Introducing CM ECF

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Introducing CM ECF

• Case Management Electronic Case Filing
• February 2005

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Current Court Filing Flow
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Current Court Document Retrieval
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ECF Filing Flow
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ECF Document Retrieval
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Click to see the docket
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Click to see the document
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Basic Steps in ECF

• Login
• Choose a transaction
• Identify the case
• Provide basic cover information
• Attach converted document
• Word processing ---- PDF
• Receive notification
• Retrieve document

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Support Options

• Most technical problems are in the law firm
  workstation or network so office MIS staff is
  first line of support.
• The court will train an-house CM/ECF expert.
• Court web site has significant information.
• PACER telephone tech support.
• Local court helpdesk, email or phone support.

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The BasicsPDF ConversionPACERE Mail
NoticingPrivacy Protection
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PDF Conversion
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Opening the Word Processing document --
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Looking at the Word Processing document --
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Print (save) in PDF format (Portable Document
Format) --
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View document in PDF format
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Recommendation.doc
Recommendation.pdf
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PDF Software

• PDF Viewing
• Adobe Acrobat Reader freehttp//www.adobe.com/p
  roducts/acrobat/readstep2.html
• PDF Creation
• Adobe Acrobat Standard/Prohttp//www.adobe.com/pr
  oducts/acrobat/main.html
• Cute PDF Writer/Cute PDF Plushttp//www.acrosoftw
  are.com/Products/CutePDF/
• pdfFactory/pdfFactory Prohttp//www.softwarelabs.
  com/pdf/pdffactory.htm

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PDF Creator Comparison
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Scan existing document to PDF format
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Scanning Tips

• Multiple sheet feed
• Scan as little as possible

50 page text document File size KB
PDF output from word processor 94-179 Kb
Scanned 1157-2172 Kb
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PACER Public Access to Court Electronic Records

• http//pacer.utd.uscourts.gov/
• Register on linehttp//pacer.psc.uscourts.gov/reg
  ister.html

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E Mail Noticing

• Currently E-mail enclosing document
• Under CM ECF Notice of Electronic Filing with
  link to document and free look and e-mail
  service of discovery items which are not filed
• 80 of federal notices go out by e-mail.

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Privacy and Public Access to Electronic Case Files
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Issues

• Is an electronic file different than a paper
  file?
• What protections are appropriate?
• Privacy vs. Access

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Privacy Policy

• Redact
• social security numbers,

• dates of birth,
• financial account numbers,
• minors names
• home addresses beyond city/state info
• Any case or document may be sealed for privacy
  reasons
• Filer must redact!

last four digits may be shown if relevant
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Preparation Checklist

• ? Learn to use a keyboard, mouse, web browser and
  e mail.
• ? Sign up for PACER.
• ? Sign up for e-notice.
• ? Take the on-line CM ECF Training.
• ? Take the live CM ECF training.
• ? Register as a CM ECF user.
• ? Use CM ECF.

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Electronic Filing Best Practices

• Email and File System Management
• Deep Training and Expertise
• Privacy and Rapidity Controls
• Dual Monitors
• Tables of Contents in File System
• Linking in File System
• Advanced PDF Features - Tables of Contents,
  Bookmarks, Thumbnails, Hyperlinks in Documents

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Dual Monitor Systems

• Operating systems since Windows 98 handle dual
  monitors

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Use File System Index Features
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Use File System Linking
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PDF Enhancements

• Table of Contents
• Thumbnails
• Hyperlinks
• Embedded Files

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Advanced Preparation Checklist

• ? Acquire software and learn to convert word
  processing documents to pdf format.
• ? Acquire a scanner and learn to convert existing
  documents to pdf format.
• ? Decide how to manage e mail notices of
  electronic filing, and the files created in your
  office and received by your office.
• ? Get a dual monitor system
• ? Take advanced CM ECF Training.
• ? Become a CM ECF Trainer for your firm.

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Federal Rules of Civil Procedure and Proposed
Amendments to Utah Local Rules
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Filing - Fed. R. Civ. P. 5(e)

• (e) Filing with the Court Defined.
• . . . A court may by local rule permit papers to
  be filed, signed, or verified by electronic means
  that are consistent with technical standards, if
  any, which the Judicial Conference of the United
  States establishes.  A paper filed by electronic
  means in compliance with a local rule constitutes
  a written paper for the purpose of applying these
  rules. .

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Service - Fed. R. Civ. P. 5(b)(2)(D)

• (2) Service under Rule 5(a) is made by
• (D) Delivering a copy by any other means,
  including electronic means, consented to in
  writing by the person served. Service by
  electronic means is complete on transmission
  service by other consented means is complete when
  the person making service delivers the copy to
  the agency designated to make delivery. If
  authorized by local rule, a party may make
  service under this subparagraph (D) through the
  courts transmission facilities.

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Service - Fed. R. Civ. P. 5(b)(3)

• (3) Service by electronic means under Rule
  5(b)(2)(D) is not effective if the party making
  service learns that the attempted service did not
  reach the person to be served.

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Time - Fed. R. Civ. P. 6(e)

• (e) Additional Time After Service under Rule
  5(b)(2)(B), (C), or (D).
• Whenever a party has the right or is required to
  do some act or take some proceedings within a
  prescribed period after the service of a notice
  or other paper upon the party and the notice or
  paper is served upon the party under Rule
  5(b)(2)(B), (C), or (D), 3 days shall be added to
  the prescribed period.

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Amendments to Utah Local Rules

• Committee preliminary approval June 2004
• Comment period July 12 - August 20, 2004
• Committee final approval October 13, 2004
• Court adoption January 28, 2005
• Filing (Rule 5)
• Service (Rule 7)
• Format (Rule 10)

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Amendments to Utah Local Rule 5

• DUCivR 5-1 FILING OF PAPERS
• (a) Electronic Filing Permitted. Papers may be
  filed, signed, and verified by electronic means
  consistent with the administrative procedures
  (ECF Procedures) adopted by the court to govern
  the courts electronic case filing system. A
  paper filed by electronic means in compliance
  with the ECF Procedures constitutes a written
  paper for the purpose of applying these rules.

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Amendments to Utah Local Rule 7

• DUCivR 7-1 MOTIONS AND MEMORANDA
• (a) Motions. The original and a copy of aAll
  motions must be filed with the clerk of court, or
  presented to the court during proceedings, except
  as otherwise provided in this rule and in DUCivR
  5-1. Copies shall be provided as required by
  DUCivR 5-1.

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Amendments to Utah Local Rule 10

• DUCivR 10-1 GENERAL FORMAT OF PAPERS
• (a)Form of Pleadings and Other Papers. Except as
  otherwise permitted by the court or a magistrate
  judge for institutionalized persons, the original
  of all pleadings, motions, and other papers
• (1) presented for filing in person or by mail
  must be on 8 ½ x 11 inch white paper of good
  quality, with a top margin of not less than 1½
  inch, all other margins of not less than 1 inch,
  and impression only on one side of the paper.
  Such originals must be two-hole drilled at the
  top of each page, and must be flat and unfolded,
  and must be plainly typewritten or printed. or
• (2) transmitted for filing through the courts
  electronic filing system must conform to the ECF
  Procedures.

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• http//www.uscourts.gov/cmecf/cmecf.html