of broader electronic access: fewer paper filings, reduced mailing burdens, more timely receipt
of court orders and notices, and fewer disputes about what had been filed and when. The
Bankruptcy Rules Committee showed substantial sympathy for the project’s access-to-courts
rationale but also voiced concerns about screening, signatures, and bankruptcy matters that
featured multiple unrepresented litigants. In the Civil Rules Committee discussions, some
skepticism was voiced about whether some aspects of the matter were better handled through
technology and administration rather than rules. The Appellate Rules Committee appeared
relatively open to broader access, reflecting existing appellate practice. And the Criminal Rules
Committee, while seeing less urgency in expanding filing access because of the small number of
nonincarcerated self-represented criminal litigants, showed real interest in the service issue
because it could affect incarcerated litigants and § 2255 movants who otherwise would spend
time and limited funds sending paper copies to recipients already receiving electronic notice.
To test the service issue and the practical consequences of broader access, Dr. Tim
Reagan and I conducted follow-up interviews in spring 2023 with court personnel from districts
that had eliminated redundant service requirements (some of which had also broadened
electronic access).6 Interviewees from districts that exempted self-represented paper filers from
separately serving CM/ECF participants reported that the practice worked well and imposed no
additional burden on clerks’ offices. The interviews also suggested that courts providing
CM/ECF access or other electronic pathways to self-represented litigants generally viewed those
programs positively, citing reduced paper handling, easier service of court orders, and creation of
a reliable electronic record. Although questions remained about sealed filings, staffing, training,
and the rare case involving multiple self-represented litigants, the interviews materially
strengthened the case for a service amendment and narrowed the factual uncertainties
surrounding increased access.
By 2023 and 2024, work focused on the two subjects now reflected in the current
districts “generally prohibit” such use; the study also found continued use in a number of courts
of alternatives such as email filing, online portals, and electronic-noticing programs. See Tim
Reagan, United States District Courts’ Local Rules and Procedures on Electronic Filing by SelfRepresented Litigants 1 (FJC 2025), available at https://www.fjc.gov/content/391989/unitedstates-district-courts-local-rules-and-procedures-electronic-filing-self.
6 See September 18, 2023 memorandum concerning spring 2023 district-court interviews,
included starting at page 264 of the Civil Rules Committee’s fall 2023 agenda book, available at
https://www.uscourts.gov/sites/default/files/202310_civil_rules_committee_meeting_agenda_book_11-6_final_0.pdf.
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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

proposals. The first concerns filing: whether the rules should presumptively permit selfrepresented litigants to file electronically, subject to court order or local rule, and whether courts
that generally bar use of the court’s electronic-filing system should be required either to make
reasonable exceptions or to provide another electronic means for filing and receiving notice. The
second concerns service: whether the rules should eliminate the requirement that a selfrepresented litigant separately serve papers filed after the complaint on persons who will receive
a notice of filing through the court’s electronic-filing system or a court-based electronic-noticing
program. In fall 2024, the committees reviewed a tentative sketch of a possible amendment to
Civil Rule 5 that embodied those two policy choices.
The Bankruptcy Rules Committee’s position changed significantly over the course of the
project. Although bankruptcy participants were initially sympathetic to the project’s access-tocourts rationale, by late 2024 and early 2025 the Committee appeared likely to decline
participation because of concerns about case initiation, signatures and verification, burdens on
clerk’s offices, inappropriate filings, and the possibility of multiple self-represented participants
who might not know whom they still had to serve by paper. In April 2025, however, rather than
definitively opting out, the Committee referred the matter to its Technology, Privacy, and Public
Access Subcommittee for further study. In summer 2025, that Subcommittee concluded that the
Committee should join the project at least through publication, both to preserve consistency with
the other rules sets and to obtain the benefit of public comment. The Committee voted in
September 2025 to participate on that basis. At the same time, some Bankruptcy Rules
Committee members continued to express reservations and indicated that they viewed
publication as a way to gather further information; depending on the comments received, they
might oppose final adoption after publication.
By early spring 2026 the working-group participants had fashioned the coordinated set of
proposed amendments. Prior to the Advisory Committee meetings, the Style Consultants to the
Standing Committee provided a thorough and helpful review of the package of proposed
amendments.
II. Key features of the proposals
The proposed amendments address two related topics: electronic filing by selfrepresented litigants and service of papers after the complaint on persons who receive electronic
notice through the court’s filing system or a court-based electronic-noticing program. Across the
affected rules, the proposals would move the national rules away from a presumption against
electronic access for self-represented litigants and toward a presumption in favor of such access,
while preserving courts’ authority to impose reasonable limits. At the same time, the proposals
would eliminate redundant paper service when the court’s system will generate a notice of case
activity to the recipient.
As to filing, the central change is that self-represented litigants would be presumptively
allowed to use the court’s electronic-filing system to file papers and receive notice of activity in

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

the case, unless a court order or local rule provides otherwise. Under the current rules, the default
runs in the opposite direction: a self-represented litigant may file electronically only if a court
order or local rule allows it. The proposed amendments would reverse that presumption in
Appellate Rule 25, Bankruptcy Rules 5005 and 8011, Civil Rule 5, and Criminal Rule 49. In the
Appellate, Bankruptcy, and Civil Rules, the proposals would retain the existing authority to
require electronic filing by an unrepresented litigant by case-specific order or by local rule with
reasonable exceptions. The Criminal Rules proposal differs slightly in wording because Criminal
Rule 49 currently does not authorize requiring all self-represented parties to file electronically,
but the proposal likewise would allow self-represented parties to use the system unless restricted
by order or local rule.
The proposals do not create an unlimited right of electronic access. Each set of
amendments would expressly authorize courts to impose reasonable conditions and restrictions
on access. The Committee Notes give examples such as limiting access to nonincarcerated
litigants, requiring training or certifications, restricting certain categories of filings, or denying or
revoking access for a particular litigant. But the proposals would also place a new national limit
on blanket local bans: a court could not bar all self-represented litigants from using the court’s
electronic-filing system unless the prohibition either includes reasonable exceptions or is paired
with another electronic method for filing papers (such as email filing or an upload portal) and
receiving notice (such as a court-based noticing program). In that respect, the proposals seek not
only to expand access to CM/ECF itself, but also to ensure that courts maintaining more
restrictive CM/ECF regimes still provide some meaningful electronic path for filing and notice.
.
As to service, the proposals would eliminate the need for separate paper service of postcomplaint filings on persons who will receive a notice of case activity through the court’s
electronic-filing system. This change applies in Appellate Rule 25, Bankruptcy Rules 8011 and
9036, Civil Rule 5, and Criminal Rule 49. The basic idea is straightforward: when a selfrepresented litigant files a paper document or uses another non-CM/ECF method, court staff
ordinarily upload that filing into the electronic docket. Once that occurs, the court’s system
generates an electronic notice to registered recipients. The proposals would treat that notice of
case activity as service, so the filer need not also serve those same recipients separately on paper.
This extends to self-represented non-electronic filers the same practical benefit already enjoyed
when a registered user serves another registered user through the electronic-filing system.
The service provisions are also reorganized to reflect the modern primacy of service
through the court’s electronic system. In each rules set, service by a notice of case activity is
addressed first, and the proposals add a common definition of “notice of case activity” broad
enough to include “notice of electronic filing,” “notice of docket activity,” and similar future
terminology. The proposals preserve other service methods as alternatives, including (variously)
other consented-to electronic means, personal delivery, mail, and commercial carrier. This is
important because a filer may still wish to serve by another permissible means before the clerk’s
office uploads a non-electronic filing and the system generates the notice.

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

The proposals also address when service by notice of case activity is complete. For
purposes of deadlines to make service, service by the notice of case activity would be treated as
complete on the date of filing. But for deadlines that run from the date of service, service by the
notice of case activity would be treated as complete on the date of the notice of case activity.
That distinction is meant to protect the recipient in the event there is a lag between the time the
filing is received by the court and the time it is uploaded into the electronic system. The
proposals likewise carry forward the current principle that electronic service is not effective if
the filer learns that it did not reach the intended recipient. They also allow courts, by order or
local rule, to require other means of service for sealed filings; the appellate proposal additionally
allows a local requirement of other-means service for certain case-initiating proceedings in the
court of appeals.
Finally, the package includes a few conforming amendments. Civil Rule 5 and Criminal
Rule 49 are revised so that no certificate of service is required when service occurs through the
court’s electronic-filing system under the amended provisions. Civil Rule 6, Criminal Rule 45,
and Bankruptcy Rule 9006 are amended to conform cross-references governing the extra three
days added after certain kinds of service.
III. Remaining variances
The enclosed comparison chart shows the text of the proposed Rules across the different
Rule sets. As is customary for joint committee projects, the participants strove to maintain
parallel treatment across the four rule sets. As is also not unusual, there do remain some aspects
of the proposals as to which the committees’ approaches diverge. The remainder of this memo
focuses on explaining those divergences.
A. Self-represented litigant (“SRL”) provisions generally: “unrepresented” versus
“self-represented”
The Bankruptcy, Civil, and Appellate Rules proposals use the term “unrepresented” to
describe self-represented litigants, whereas the Criminal Rule uses “self-represented.” Though
the latter term is preferred by many project participants, implementing that preference is not
practicable in the Bankruptcy, Civil, and Appellate Rules because too many existing rules in
those sets would have to be amended correspondingly.
This difference seems warranted by differences between the rules sets (that is, that the
current Criminal Rules use the term “unrepresented” only in Rule 49). Notably, the proposed
amendments to Criminal Rule 17 presented for final approval in this agenda book use the term
“self-represented.”
This variance seems justified.

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

B.

SRL e-filing: Self-represented “parties” or self-represented “individuals”

Three of the four rule sets would extend the new e-filing default approach only to selfrepresented “parties,” but the Bankruptcy Rules proposal would extend it to self-represented
“individuals.” The reason for the difference has to do with concerns that may balance out
differently in the bankruptcy context.
The current rules vary in the term that they use to denote an unrepresented filer. Criminal
Rule 49 says “party,” Appellate Rule 25 and Civil Rule 5 say “person,” and the Bankruptcy
Rules say “individual.” (Terminology in the Bankruptcy Rules is affected by the definitions in
the Bankruptcy Code.)
The self-represented litigant e-filing provisions proposed for the Civil, Criminal, and
Appellate Rules refer to access for unrepresented “parties.” This is a shift from the current Civil
and Appellate Rules (which refer to an unrepresented “person”), though it carries forward current
Criminal Rule 49’s reference to a self-represented “party.” The reason for the shift is that the
amended provision flips the default presumption from one of non-access to one of access to the
court’s electronic-filing system. Once the presumption is inverted to say that self-represented
litigants may e-file unless barred by order or local rule, it seems advisable to change “person” to
“party” so that lay people who are not parties to the case do not cite the rule as granting them
access.7 In the Criminal Rules context, there is an additional reason to use “party” – that is,
because that is the term used in current Criminal Rule 49. Criminal Rule 49(b)(3)(B) deals only
with electronic filing by a “party not represented by an attorney.” Meanwhile, Criminal Rule
49(c) provides: “A nonparty may serve and file a paper only if doing so is required or permitted
by law. A nonparty must serve every party as required by Rule 49(a), but may use the court's
electronic-filing system only if allowed by court order or local rule.”
The self-represented litigant e-filing provisions proposed for Bankruptcy Rules 5005 and
8011 refer to access for unrepresented “individuals.” Current Rules 5005 and 8011 also use the
term “individual.” The Bankruptcy Rules Committee considered and rejected the term
“unrepresented party,” because it is concerned that that term would erroneously suggest to
readers that a nonhuman litigant could represent itself. To avoid that possibility, the Bankruptcy
Rules Committee determined that the Bankruptcy Rules should continue to use “individual,”
which is the term those rules use to refer to a human being.
As Professor Gibson succinctly put it, the choice between “party” and “individual”
depends on a judgment call about “which is more likely (or more harmful): [1] having someone
read ‘unrepresented party’ to mean any party (whether a real person or not) can appear without
an attorney, or [2] having someone read ‘unrepresented individual’ to mean you don’t need to be
connected to a case to file a paper in it.” The Bankruptcy Rules Committee’s decision to use
7 We have heard from participants that, from the clerk’s perspective, it’s important that the rule
draw that boundary.
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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

“individual” may be justified by features specific to bankruptcy practice – that is, the number of
artificial entities (e.g., small creditors) that may participate in a bankruptcy proceeding and might
wish to appear without a lawyer. Meanwhile, the other three sets of rules already use words (to
denote unrepresented litigants) that encompass artificial entities – they say either “person” (Civil
and Appellate) or “party” (Criminal) – and we haven’t heard of those terms giving rise to any
erroneous assumptions that artificial entities can appear without a lawyer; so the Bankruptcy
Rules Committee’s concern may not be as salient for the other three sets of rules.
Accordingly, this variance seems justifiable.
C. SRL e-filing: Note language on requiring court permission to use e-filing system
As presented in the Advisory Committee agenda books, the Committee Notes to the
proposed electronic-filing provisions included a bracketed sentence concerning the permissibility
of a local provision requiring unrepresented parties to obtain court permission to use the court’s
e-filing system. This language was included in the draft based on a suggestion from a member of
the Criminal Rules Committee.
The bracketed statement – as shown in the Civil, Bankruptcy, and Criminal agenda
books – read: “[For example, local provisions that require unrepresented parties who seek to
use the court’s electronic-filing system to obtain permission from the judge to whom the case is
assigned would count as including reasonable exceptions, so long as such permission is not
unreasonably withheld in practice.]”
8

Although the Civil and Bankruptcy Rules Committees voted to approve the draft for
publication with this sentence included in the relevant Committee Notes, the sentence drew
attention and a good deal of skeptical comment, particularly in the Civil Rules Committee
discussion. On one hand, including this language would recognize existing practices in more
than half of the federal courts of appeals and district courts 9 and would give clerks’ offices
something to point to when applying a requirement that a self-represented litigant seek court
permission in order to use the court’s electronic-filing system. On the other hand, because it
would be challenging for an unrepresented party to demonstrate that a court unreasonably
withholds permission in practice, participants expressed concern that this Note language might
seem to bless local provisions that effectively deny e-filing to unrepresented parties in general.
8 The relevant sentence in the Note to Appellate Rule 25 as set out in the Appellate Rules
Committee’s agenda book was similar but not identical.
9 See Tim Reagan, United States District Courts’ Local Rules and Procedures on Electronic
Filing by Self-Represented Litigants (FJC 2025) at 1 (reporting that 54 federal districts “permit
self-represented litigants to request permission to use the electronic filing system”); Tim Reagan,
Carly Giffin, and Roy Germano, Federal Courts’ Electronic Filing by Pro Se Litigants (FJC
2025) at 6-7 (reporting that seven courts of appeals “allow [pro se litigants to register as
CM/ECF users] with individual permission”).
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During the Appellate Rules Committee meeting, a member proposed revised language –
which the Appellate Rules Committee adopted – that accounts for the concerns of both
participants who favored the original bracketed language and participants who were concerned
by that original language. The revised language adopted by the Appellate Rules Committee
reads: “A local provision requiring unrepresented parties to obtain the court’s permission in
order to use the court’s electronic-filing system would count as including reasonable exceptions,
so long as such permission is granted or withheld in accordance with the reasonable conditions
and restrictions on access set by the court.” (The concluding phrase refers back to the ‘reasonable
conditions and restrictions’ that are discussed earlier in the Committee Note.) The hope is that
with this change, the Note language validates the practices of courts that wish to build in a
requirement of court permission, while avoiding the risk that the Note would seem to bless the
practice of a court where standardless discretion to withhold permission results in effective
denial of access in practice.
Because the Appellate Rules Committee met after the Civil and Bankruptcy Rules
Committees, those two committees did not have the opportunity to consider the Appellate Rules
Committee’s revised language. The Criminal Rules Committee met last. Though some support
was voiced for the Note language as set forth in the Criminal Rules Committee’s agenda book,
the Committee ultimately voted to adopt language paralleling the Appellate Committee Note. As
adopted by the Criminal Rules Committee, the relevant sentence in the Criminal Rule 49
Committee Note reads: “For example, local provisions that require self-represented parties who
seek to use the court’s electronic-filing system to obtain the court’s permission would count as
including reasonable exceptions, so long as such permission is granted or withheld in accordance
with the reasonable conditions and restrictions on access set by the court.”
I recommend that the Standing Committee consider adopting similar language for the
Committee Notes to Civil Rule 5(d)(2)(B), Bankruptcy Rule 5005(a)(3)(B), and Bankruptcy
Rule 8011(a)(2)(C). That proposed language is shown as a bracketed alternative in those
Committee Notes, following the bracketed sentence that originally appeared in the Civil and
Bankruptcy Rules Committees’ agenda books. *
D. SRL e-filing: “in the case” versus “in the party’s case”
Proposed Bankruptcy Rules 5005(a)(3)(B)(i) and 8011(a)(2)(C)(i) refer to “receiv[ing]
notice of activity in the case,” while proposed Appellate Rule 25(a)(2)(C)(i), Civil Rule
5(d)(2)(B)(i), and Criminal Rule 49(b)(2)(B)(i) refer to “receiv[ing] notice of activity in the
party’s case.” The latter three rules specify “in the party’s case” because we have heard from
clerk participants how important it is to make clear that the default principle of access to e-filing
should extend only to the case in which the SRL is a party, and not to other cases. But the
Bankruptcy Rules will say, simply, “in the case” – because in the bankruptcy context, there is a
*

Revised August 14, 2026: The Standing Committee approved the proposed bracketed alternative
language in the committee notes at its June 2026 meeting.
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concern that saying “in the individual’s case” would suggest that the denoted individual must
always be the debtor, and that’s not true, because the rule is designed to extend to selfrepresented human creditors as well.
This variance seems justified.
E. SRL e-filing: requirements to file electronically
This variance is carried forward from the existing rules. Unlike the other SRL e-filing
default rules, proposed Criminal Rule 49(b)(2)(B)(i) (like existing Criminal Rule 49(b)(3)(B))
contains no provision about the circumstances under which a SRL can be required to e-file,
because the Criminal Rules Committee has made a judgment call that the Criminal Rule
shouldn’t authorize a court to require a SRL to e-file. As the 2018 Committee Note to Criminal
Rule 49 explains,
[Rule 49](b)(3)(B) requires unrepresented parties to file nonelectronically,
unless allowed to file electronically by court order or local rule. This language
differs from that of the amended Civil Rule, which provides that an unrepresented
party may be “required” to file electronically by a court order or local rule that
allows reasonable exceptions. A different approach to electronic filing by
unrepresented parties is needed in criminal cases, where electronic filing by pro se
prisoners presents significant challenges. Pro se parties filing papers under the
criminal rules generally lack the means to e-file or receive electronic
confirmations, yet must be provided access to the courts under the Constitution.
This variance has already been determined to be justified.
F. E-filing and signatures
Currently, all five relevant rules contain (with immaterial variations) the following
provision, added in 2018: “A filing made through a person’s electronic-filing account and
authorized by that person, together with that person’s name on a signature block, constitutes the
person's signature.” See, e.g., Civil Rule 5(d)(3)(C).
The Bankruptcy Rules Committee has decided to amend their signature provisions to use
“individual” instead of “person.” Their reason is that “person” (as defined in Section 101 of the
Bankruptcy Code) includes some artificial entities, and that it does not make sense to refer to an
artificial entity as having its own electronic-filing account and engaging in the act of signing. As
noted above, to denote human entities, the Bankruptcy Rules use the term “individual.”
The Bankruptcy Code’s definitions are not relevant to the non-bankruptcy rule sets, and
“person” has been used in all the signature rules for nearly eight years without causing any
perceptible problem, so no change to the non-bankruptcy rules’ signature provisions is proposed

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Excerpt from the May 11, 2026 Report on Self-Represented Litigants’ Filing and Service

for the other three sets of rules.
Approving the Bankruptcy Rules Committee’s proposal to amend their signature
provisions to use “individual” does not seem to me to provide a reason to require the other three
Advisory Committees to similarly amend their signature provisions.
G. “Documents” versus “papers”
The choice between referring to “documents” or to “papers” is not substantive. But it is a
considered choice.
Bankruptcy Rule 5005, Civil Rule 5, Criminal Rule 49, and (in the main) Appellate Rule
25 use the word “paper,” while Bankruptcy Rules 8011 and 9036 use the word “document.” On
the theory that internal consistency within a rule may be more valuable than consistency across
rules, the proposals use “paper” in the amendments to Bankruptcy Rule 5005, Civil Rule 5,
Criminal Rule 49, and Appellate Rule 25, but use “document” in the amendments to Bankruptcy
Rules 8011 and 9036.
*****

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SRL provision comparison chart, April 30, 2026
This comparison chart shows – as clean rule text – the various SRL e-ﬁling and service provisions, along with other related provisions in the
a ected rules.

Bankruptcy (not
appellate)
E-ﬁling general rule:
Bankruptcy Rule
5005(a)(3)(A): (3)
Electronic Filing and
Signing.
(A) By a Represented
Entity--Generally
Required; Exceptions.
An entity represented by
an attorney must ﬁle
electronically, unless
nonelectronic ﬁling is
allowed by the court for
cause or is allowed or
required by local rule.

Bankruptcy (appellate)

Appellate

Civil

Criminal

E-ﬁling general rule:
Bankruptcy Rule
8011(a)(2)(B): (B)
Electronic Filing By a
Represented Entity—
Generally Required;
Exceptions. An entity
represented by an
attorney must ﬁle
electronically, unless
nonelectronic ﬁling is
allowed by the court for
cause or is allowed or
required by local rule.

E-ﬁling general rule:
FRAP 25(a)(2)(B): (B)
Electronic Filing by a
Person Represented by
Counsel--Generally
Required; Exceptions. A
person represented by an
attorney must ﬁle
electronically, unless
nonelectronic ﬁling is
allowed by the court for
good cause or is allowed
or required by local rule.

E-ﬁling general rule:
Civil Rule 5(d)(2)(A): (2)
Electronic Filing and
Signing.
(A) By a Person
Represented by
Counsel—Generally
Required; Exceptions. A
person represented by an
attorney must ﬁle
electronically, unless
nonelectronic ﬁling is
allowed by the court for
good cause or is allowed
or required by local rule.

E-ﬁling general rule:
Criminal Rule 49(b)(2)(A):
(2) Electronic Filing and
Signing. (A) By a Party
Represented by Counsel
– Generally Required;
Exceptions. A party
represented by an
attorney must ﬁle
electronically, unless
nonelectronic ﬁling is
allowed by the court for
good cause or is allowed
or required by local rule.

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E-ﬁling SRL default rule:
Bankruptcy Rule
5005(a)(3)(B)(i): (B) By an
Unrepresented
Individual—When
Allowed or Required.
(i) In General. An
unrepresented individual
may use the court’s
electronic-ﬁling system
to ﬁle papers and receive
notice of activity in the
case, unless a court order
or local rule prohibits the
individual from doing so.
An unrepresented
individual may be
required to ﬁle
electronically only by
order in a case or by a
local rule that includes
reasonable exceptions.

E-ﬁling SRL default rule:
Bankruptcy Rule
8011(a)(2)(C)(i): (C)
Electronic Filing By an
Unrepresented
Individual—When
Allowed or Required.
(i) In General. An
unrepresented individual
may use the court’s
electronic-ﬁling system
to ﬁle documents and
receive notice of activity
in the case, unless a
court order or local rule
prohibits the individual
from doing so. An
unrepresented individual
may be required to ﬁle
electronically only by
order in a case or by a
local rule that includes
reasonable exceptions.

E-ﬁling SRL default rule:
FRAP 25(a)(2)(C)(i): (C)
Electronic Filing by an
Unrepresented Party-When Allowed or
Required.
(i) In General. An
unrepresented party may
use the court’s
electronic-ﬁling system
to ﬁle papers and receive
notice of activity in the
party’s case, unless a
court order or local rule
prohibits the party from
doing so. An
unrepresented person
may be required to ﬁle
electronically only by
order in a case or by a
local rule that includes
reasonable exceptions.

E-ﬁling SRL default rule:
Civil Rule 5(d)(2)(B)(i): (B)
By an Unrepresented
Party—When Allowed or
Required.
(i) In General. An
unrepresented party may
use the court’s
electronic-ﬁling system
to ﬁle papers and receive
notice of activity in the
party’s case, unless a
court order or local rule
prohibits the party from
doing so. An
unrepresented person
may be required to ﬁle
electronically only by
order in a case or by a
local rule that includes
reasonable exceptions.

E-ﬁling SRL default rule:
Criminal Rule
49(b)(2)(B)(i): (B) By a
Self-Represented Party
– When Allowed.
(i) In General. A selfrepresented party may
use the court’s
electronic-ﬁling system
to ﬁle papers and receive
notice of activity in the
party’s case, unless a
court order or local rule
prohibits the party from
doing so.

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E-ﬁling SRL conditions:
Bankruptcy Rule
5005(a)(3)(B)(ii): (ii)
Conditions and
Restrictions on Access.
A court may set and
enforce reasonable
conditions and
restrictions on
unrepresented
individuals’ access to the
court’s electronic-ﬁling
system (including by
denying or revoking
access for a particular
unrepresented
individual). But the court
may not prohibit all
unrepresented
individuals from using the
system unless that
prohibition includes
reasonable exceptions or
the court permits the use
of another electronic
method for ﬁling papers
and receiving electronic
notice of activity in the
case.

E-ﬁling SRL conditions:
Bankruptcy Rule
8011(a)(2)(C)(ii): (ii)
Conditions and
Restrictions on Access.
A court may set and
enforce reasonable
conditions and
restrictions on
unrepresented
individuals’ access to the
court’s electronic-ﬁling
system (including by
denying or revoking
access for a particular
unrepresented
individual). But the court
may not prohibit all
unrepresented
individuals from using the
system unless that
prohibition includes
reasonable exceptions or
the court permits the use
of another electronic
method for ﬁling
documents and receiving
electronic notice of
activity in the case.

E-ﬁling SRL conditions:
FRAP 25(a)(2)(C)(ii): (ii)
Conditions and
Restrictions on Access.
A court may set and
enforce reasonable
conditions and
restrictions on
unrepresented parties’
access to the court’s
electronic-ﬁling system
(including by denying or
revoking access for a
particular unrepresented
party). But the court may
not prohibit all
unrepresented parties
from using the system
unless that prohibition
includes reasonable
exceptions or the court
permits the use of
another electronic
method for ﬁling papers
and receiving electronic
notice of activity in the
party’s case.

E-ﬁling SRL conditions:
Civil Rule 5(d)(2)(B)(ii):
(ii) Conditions and
Restrictions on Access.
A court may set and
enforce reasonable
conditions and
restrictions on
unrepresented parties’
access to the court’s
electronic-ﬁling system
(including by denying or
revoking access for a
particular unrepresented
party). But the court may
not prohibit all
unrepresented parties
from using the system
unless that prohibition
includes reasonable
exceptions or the court
permits the use of
another electronic
method for ﬁling papers
and receiving electronic
notice of activity in the
party’s case.

E-ﬁling SRL conditions:
Criminal Rule
49(b)(2)(B)(ii): (ii)
Conditions and
Restrictions on Access.
A court may set and
enforce reasonable
conditions and
restrictions on selfrepresented parties’
access to the court’s
electronic-ﬁling system
(including by denying or
revoking access for a
particular selfrepresented party). But
the court may not
prohibit all selfrepresented parties from
using the system unless
that prohibition includes
reasonable exceptions or
the court permits the use
of another electronic
method for ﬁling papers
and receiving electronic
notice of activity in the
party’s case.

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E-ﬁling & signature:
Bankruptcy Rule
5005(a)(3)(C): (C)
Signing. A ﬁling made
through an individual’s
electronic-ﬁling account
and authorized by that
individual, together with
the individual’s name on
a signature block,
constitutes the
individual’s signature.

E-ﬁling & signature:
Bankruptcy Rule 8011(e):
(e) Signature Always
Required.
(1) Electronic Filing.
Every document ﬁled
electronically must
include the electronic
signature of the individual
ﬁling it or, if an entity is
represented, the
counsel's electronic
signature. A ﬁling made
through an individual’s
electronic-ﬁling account
and authorized by that
individual—together with
that individual’s name on
a signature block—
constitutes the
individual’s signature.
(2) Paper Filing. Every
document ﬁled in paper
form must be signed by
the individual ﬁling it or, if
an entity is represented,
by the entity’s counsel.

E-ﬁling & signature:
FRAP 25(a)(2)(D): (D)
Signing. A ﬁling made
through a person's
electronic-ﬁling account
and authorized by that
person, together with that
person's name on a
signature block,
constitutes the person's
signature.

E-ﬁling & signature:
Civil Rule 5(d)(2)(C): (C)
Signing. A ﬁling made
through a person's
electronic-ﬁling account
and authorized by that
person, together with that
person's name on a
signature block,
constitutes the person's
signature.

E-ﬁling & signature:
Criminal Rule 49(b)(2)(D):
(D) Signature. A ﬁling
made through a person's
electronic-ﬁling account
and authorized by that
person, together with the
person's name on a
signature block,
constitutes the person's
signature.

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Service required:
[NB: No need to revise
Rule 5005(b) (“Sending
Copies to the United
States Trustee”), because
it does not specify that
sending must be “at or
before the time of ﬁling.”
Rule 9036 does not
include a provision
requiring service.]

Service required:
Rule 8011(b): (b) Service
of All Documents
Required. Unless a rule
requires service by the
clerk or the document
will be served through the
court’s electronic-ﬁling
system under (c)(1), a
party must, at or before
the time of the ﬁling of a
document, serve it on the
other parties to the
appeal. Service on a
party represented by
counsel must be made
on the party's counsel.

Service required:
FRAP 25(b): (b) Service
of All Papers Required.
Unless a rule requires
service by the clerk or the
paper will be served
through the court’s
electronic-ﬁling system
under Rule 25(c)(1), a
party must, at or before
the time of ﬁling a paper,
serve a copy on the other
parties to the appeal or
review. Service on a party
represented by counsel
must be made on the
party's counsel.

Service required:
[NB: No need to revise
Civil Rule 5(a) (“Service:
When Required”),
because it does not
specify that service must
be “at or before the time
of ﬁling.”]

Service required:
[NB: No need to revise
Criminal Rule 49(a)(1)
(“Service on a Party.
What is Required”),
because it does not
specify that service must
be “at or before the time
of ﬁling.”]

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Service by NCA:
Rule 9036(c)(1): (c)
Notices from and
Service by an Entity. (1)
Notice of Case Activity
Sent Through the
Court’s Electronic-Filing
System. A notice of case
activity sent to an entity
registered to receive it
through the court’s
electronic-ﬁling system
constitutes notice or
service on that entity,
with these qualiﬁcations:
(A) such notice or service
is not e ective if the ﬁler
learns that it did not
reach the entity to be
notiﬁed or served; and
(B) a court may provide by
order or local rule that if a
document is ﬁled under
seal, neither service nor
notice occurs under this
paragraph (c)(1).

Service by NCA:
Rule 8011(c)(1): (c)
Manner of Service.
(1) Service by a Notice
of Case Activity Sent
Through the Court’s
Electronic-Filing
System. A notice of case
activity sent to an entity
registered to receive it
through the court’s
electronic-ﬁling system
constitutes service on
that entity, with these
qualiﬁcations:
(A) such service is not
e ective if the ﬁler learns
that it did not reach the
entity to be served; and
(B) a court may provide by
order or local rule that if a
document is ﬁled under
seal, it must be served by
other means.

Service by NCA:
FRAP 25(c)(1): (c)
Manner of Service.
(1) Service by a Notice
of Case Activity Sent
Through the Court’s
Electronic-Filing
System. A notice of case
activity sent to a person
registered to receive it
through the court’s
electronic-ﬁling system
constitutes service on
that person, with these
qualiﬁcations:
(A) such service is not
e ective if the ﬁler learns
that it did not reach the
person to be served; and
(B) a court may provide by
order or local rule that if a
paper is ﬁled under seal
or initiates a proceeding
in the court of appeals
under Rule 5, 6(c), 15, or
21, it must be served by
other means.

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Service by NCA:
Civil Rule 5(b)(2): (b)
Service: How Made.…
(2) Service by a Notice of
Case Activity Sent
Through the Court’s
Electronic-Filing System.
A notice of case activity
sent to a person registered
to receive it through the
court’s electronic-ﬁling
system constitutes
service on that person. For
any service deadlines,
service by a notice of case
activity is complete as of
the date of ﬁling. For any
deadlines that run from
the date of service, service
by a notice of case activity
is complete as of the
notice’s date. But these
qualiﬁcations apply:
(A) such service is not
e ective if the ﬁler learns
that it did not reach the
person to be served; and
(B) a court may provide by
order or local rule that if a
paper is ﬁled under seal, it
must be served by other
means.

Service by NCA:
Criminal Rule 49(a)(3):
(3) Service by a Notice
of Case Activity Sent
Through the Court’s
Electronic-Filing
System. A notice of case
activity sent to a person
registered to receive it
through the court’s
electronic-ﬁling system
constitutes service on
that person. For any
service deadlines,
service by a notice of
case activity is complete
as of the date of ﬁling. For
any deadlines that run
from the date of service,
service by a notice of
case activity is complete
as of the notice’s date.
But these qualiﬁcations
apply:
(A) such service is not
e ective if the ﬁler learns
that it did not reach the
person to be served; and
(B) a court may provide
by order or local rule that
if a paper is ﬁled under
seal, it must be served by
other means.
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Service / other
electronic means:
[NB: Rule 9036 focuses
on electronic notice &
service, so its “other
means” provision focuses
only on other electronic
means.] Rule 9036(c)(2):
(2) Electronic Means
Consented To. An entity
may also send notice or
serve a document by
electronic means that the
recipient consented to in
writing, including by
designating an electronic
address for receiving
notices. But such notice
or service is not e ective
if the sender learns that it
did not reach the entity to
be notiﬁed or served.

Service / other means:

Service / other means:

Service / other means:

Service / other means:

Rule 8011(c)(2): (2)
Service by Other Means.
A document may also be
served under this rule by:
(A) personal delivery;
(B) mail;
(C) third-party
commercial carrier for
delivery within 3 days; or
(D) electronic means that
the entity served has
consented to in writing,
but such electronic
service is not e ective if
the sender learns that it
did not reach the entity to
be served.

FRAP 25(c)(2): (2)
Service by Other Means.
A paper may also be
served under this rule by:
(A) personal delivery,
including delivery to a
responsible person at the
o ice of counsel;
(B) mail;
(C) third-party
commercial carrier for
delivery within 3 days; or
(D) sending it by
electronic means that the
person to be served has
consented to in writing,
but such electronic
service is not e ective if
the sender learns that it
did not reach the person
to be served.

Civil Rule 5(b)(3): (3)
Service by Other Means.
A paper may also be
served under this rule by:
(A) handing it to the
person;
(B) leaving it:
(i) at the person’s o ice
with a clerk or other
person in charge or, if no
one is in charge, in a
conspicuous place in the
o ice; or
(ii) if the person has no
o ice or the o ice is
closed, at the person’s
dwelling or usual place of
abode with someone of
suitable age and
discretion who resides
there;
(C) mailing it to the
person’s last known
address—in which event
service is complete upon
mailing;
(D) leaving it with the
court clerk if the person
has no known address;

Criminal Rule 49(a)(4):
(4) Service by Other
Means. A paper may also
be served by:
(A) handing it to the
person;
(B) leaving it:
(i) at the person's o ice
with a clerk or other
person in charge or, if no
one is in charge, in a
conspicuous place in the
o ice; or
(ii) if the person has no
o ice or the o ice is
closed, at the person's
dwelling or usual place of
abode with someone of
suitable age and
discretion who resides
there;
(C) mailing it to the
person's last known
address – in which event
service is complete upon
mailing;
(D) leaving it with the
court clerk if the person
has no known address;

7
Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 27 of 209

(E) sending it by
electronic means that the
person has consented to
in writing—in which event
service is complete upon
sending, but is not
e ective if the sender
learns that it did not
reach the person to be
served; or
(F) delivering it by any
other means that the
person has consented to
in writing—in which event
service is complete when
the person making
service delivers it to the
agency designated to
make delivery.

(E) sending it by
electronic means that the
person has consented to
in writing – in which event
service is complete upon
sending, but is not
e ective if the sender
learns that it did not
reach the person to be
served; or
(F) delivering it by any
other means that the
person has consented to
in writing—in which event
service is complete when
the person making
service delivers it to the
agency designated to
make delivery.

8
Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 28 of 209

Service / completeness:
Rule 9036(d): (d) When
Notice or Service Is
Complete; Keeping an
Address Current.
(1) Notice of Case
Activity Sent Through
the Court’s ElectronicFiling System.
For any notice or service
deadlines, notice or
service by a notice of
case activity is complete
as of the date of ﬁling. For
any deadlines that run
from the date of notice or
service, notice or service
by a notice of case
activity is complete as of
the date of the notice of
case activity.
(2) Other Electronic
Means. Electronic notice
or service by other
electronic means is
complete upon sending.

Service / completeness:
Rule 8011(c)(3): (3)
When Service Is
Complete.
(A) For Service by a
Notice of Case Activity.
For any service
deadlines, service by a
notice of case activity is
complete as of the date
of ﬁling. For any
deadlines that run from
the date of service,
service by a notice of
case activity is complete
as of the notice’s date.
(B) For Service by Other
Electronic Means.
Service by other
electronic means is
complete on sending.
(C) For Service by Mail
or Commercial Carrier.
Service by mail or by
third-party commercial
carrier is complete on
mailing or delivery to the
carrier.

Service / completeness:
FRAP 25(c)(4): (4) When
Service Is Complete.
(A) For Service by Mail or
Commercial Carrier.
Service by mail or by
commercial carrier is
complete on mailing or
delivery to the carrier.
(B) For Service by a
Notice of Case Activity.
For any service
deadlines, service by a
notice of case activity is
complete as of the date
of ﬁling. For any
deadlines that run from
the date of service,
service by a notice of
case activity is complete
as of the notice’s date.
(C) For Service by Other
Electronic Means.
Service by other
electronic means is
complete on sending.

Service / completeness:
[Civil Rule 5 does not
have a discrete subpart
focused on
completeness. Rather,
the current rule
addresses completeness
in Rule 5(b)(2)(C), (E), and
(F). The amended rule
retains those mentions of
completeness and
addresses completeness
for service by means of
the NCA in Rule 5(b)(2).]
Civil Rule 5(b)(2): For any
service deadlines,
service by a notice of
case activity is complete
as of the date of ﬁling. For
any deadlines that run
from the date of service,
service by a notice of
case activity is complete
as of the notice’s date.

Service / completeness:
[Criminal Rule 49 does
not have a discrete
subpart focused on
completeness. Rather,
the current rule
addresses completeness
in Rules 49(a)(3)(A) & (B)
and 49(a)(4)(C) & (E). The
amended rule retains
(though relocates) three
of these mentions of
completeness and
addresses completeness
for service by means of
the NCA in Rule 49(a)(3).]
Criminal Rule 49(a)(3):
For any service
deadlines, service by a
notice of case activity is
complete as of the date
of ﬁling. For any
deadlines that run from
the date of service,
service by a notice of
case activity is complete
as of the notice’s date.

9
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NCA deﬁned:
Rule 9036(c)(3): (3)
Deﬁnition of “Notice of
Case Activity.” The term
“notice of case activity”
includes a notice of
docket activity, a notice
of electronic ﬁling, and
any other similar
electronic notice
provided to case
participants through the
court’s electronic-ﬁling
system to inform them of
activity on the docket.

NCA deﬁned:
Rule 8011(c)(4): (4)
Deﬁnition of “Notice of
Case Activity.” The term
“notice of case activity”
includes a notice of
docket activity, a notice
of electronic ﬁling, and
any other similar
electronic notice
provided to case
participants through the
court’s electronic-ﬁling
system to inform them of
activity on the docket.

NCA deﬁned:
FRAP 25(c)(5): (5)
Deﬁnition of “Notice of
Case Activity.” The term
“notice of case activity”
includes a notice of
docket activity, a notice
of electronic ﬁling, and
any other similar
electronic notice
provided to case
participants through the
court’s electronic-ﬁling
system to inform them of
activity on the docket.

NCA deﬁned:
Civil Rule 5(b)(4): (4)
Deﬁnition of “Notice of
Case Activity.” The term
“notice of case activity”
includes a notice of
docket activity, a notice
of electronic ﬁling, and
any other similar
electronic notice
provided to case
participants through the
court’s electronic-ﬁling
system to inform them of
activity on the docket.

NCA deﬁned:
Crim Rule 49(a)(5): (5)
Deﬁnition of “Notice of
Case Activity.” The term
“notice of case activity”
includes a notice of
docket activity, a notice
of electronic ﬁling, and
any other similar
electronic notice
provided to case
participants through the
court’s electronic-ﬁling
system to inform them of
activity on the docket.

10
Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 30 of 209

Certiﬁcate of service:
[NB: Rule 5005 doesn’t
discuss service, and
while Rule 9036
addresses service, it does
not address proof of
service.]

Certiﬁcate of service:
[NB: The overarching SRL
project does not give rise
to a need to revise Rule
8011(d)(1) (“Proof of
Service. Requirements”),
because it already uses
the language “if it was
served other than through
the court's electronicﬁling system,” thus
accommodating service
(by means of the notice of
case activity) of a ﬁling
made in paper form by a
SRL. However, based on
its review of bankruptcyspeciﬁc terminology, the
Bankruptcy Rules
Committee will update
Rule 8011(d)(1) to use the
terms “entity” and
“individual” instead of
“person.”]

Certiﬁcate of service:
[NB: No need to revise
FRAP 25(d)(1) (“Proof of
Service”), because it
already uses the
language “if it was served
other than through the
court's electronic-ﬁling
system,” thus
accommodating service
(by means of the notice of
case activity) of a ﬁling
made in paper form by a
SRL.]

Certiﬁcate of service:
Civil Rule 5(d)(1)(B): (B)
Certiﬁcate of Service.
No certiﬁcate of service
is required when a paper
is served through the
court’s electronic-ﬁling
system under Rule
5(b)(2). When a paper
that is required to be
served is served by other
means:
(i) if it is ﬁled, a certiﬁcate
of service must be ﬁled
with it or within a
reasonable time after
service; and
(ii) if it is not ﬁled, a
certiﬁcate of service
need not be ﬁled, unless
ﬁling is required by court
order or by local rule.

Certiﬁcate of service:
Criminal Rule 49(b)(1):
(b) Filing.
(1) When Required;
Certiﬁcate of Service.
Any paper that is required
to be served must be ﬁled
no later than a
reasonable time after
service. No certiﬁcate of
service is required when
a paper is served through
the court’s electronicﬁling system under Rule
49(a)(3). When a paper is
served by other means, a
certiﬁcate of service
must be ﬁled with it or
within a reasonable time
after service or ﬁling.

11
Preliminary Draft of Proposed Amendments to the Federal Rules
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OVERVIEW:
Proposals Relating to Privacy Rules in Public Court Filings

Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 32 of 209

May 11, 2026 Report on the Privacy Rule Amendments

MEMORANDUM
To:

Judge James C. Dever III
Standing Committee on Rules of Practice and Procedure

From: Carolyn Dubay, Chief Counsel, Rules Committee Staff
Edward Hartnett, Standing Committee Reporter
Date: May 11, 2026
Re:

Report on Status of Privacy Rule Amendments

The Standing Committee is asked to approve for publication and public comment proposed
amendments to the privacy rules found in Civil Rule 5.2, Criminal Rule 49.1, and Bankruptcy Rule
9037. Redlined versions of the proposed amended rules are included following this memorandum.
These amendments reflect years of study and coordination, with the Criminal Rules Advisory
Committee taking the lead on these issues and the Bankruptcy Rules Advisory Committee
considering the special need for at least partially redacted taxpayer identification numbers in
bankruptcy proceedings. The proposed changes, which stem from suggestions received from
Senator Ron Wyden in 2022 and the Department of Justice in 2024, would do the following:
(1) Require complete redaction of social security numbers (SSNs), individual taxpayer
identification numbers (ITINs) and employer identification numbers (EINs) in civil and
criminal cases (Civil Rule 5.2 and Criminal Rule 49.1), subject to the existing exceptions
in those Rules. These changes would expand the privacy protections in these rules in two
ways. First, the current redaction requirement permits the inclusion of the last four digits
of these numbers; the proposed amendments would require complete redaction. Second,
EINs are not expressly covered by the existing rules, although redaction of EINs is required
in U.S. Tax Court and in the Court of Federal Claims. However, for reasons explained in
the Bankruptcy Rules Advisory Committee Report to the Standing Committee in January
2026, Bankruptcy Rule 9037 would not change with respect to social security numbers or
taxpayer identification numbers and would not expand to protect employer identification
numbers.
(2) Require the use of pseudonyms rather than initials to reference minors in court filings in
civil, criminal, and bankruptcy cases (Civil Rule 5.2, Criminal Rule 49.1, Bankruptcy Rule
9037). Note that the proposed amendments do not address the use of a pseudonym for a
minor in a court filing once the minor ages out, but public comment may provide insight
into whether this is an issue that should be addressed in a rule rather than through protective
orders in individual cases.
(3) In all three rule sets, clarify that the redaction/pseudonym requirement applies to all
documents in the court filing, including exhibits and attachments.

Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 33 of 209

May 11, 2026 Report on the Privacy Rule Amendments

As an additional matter, the Bankruptcy Rules Advisory Committee at its spring 2026
meeting voted to approve for publication and public amendments to Rule 8011 governing
bankruptcy appeals. Those proposed amendments would add an additional layer of privacy
protection in appeals from bankruptcy courts to district courts and bankruptcy appellate panels.
These proposed amendments were intended to mirror amendments that the Appellate Rules
Advisory Committee is considering with respect to Appellate Rule 25(a)(5). At its spring Advisory
Committee meeting, however, the Appellate Rules Committee determined that further study was
needed regarding those proposed amendments and it is not seeking publication at this time of
proposed amendments to Rule 25(a)(5). For this reason, we recommend that the Standing
Committee postpone publication and public comment on the proposed amendments to Bankruptcy
Rule 8011 to allow for coordination with the Appellate Rules Advisory Committee as it continues
to study the issue.
Importantly, the delay in moving forward with the appellate privacy rules (Bankruptcy Rule
8011 and Appellate Rule 25(a)(5)) should not delay publication for public comment of the
proposed amendments to Civil Rule 5.2, Criminal Rule 49.1, and Bankruptcy Rule 9037. Existing
Appellate Rule 25(a)(5) incorporates those Rules by reference, so any changes to those Rules will
apply on appeal without the need to amend Appellate Rule 25(a)(5). For reference, that Rule
provides:
Privacy Protection. An appeal in a case whose privacy protection was governed by Federal
Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal Rule
of Criminal Procedure 49.1 is governed by the same rule on appeal. In all other
proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except
that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought
in a criminal case. The provisions on remote electronic access in Federal Rule of Civil
Procedure 5.2(c)(1) and (2) apply in a petition for review of a benefits decision of the
Railroad Retirement Board under the Railroad Retirement Act.
The amendments to Appellate Rule 25(a)(5) that the Advisory Committee on Appellate
Rules has been considering would add another layer of privacy protection on appeal, requiring
redactions in appellate filings even of material that need not be redacted under the Civil, Criminal,
and Bankruptcy Rules. It was poised to ask the Standing Committee to publish a proposal along
these lines but, at its April 2026 meeting, new concerns were raised about the breadth and impact
of that proposal. In particular, the U.S. Department of Justice (echoed by others) raised concerns
about the costs and difficulties involved in redacting the contents of an appendix. The possibility
that a party might forfeit this additional layer of protection was also raised. Recognizing that any
changes made to the Civil, Criminal, and Bankruptcy Rules will automatically flow through to the
courts of appeals, the Advisory Committee on Appellate Rules decided to study these concerns
further before seeking to impose another layer of protection, and it formed a subcommittee to do
so. Any changes it considers can also be shared with the Bankruptcy Rules Advisory Committee
regarding parallel amendments to Bankruptcy Rule 8011.

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August 2026

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FEDERAL RULES OF APPELLATE PROCEDURE

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 35 of 209

Excerpt from the May 11, 2026 Report of the Advisory Committee on Appellate Rules

COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE

JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
JAMES C. DEVER III
CHAIR

CHAIRS OF ADVISORY COMMITTEES
ALLISON H. EID
APPELLATE RULES

CAROLYN A. DUBAY
SECRETARY

REBECCA B. CONNELLY
BANKRUPTCY RULES
SARAH S. VANCE
CIVIL RULES
MICHAEL W. MOSMAN
CRIMINAL RULES
JESSE M. FURMAN
EVIDENCE RULES

MEMORANDUM
Hon. James C. Dever III, Chair
Committee on Rules of Practice and Procedure

TO:

FROM: Hon. Allison H. Eid, Chair
Advisory Committee on Appellate Rules
RE:

Report of the Advisory Committee on Appellate Rules

DATE:

May 11, 2026

I.

Introduction

The Advisory Committee on Appellate Rules met on Thursday, April 16, 2026,
in Charlotte, North Carolina. * * *
The Advisory Committee has several action items for the June 2026 meeting.
*****
In addition, the Advisory Committee asks the Standing Committee to publish
for public comment (per Part III of this report) proposed amendments to Rule 25, as
part of the cross-committee project to address electronic filing by self-represented litigants.

Preliminary Draft of Proposed Amendments to the Federal Rules
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Page 36 of 209

Excerpt from the May 11, 2026 Report of the Advisory Committee on Appellate Rules

*****
III.

Item for Publication
A.

Electronic Filing and Service by Self-Represented Parties (21AP-E)

The Advisory Committee defers to the Consultant to the Standing Committee
for the update regarding the joint project on electronic filing and service by self-represented litigants.
*****

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 37 of 209

PROPOSED AMENDMENTS TO THE
FEDERAL RULES OF APPELLATE PROCEDURE 1
1

Rule 25.

2

(a)

3

Filing and Service

Filing.
(1)

Filing with the Clerk. A paper required or

4

permitted to be filed in a court of appeals

5

must be filed with the clerk.

6

(2)

Filing: Method and Timeliness.
(A)

7

Nonelectronic Filing.
(i)

8

In General. For a paper not

9

filed electronically, filing may

10

be accomplished by mail

11

addressed to the clerk, but

12

filing is not timely unless the

13

clerk receives the papers

14

within the time fixed for

New material is underlined in red; matter to be omitted
is lined through.
1

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 38 of 209

2

FEDERAL RULES OF APPELLATE PROCEDURE

filing.

15
16

(ii)

A Brief or Appendix. A brief

17

or

appendix

not

filed

18

electronically is timely filed,

19

however, if on or before the

20

last day for filing, it is:

21

•

mailed to the clerk by

22

first-class mail, or other

23

class of mail that is at least

24

as expeditious, postage

25

prepaid; or
•

26

dispatched to a third-party

27

commercial

carrier

for

28

delivery

the

clerk

29

within 3 days.
If

an

to

Inmate

Filing.

31

institution

has

32

designed for legal mail, an

30

(iii)

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

a

system

Page 39 of 209

FEDERAL RULES OF APPELLATE PROCEDURE

3

33

inmate confined there must

34

use that system to receive the

35

benefit

36

25(a)(2)(A)(iii). A paper not

37

filed electronically by an

38

inmate is timely if it is

39

deposited in the institution’s

40

internal mail system on or

41

before the last day for filing

42

and:

43

•

of

this

Rule

it is accompanied by: a

44

declaration in compliance

45

with 28 U.S.C. § 1746—

46

or a notarized statement—

47

setting out the date of

48

deposit and stating that

49

first-class postage is being

50

prepaid; or evidence (such

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 40 of 209

4

FEDERAL RULES OF APPELLATE PROCEDURE

51

as a postmark or date

52

stamp) showing that the

53

paper was so deposited

54

and that postage was

55

prepaid; or
•

56

the

court

of

appeals

57

exercises its discretion to

58

permit the later filing of a

59

declaration or notarized

60

statement that satisfies

61

Rule 25(a)(2)(A)(iii).

62

(B)

Electronic Filing and Signing.

63

(i) By by a Represented Person

64

Represented

65

Generally Required; Exceptions. A

66

person represented by an attorney

67

must

68

nonelectronic filing is allowed by the

file

by

Counsel—

electronically,

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

unless

Page 41 of 209

FEDERAL RULES OF APPELLATE PROCEDURE

5

69

court for good cause or is allowed or

70

required by local rule.

71

(ii)(C) Electronic

Filing

by

72

Unrepresented

73

When Allowed or Required.

74

(i)

In

Person

By

an

Party—

General.

An

75

unrepresented party person

76

not

77

attorney:

78

electronically only if allowed

79

by use the court’s electronic-

80

filing system to file papers

81

and receive notice of activity

82

in the party’s case, unless a

83

court order or by local rule

84

prohibits the party from doing

85

so.; and • An unrepresented

86

person may be required to file

represented

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

•

by

an

may

file

Page 42 of 209

6

FEDERAL RULES OF APPELLATE PROCEDURE

87

electronically only by court

88

order in a case, or by a local

89

rule that includes reasonable

90

exceptions.

91

(ii)

Conditions and Restrictions

92

on Access. A court may set

93

and

94

conditions and restrictions on

95

unrepresented parties’ access

96

to the court’s electronic-filing

97

system (including by denying

98

or revoking access for a

99

particular

100

party). But the court may not

101

prohibit

102

parties from using the system

103

unless

104

includes

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

enforce

reasonable

unrepresented

all

that

unrepresented

prohibition
reasonable

Page 43 of 209

FEDERAL RULES OF APPELLATE PROCEDURE

105

exceptions

106

permits the use of another

107

electronic method for filing

108

papers

109

electronic notice of activity in

110

the party’s case.

111

(iii)(D) Signing. A filing made through a

112

person’s electronic-filing account and

113

authorized by that person, together

114

with that person’s name on a

115

signature

116

person’s signature.

block,

or

7

the

and

court

receiving

constitutes

the

117

(iv)(E) Same as a Written Paper. A paper

118

filed electronically is a written paper

119

for purposes of these rules.
*****

120
121
122

(b)

Service of All Papers Required. Unless a rule
requires service by the clerk or the paper will be

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 44 of 209

8

FEDERAL RULES OF APPELLATE PROCEDURE

123

served through the court’s electronic-filing system

124

under Rule 25(c)(1), a party must, at or before the

125

time of filing a paper, serve a copy on the other

126

parties to the appeal or review. Service on a party

127

represented by counsel must be made on the party’s

128

counsel.

129
130

(c)

Manner of Service.
(1)

Service by a Notice of Case Activity Sent

131

Through the Court’s Electronic-Filing

132

System. A notice of case activity sent to a

133

person registered to receive it through the

134

court’s electronic-filing system constitutes

135

service

136

qualifications:

137

(A)

on

that

person,

with

these

such service is not effective if the filer

138

learns that it did not reach the person

139

to be served; and

140

(B)

a court may provide by order or local

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

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FEDERAL RULES OF APPELLATE PROCEDURE

9

141

rule that if a paper is filed under seal

142

or initiates a proceeding in the court

143

of appeals under Rule 5, 6(c), 15, or

144

21, it must be served by other means.

145
146
147
148

(2)

Service by Other Means. A paper may also
be served under this rule by:

Nonelectronic service may be any of the following:
(A)

personal delivery, including delivery

149

to a responsible person at the office of

150

counsel;

151

(B)

by mail; or

152

(C)

by third-party commercial carrier for

153

delivery within 3 days; or

154

(D) . (2) Electronic service of a paper may be

155

made (A) by sending it to a registered

156

user by filing it with the court’s

157

electronic-filing system or (B) by

158

sending it by other electronic means

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

Page 46 of 209

10

FEDERAL RULES OF APPELLATE PROCEDURE

159

that the person to be served has

160

consented to in writing., but such

161

electronic service is not effective if

162

the sender learns that it did not reach

163

the person to be served.

164

(3)

Considerations in Choosing Other Means.

165

When reasonable considering such factors as

166

the immediacy of the relief sought, distance,

167

and cost, service on a party must be by a

168

manner at least as expeditious as the manner

169

used to file the paper with the court.

170
171

(4)

When Service Is Complete.
(A)

For Service by Mail or Commercial

172

Carrier. Service by mail or by

173

commercial carrier is complete on

174

mailing or delivery to the carrier.

175
176

(B)

For Service by a Notice of Case
Activity. For any service deadlines,

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FEDERAL RULES OF APPELLATE PROCEDURE

11

177

service by a notice of case activity is

178

complete as of the date of filing. For

179

any deadlines that run from the date

180

of service, service by a notice of case

181

activity is complete as of the notice’s

182

date.

183

(C) For Service by Other Electronic

184

Means. Service by other electronic

185

means is complete on filing or

186

sending, unless the party making

187

service is notified that the paper was

188

not received by the party served.

189

(5)

Definition of “Notice of Case Activity.”

190

The term “notice of case activity” includes a

191

notice of docket activity, a notice of

192

electronic filing, and any other similar

193

electronic

194

participants through the court’s electronic-

notice

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

provided

to

case

Page 48 of 209

12

FEDERAL RULES OF APPELLATE PROCEDURE

195

filing system to inform them of activity on the

196

docket.

197
198

(d)

Proof of Service.
(1)

A paper presented for filing must contain

199

either of the following if it was served other

200

than through the court’s electronic-filing

201

system:

202

(A)

person served; or

203
204

an acknowledgment of service by the

(B)

proof of service consisting of a

205

statement by the person who made

206

service certifying:

207

(i)

service;

208
209

(ii)

212

the names of the persons
served; and

210
211

the date and manner of

(iii)

their

mail

or

electronic

addresses, facsimile numbers,

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FEDERAL RULES OF APPELLATE PROCEDURE

13

213

or the addresses of the places

214

of delivery, as appropriate for

215

the manner of service.

216

(2)

When a brief or appendix is filed by mailing

217

or dispatch in accordance with Rule

218

25(a)(2)(A)(ii), the proof of service must also

219

state the date and manner by which the

220

document was mailed or dispatched to the

221

clerk.

222

(3)

Proof of service may appear on or be affixed

223

to the papers filed.

224

*****

225

Committee Note

226
227
228
229
230
231
232
233
234
235

Rule 25 is amended to address two topics concerning
unrepresented parties. (Concurrent amendments are made to
Bankruptcy Rules 5005, 8011, and 9036, Civil Rule 5, and
Criminal Rule 49.) Rule 25(a)(2) is amended to expand the
availability of electronic modes by which unrepresented
parties can file documents with the court and receive notice
of filings that others make in the case. Rule 25(c) is amended
to address service of documents filed by an unrepresented
litigant in paper form. Because all such paper filings are
uploaded by court staff into the court’s electronic-filing

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14

FEDERAL RULES OF APPELLATE PROCEDURE

236
237
238
239
240

system, there is no need to require separate paper service by
the filer on case participants who receive an electronic notice
of the filing from the court’s electronic-filing system. Rule
25(c)’s treatment of service is also reorganized to reflect the
primacy of service by means of the electronic notice.

241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256

Subdivision (a)(2)(C). Under new Rule
25(a)(2)(C)(i), an unrepresented party is presumptively
authorized to use the court’s electronic-filing system to file
documents in the case. If a court of appeals wishes to restrict
unrepresented parties’ access to the electronic-filing system,
it must do so by order or local rule. This presumption in favor
of access by unrepresented parties is the opposite of the
presumption set by the prior Rule 25(a)(2)(B)(ii). The
reference to an unrepresented ‘party,’ rather than an
unrepresented ‘person,’ excludes an unrepresented nonparty
from its scope; the rule does not grant nonparty nonlawyers
any right to use the court’s e-filing system. However, the
court may not require electronic filing by any unrepresented
person, including any unrepresented nonparty, except by
order in a particular case or by a local rule that includes
reasonable exceptions.

257
258
259
260
261
262
263
264
265
266
267
268
269

New Rule 25(a)(2)(C)(ii) states that the court may set
reasonable conditions and restrictions on access by
unrepresented parties to the court’s electronic-filing system.
Where appropriate, access to the electronic-filing system
might be allowed only to a particular type of unrepresented
party: for example, one who is not incarcerated (if the
distinctive logistical considerations that apply in carceral
settings justify such a limitation), one who has satisfactorily
completed required training and certifications, one who
complies with other reasonable conditions on access, and so
on. Reasonable conditions or restrictions might also
distinguish between particular types of filings: for example,
filings that initiate a case in the court of appeals and those

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FEDERAL RULES OF APPELLATE PROCEDURE

15

270
271
272
273
274

that do not. The subdivision explicitly contemplates that, in
appropriate circumstances, a reasonable restriction might
also include an order barring a specific unrepresented party
from accessing the court’s electronic-filing system or
revoking that party’s access to the system.

275
276
277
278
279
280
281
282
283
284
285
286
287
288
289

However, new Rule 25(a)(2)(C)(ii) also expressly
prohibits a court from barring all unrepresented parties from
using the electronic-filing system, unless the court also
either (1) includes reasonable exceptions to the prohibition,
or (2) permits unrepresented parties to use another electronic
method for filing documents (such as by email or by upload
through an electronic document submission system) and for
receiving notice of court filings and orders (such as an
electronic noticing program). A local provision requiring
unrepresented parties to obtain the court’s permission in
order to use the court’s electronic-filing system would count
as including reasonable exceptions, so long as such
permission is granted or withheld in accordance with the
reasonable conditions and restrictions on access set by the
court.

290
291

Former Rules 25(a)(2)(B)(iii) and (iv) are carried
forward but renumbered as Rules 25(a)(2)(D) and (E).

292
293
294
295
296
297
298
299
300
301
302

Subdivision (b). Former Rule 25(b) generally
required that a party, “at or before the time of filing a paper,
[must] serve a copy on the other parties to the appeal or
review.” The former rule exempted from this requirement
instances when “a rule requires service by the clerk.” The
rule is amended to add a second exemption, for instances
when “the paper will be served through the court’s
electronic-filing system under Rule 25(c)(1).” This
amendment reflects that new Rule 25(c)(1) encompasses
service by the notice of case activity that results from the
clerk’s uploading into the system a paper filing by an

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16

FEDERAL RULES OF APPELLATE PROCEDURE

303
304

unrepresented litigant. (As to when such service is complete,
see subdivision (c)(4)(B).)

305
306
307
308
309
310
311
312
313

Subdivision (c). Rule 25(c) is restructured so that the
primary means of service – that is, service by means of the
court’s electronic-filing system – is addressed first, in Rule
25(c)(1). Former Rule 25(c)(1) becomes new Rule 25(c)(2),
which continues to address alternative means of service.
New Rule 25(c)(5) defines the term “notice of case activity”
as any electronic notice provided to case participants through
the court’s electronic-filing system to inform them of a filing
or other activity on the docket.

314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330

Subdivision (c)(1). Amended Rule 25(c)(1)
eliminates the requirement of separate (paper) service on a
litigant who is registered to receive a notice of case activity
from the court’s electronic-filing system. Litigants who are
registered to receive a notice of case activity include those
litigants who are participating in the court’s electronic-filing
system with respect to the case in question and also include
those litigants who receive the notice because they have
registered for a court-based electronic-noticing program.
(Former Rule 25(c)(2)’s provision for service by “sending [a
paper] to a registered user by filing it with the court’s
electronic-filing system” had already eliminated the
requirement of paper service on registered users of the
court’s electronic-filing system by other registered users of
the system; the amendment extends this exemption from
paper service to those who file by a means other than through
the court’s electronic-filing system.)

331
332
333
334
335

New Rule 25(c)(1)(A) provides that service by
means of the court’s electronic-filing system is not effective
if the filer learns that it did not reach the person to be served.
This provision carries forward the principle previously
contained in former Rule 25(c)(4).

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FEDERAL RULES OF APPELLATE PROCEDURE

17

336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351

New Rule 25(c)(1)(B) states that a court may provide
by order or local rule that if a paper is filed under seal or
initiates a proceeding in the court of appeals under Rule 5,
6(c), 15, or 21, it must be served by other means. This
sentence is designed to account for circuits (if any) in which
parties in the case cannot access other participants’ sealed
filings via the court’s electronic-filing system. It also
accounts for circuits that permit the use of the court’s
electronic-filing system to file case-initiating petitions but
that do not wish to permit the filer to rely on the court’s
electronic-filing system for service of such a petition. The
rule does not set a national requirement that all caseinitiating documents be served other than through the court’s
electronic-filing system; a court of appeals may decide that,
in some instances, service of such documents through the
court’s electronic-filing system is an appropriate option.

352
353
354

Subdivision (c)(2). Subdivision (c)(2) carries
forward the contents of former Rule 25(c)(1), with three
changes.

355
356
357
358
359
360
361
362
363
364
365
366

The
subdivision’s
introductory
phrase
(“Nonelectronic service may be any of the following”) is
amended to read “A paper may also be served under this rule
by.” This locution reflects the inclusion of other electronic
means (apart from service through the court’s electronicfiling system) in new Rule 25(c)(2)(D) and also ensures that
new Rule 25(c)(2) remains an option for serving any litigant,
even one who receives notices of filing. This option might
be useful to litigants who will be filing non-electronically
but who wish to effect service on their opponents before the
time when the court will have uploaded the filing into the
court’s system (thus generating the notice of case activity).

367
368

The prior reference to “sending [a paper] to a
registered user by filing it with the court’s electronic-filing

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18

FEDERAL RULES OF APPELLATE PROCEDURE

369
370

system” is deleted, because this is now covered by new Rule
25(c)(1).

371
372
373
374

The concept that service by other electronic means is
not effective if the sender learns that the document was not
received by the person served – previously contained in prior
Rule 25(c)(4) – is relocated to what now is Rule 25(c)(2)(D).

375
376
377
378
379
380

Subdivision (c)(4). Amended subdivision (c)(4)
carries forward the prior rule’s provisions that service by
electronic means other than through the court’s electronicfiling system is complete on sending and that service by mail
or by commercial carrier is complete on mailing or delivery
to the carrier.

381
382
383
384
385
386
387
388
389
390
391
392
393

As to service through the court’s electronic-filing
system, the amended rule provides that service by a notice
of case activity is complete as of the date of filing for
purposes of any deadlines for making service. But the
amended rule provides that, for purposes of any deadlines
that run from the date of service, service is complete as of
the date of the notice of case activity. Thus, the amended rule
ensures that if there is a delay between the date the court
receives a filing not made through the electronic-filing
system and the date the court uploads that filing into the
electronic-filing system, that delay will not diminish the time
allowed to the party whose deadline runs from the date of
service.

394
395
396
397
398
399
400

In addition to providing when service was complete,
former Rule 25(c)(4) addressed what happened if the person
making electronic service learned that the document was not
received by the person to be served. The latter is now
addressed by new Rules 25(c)(1)(A) and (c)(2)(D), which
provide that electronic service is not effective if the filer or
sender learns that it did not reach the person to be served.

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FEDERAL RULES OF APPELLATE PROCEDURE

401
402
403
404
405
406
407
408
409
410

19

Subdivision (c)(5). New Rule 25(c)(5) defines the
term “notice of case activity” as any electronic notice
provided to case participants through the court’s electronicfiling system to inform them of a filing or other activity on
the docket. There are two equivalent terms currently in use:
Notice of Electronic Filing and Notice of Docket Activity.
“Notice of case activity” is intended to encompass both of
those terms, as well as any equivalent terms that may come
into use in future. The word “electronic” is deleted as
superfluous now that electronic filing is the default method.

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FEDERAL RULES OF BANKRUPTCY PROCEDURE

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Excerpt from the May 7, 2026 Report of the Advisory Committee on Bankruptcy Rules

COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE

JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
JAMES C. DEVER III
CHAIR

CHAIRS OF ADVISORY COMMITTEES
ALLISON H. EID
APPELLATE RULES

CAROLYN A. DUBAY
SECRETARY

REBECCA B. CONNELLY
BANKRUPTCY RULES
SARAH S. VANCE
CIVIL RULES
MICHAEL W. MOSMAN
CRIMINAL RULES
JESSE M. FURMAN
EVIDENCE RULES

MEMORANDUM
TO:

Hon. James C. Dever III, Chair
Committee on Rules of Practice and Procedure

FROM:

Hon. Rebecca B. Connelly, Chair
Advisory Committee on Bankruptcy Rules

RE:

Report of the Advisory Committee on Bankruptcy Rules

DATE:

May 7, 2026

I.
***

Introduction
The Advisory Committee on Bankruptcy Rules met in Charlotte, N.C., on April 15, 2026.
*****

In addition to the rules discussed in Professor Struve’s report on electronic filing and
service by self-represented litigants, the Advisory Committee also agreed to seek publication for
comment of proposed amendments to Bankruptcy Rules 2003 (Meeting of Creditors or Equity
Security Holders) and 9037 (Privacy Protection for Filings Made With the Court).
Part II of this report presents those action items. They are organized as follows:

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Page 58 of 209

Excerpt from the May 7, 2026 Report of the Advisory Committee on Bankruptcy Rules

*****
B.

II.

Items for Publication
●

Rule 2003; and

●

Rule 9037.

Action Items

*****
*****

B.

Items for Publication

The Advisory Committee recommends that the following rule amendments be
published for public comment in August 2026. Bankruptcy Tab 17 includes Rule 2003, and Rule
9037 is included in Ms. Dubay’s report on the privacy rules amendments.
Action Item 4. Rule 2003 (Meeting of Creditors or Equity Security Holders). A chapter
12/chapter 13 trustee submitted a suggestion (Suggestion 24-BK-G), which she later revised
(Suggestion 25-BK-B), to amend Rule 2003 as pertains to the timing and location of meetings of
creditors. She made this suggestion, which was endorsed by the Association of Chapter 12 Trustees
(“ACT12”) and the National Association of Chapter 13 Trustees, in response to the current practice
of conducting the meetings remotely by means of Zoom. The National Association of Bankruptcy
Trustees (“NABT”) also submitted a suggestion (25-BK-C) to amend Rule 2003 to take account
of remote meetings of creditors.
Because some of the concerns raised by the suggestions relate to policies of the Executive
Office for U.S. Trustees (“EOUST”), the Advisory Committee suggested that discussions between
that office and trustee representatives might be helpful in determining whether a consensus could
be reached about the need for possible amendments to Rule 2003. Those discussions took place,
and ACT 12 and NABT submitted new suggestions (26-BK-1 and 26-BK-2) that proposed
amendments to Rule 2003(a) that the EOUST and the trustee groups agreed on, plus an additional
amendment that the EOUST did not support.
The Advisory Committee approved the proposed amendments for publication, with minor
changes suggested by the style consultants, and by a 10-4 vote rejected the language to which the
EOUST objected. These proposed amendments would allow more time to convene the meeting of
creditors in chapter 12 and 13 cases, extending the deadline in chapter 12 cases from 35 to 60 days,
and in chapter 13 cases, from 50 to 60 days, after the order for relief. They would also expressly
authorize meetings of creditors to be “conducted in person or remotely” and would allow the U.S.
trustee to designate in which manner a meeting would be conducted. The Advisory Committee
declined to add the sentence, “A remote meeting is deemed to take place in the district in which
the case was filed.”
Action Item 5. Rule 9037 (Protecting Privacy for Filings). All the advisory committees
have been considering suggestions that address particular issues relating to the privacy rules,

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Page 59 of 209

Excerpt from the May 7, 2026 Report of the Advisory Committee on Bankruptcy Rules

including suggestions regarding redaction of social-security numbers (“SSNs”) in federal-court
filings and a suggestion relating to initials of known minors in court filings. The Advisory
Committee has approved for publication amendments to Rule 9037 that would extend the
protection of the rule to exhibits and attachments and would require the use of a pseudonym in
place of initials for an individual known to be and identified as a minor. It does not propose
amending the rule to require the complete redaction of SSNs. A Federal Judicial Center survey of
bankruptcy debtor attorneys; chapter 7, 12, and 13 trustees; creditor attorneys; various tax
authorities; and representatives of the National Association of Attorneys General revealed a need
for the last 4 SSN digits in order to associate filings with the correct individual. The Advisory
Committee also decided not to require the redaction of EINs, which the bankruptcy petition forms
currently require an employer-debtor to provide. These numbers are used to monitor repeat filings,
and the Advisory Committee was unaware of any demonstrated need for redacting them.
The Advisory Committee has also approved for publication a new Rule 8011(a)(4) that
would require full redaction of SSNs or other taxpayer-identification numbers—including EINs—
from any filing made in appeals from the bankruptcy court to the district court or bankruptcy
appellate panel. These amendments were drafted to parallel amendments to Appellate Rule 25,
which the Appellate Rules Advisory Committee has been considering. However, in light of that
committee’s continuing consideration of those amendments, the Advisory Committee
recommends that the Standing Committee postpone publication of the new Rule 8011(a)(4) to
allow for coordination with the Appellate Rules Advisory Committee as it continues to study the
issue.
*****

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August 2026

Page 60 of 209

PROPOSED AMENDMENTS TO THE FEDERAL
RULES OF BANKRUPTCY PROCEDURE 1
1
2

Rule 2003. Meeting of Creditors or Equity
Security Holders

3

(a)

4

Date and Place of the Meeting.
(1)

Date. Except as provided in § 341(e), the

5

United States trustee must call a meeting of

6

creditors to be held:

7

(A)

in a Chapter 7 or 11 case, no fewer

8

than 21 days and no more than 40

9

days after the order for relief; or
(B)

10

in a Chapter 12 or 13 case, no fewer

11

than 21 days and no more than 35 60

12

days after the order for relief; or
(C)

13

in a Chapter 13 case, no fewer than

14

21 days and no more than 50 days

15

after the order for relief.

New material is underlined in red; matter to be omitted is
lined through.
1

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2

16

FEDERAL RULES OF BANKRUPTCY PROCEDURE

(2)

Effect of a Motion or an Appeal.

The

17

United States trustee may set a later date for

18

the meeting if there is a motion to vacate the

19

order for relief, an appeal from such an

20

order, or a motion to dismiss the case.

21

(3)

Place; Manner of Conducting Possible

22

Change in the Meeting Date. The meeting

23

may be held at a regular place for holding

24

court place and in the manner designated by

25

the United States trustee. Or the United

26

States trustee may designate any other place

27

in the district The meeting may be conducted

28

in person or remotely. An in-person meeting

29

may be held at a regular place for holding

30

court, or at any place in the district

31

designated by the United States trustee that

32

is convenient for the parties in interest. If the

33

designated meeting place is not regularly

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FEDERAL RULES OF BANKRUPTCY PROCEDURE

3

34

staffed by the United States trustee or an

35

assistant who may preside, the meeting may

36

be held no more than 60 days after the order

37

for relief.

38

*****

39

Committee Note

40
41

Subdivision (a) is amended to better reflect current
practices in the conduct of meetings of creditors.

42
43
44
45
46
47
48
49
50
51
52
53
54

In paragraph (1) the time for convening the meeting
of creditors in a chapter 12 or 13 case is extended to a
maximum of 60 days after the order for relief. Prior to the
amendment, meetings were frequently called for a date that
was as many as 60 days after the order for relief under a
provision in paragraph (3) that allowed such lengthening of
the timeframe when “the designated meeting place [was]
not regularly staffed by the United States trustee or an
assistant who [could] preside.” Now that provision has been
deleted, and the rule allows the U.S. trustee to call for a
meeting of creditors in any chapter 12 or 13 case to be held
no fewer than 21 days and no more than 60 days after the
order for relief.

55
56
57
58

Paragraph (3) is amended to clarify that, consistent
with § 341(a) of the Bankruptcy Code, meetings of creditors
may be held remotely, as well as in person, as designated
by the U.S. trustee.

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PROPOSED AMENDMENTS TO THE
FEDERAL RULES OF BANKRUPTCY PROCEDURE1

1
2

Rule 5005. Filing Papers and Sending Copies to
the United States Trustee

3

(a)

Filing Papers.
*****

4
5

(3)

Electronic Filing and Signing.
(A)

6

By a Represented Entity—Generally

7

Required; Exceptions. An entity

8

represented by an attorney must file

9

electronically, unless nonelectronic

10

filing is allowed by the court for cause

11

or is allowed or required by local rule.
(B)

12

By an Unrepresented Individual—

13

When Allowed or Required.

14

(i)

In General. An unrepresented
individual not represented by

15

1

New material is underlined in red; matter to be omitted
is lined through.

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2

FEDERAL RULES OF BANKRUPTCY PROCEDURE

16

an attorney: (i) may file

17

electronically only if allowed

18

by use the court’s electronic-

19

filing system to file papers

20

and receive notice of activity

21

in the case, unless a court

22

order or local rule; and

23

prohibits the individual from

24

doing so. An unrepresented

25

individual

26

required to file electronically

27

only by court order in a case,

28

or by a local rule that includes

29

reasonable exceptions.

30

(ii)

(ii)

may

be

Conditions and Restrictions

31

on Access. A court may set

32

and

33

conditions and restrictions on

Preliminary Draft of Proposed Amendments to the Federal Rules
August 2026

enforce

reasonable

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FEDERAL RULES OF BANKRUPTCY PROCEDURE

3

34

unrepresented

35

access

36

electronic-filing

37

(including by denying or

38

revoking

39

particular

40

individual). But the court may

41

not prohibit all unrepresented

42

individuals from using the

43

system unless that prohibition

44

includes

45

exceptions

46

permits the use of another

47

electronic method for filing

48

papers

49

electronic notice of activity in

50

the case.

51

(C)

to

individuals’
the

court’s
system

access

for

a

unrepresented

reasonable
or

and

the

court

receiving

Signing. A filing made through a

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4

FEDERAL RULES OF BANKRUPTCY PROCEDURE

52

person’s an individual’s electronic-

53

filing account and authorized by that

54

person individual, together with the

55

person’s individual’s name on a

56

signature

57

person’s individual’s signature.
(D)

58

block,

constitutes

the

Same as a Written Paper. A paper

59

filed electronically is a written paper

60

for purposes of these rules, the

61

Federal Rules of Civil Procedure

62

made applicable by these rules, and

63

§ 107.

64
65

(b)

Sending Copies to the United States Trustee.
(1)

Papers Sent Electronically. All papers

66

required to be sent to the United States trustee

67

may be sent by using the court’s electronic-

68

filing system in accordance with Rule 9036,

69

unless a court order or local rule provides

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FEDERAL RULES OF BANKRUPTCY PROCEDURE

5

otherwise.

70

(2)

71

Papers Not Sent Electronically. If an entity

72

other than the clerk sends a paper to the

73

United States trustee without using the

74

court’s electronic-filing system, the entity

75

must promptly file a statement identifying the

76

paper and stating the manner by which and

77

the date it was sent. The clerk need not send

78

a copy of a paper to a United States trustee

79

who requests in writing that it not be sent.

80
81

(c)

When a Paper Is Erroneously Filed or Delivered.
(1)

Paper Intended for the Clerk. If a paper

82

intended to be filed with the clerk is

83

erroneously delivered to a person an entity

84

listed below, that person entity must note on

85

it the date of receipt and promptly send it to

86

the clerk:

87



the United States trustee;

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6

FEDERAL RULES OF BANKRUPTCY PROCEDURE

88



the trustee;

89



the trustee’s attorney;

90



a bankruptcy judge;

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

a district judge;

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

the clerk of the bankruptcy appellate
panel; or

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

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95

(2)

the clerk of the district court.

Paper Intended for the United States

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Trustee. If a paper intended for the United

97

States trustee is erroneously delivered to the

98

clerk or to another person entity listed in (1),

99

the clerk or that person entity must note on it

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the date of receipt and promptly send it to the

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United States trustee.

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(3)

Applicable Filing Date. In the interests of

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justice, the court may order that the original

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receipt date shown on a paper erroneously

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delivered under (1) or (2) be deemed the date

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106

it was filed with the clerk or sent to the United

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States trustee.

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Committee Note

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Rule 5005(a)(3)(B) is amended to address electronic
filing by unrepresented individuals. (Concurrent
amendments are made to Rules 8011 and 9036 and to Civil
Rule 5, Criminal Rule 49, and Appellate Rule 25.) The
amendments expand the availability of electronic modes by
which unrepresented individuals can file documents with the
court and receive notice of filings that others make in the
case. The amendments also conform to the terminology used
elsewhere in the Bankruptcy Rules by replacing “person”
with “entity” (when the intent is to encompass the broadest
possible range of actors) or with “individual” (when the
intent is to refer to a human being).

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Under amended Rule 5005(a)(3)(B)(i), the
presumption is the opposite of the presumption set by the
prior rule. That is, under the amended rule, unrepresented
individuals are presumptively authorized to use the court’s
electronic-filing system to file documents in their case. If a
court wishes to restrict unrepresented individuals’ access to
the court’s electronic-filing system, it must adopt an order or
local rule to impose that restriction.

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Amended Rule 5005(a)(3)(B)(ii) states that the court
may set reasonable conditions and restrictions on access by
unrepresented individuals to the court’s electronic-filing
system. For example, access to electronic filing could be
allowed only to unrepresented individuals who are not
incarcerated (in light of the distinctive logistical
considerations that apply in carceral settings), satisfactorily
complete required training and certifications, and comply

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August 2026

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with other reasonable conditions on access.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/federal_court_rules%3Aus-national%3Ab0799c6b886e330c. Public record. Not legal advice.
