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Do I need to register before I can file through appellate CM/ECF?
Yes. You must register through CM/ECF, and the court must approve you as a filer. You need to register for each circuit in which you wish to file. Click here for more information.
I tried to file a document, but it says "format not recognized." What am I doing wrong?
You may have either saved the document as something other than a PDF, or you did not provide the full file path name. All documents must be saved and submitted as a PDF, with an extension of ".pdf." In addition, be sure to provide the full path name when identifying the file during the upload process (e.g., C:somedirectorydocumentsmotion.pdf).
Are there procedural rules relating to electronic filing?
Rule 5(e) of the Federal Rules of Civil Procedure, Rule 5005(a) of the Federal Rules of Bankruptcy Procedure, Rule 25(a) of the Federal Rules of Appellate Procedure, and Rule 49(d) of the Federal Rules of Criminal Procedure authorize individual courts by local rule to permit papers to be filed by electronic means. Amendments to Rules 5(b), 6(e) and 77 of the Federal Rules of Civil Procedure, Rules 45 and 49 of the Federal Rules of Criminal Procedure, Rules 25 and 26 of the Federal Rules of Appellate Procedure, and Rules 7005, 9006, 9014 and 9022 of the Federal Rules of Bankruptcy Procedure, authorize service of documents by electronic means if parties consent. The amendments do not apply to service of process.
Most courts have issued an authorizing local rule; most have supplemented the local rule with a general order and/or procedures that set forth the relevant electronic filing practices in that court. Our 6th Amended Order Electronic Case Filing is located HERE.
When a user files a pleading, does the system automatically serve the other parties or does the user have to do something extra to serve the others? And do the other parties just get notification of a filing, or do they get the actual document?
When a document is filed in CM/ECF, a notice of electronic filing (NEF, for district and bankruptcy courts) or notice of docket activity (NDA, for appellate courts) is automatically generated and emailed to the registered parties in the case. The NEF and NDA include the text of the docket entry, the unique electronic document stamp, a list of the case participants receiving email notification of the filing, and a hyperlink to the document(s) filed. Most recipients will receive one free look at the document when they click on the document number link.
How will signature of documents be handled for documents filed electronically?
Currently, this is a matter for local court rule or order. All courts using electronic filing treat the use of an attorneys unique system login and password as a signature. Most courts require that attorneys retain copies of certain paper documents, such as affidavits or bankruptcy petitions, containing original signatures of third parties, for a set period of time.
What kind of archiving system does CM/ECF have?
The Administrative Office of the United States is currently working on archiving standards that meet the guidelines of the National Archiving and Records Administration. Currently the open and closed cases will reside on the CM/ECF server.
What is the cases report (in District and Bankruptcy court CM/ECF) and how do I use it?
The cases report displays summary data for a range of cases. It can be used to produce a list of open or closed cases between a date range. For example, it can produce a list of cases filed or discharged. In addition, there are a number of options to help limit the results.
The cases report can be found under the Reports menu option in CM/ECF. The report is NOT subject to the 30-page limit on PACER charges, so users should use caution when running the report.
How do we know who is participating electronically on a case?
The notice of electronic filing (NEF for district and bankruptcy courts) or notice of docket activity (NDA for appellate courts) that is emailed to the registered parties in the case, lists the parties and their preferred method of receiving the notice.
Why can't I see PDF documents that have been filed in criminal or social security/immigration cases through the notice of electronic filing (NEF) email or certain cases through the notice of docket activity (NDA)?
Access to the PDF document may be restricted in the following instances:
- Only the attorney of record in certain types of cases (e.g., Social Security, Immigration) may view PDF documents remotely;
- In district courts, you should be able to view all criminal documents except those under seal through the NEF. However, most criminal case documents filed in district court prior to November 1, 2004, may be viewed only by the attorney of record.
I made a mistake and want to delete or edit my filing. How can I do this?
You cannot delete or edit filings after they have been submitted through CM/ECF. If you made an error (filed in the wrong case, submitted the wrong version of a document, etc.) contact the clerk's office.