Case Management/Electronic Case Filing Frequently Asked Questions
1. What is the Case Management/Electronic Case Files (CM/ECF)?
2. What are the benefits and features of using CM/ECF?
3. Can any member of the public use CM/ECF to file documents with the court?
4. Can the general public view CM/ECF cases and the documents in those cases?
5. Since access is limited to authorized attorneys, is there any way for pro se filers or attorneys without Internet access to file documents in CM/ECF cases?
6. What hardware/software is needed on the attorney's end to use CM/ECF?
7. What is PDF?
8. How is payment of filing fees handled for CM/ECF cases?
9. How is the requirement of an original signature (attorney and/or debtor) handled for CM/ECF cases?
10. Can an attorney add new attorneys to the database?
11. Can an attorney authorize someone in their office (such as a paralegal) to use their login name and password to file documents in CM/ECF?
12. How long will it take to transmit lengthy documents?
13. What happens if a document is filed in error?
14. What about court generated documents that require certification?
1. What is the Case Management/Electronic Case Filing (CM/ECF)?
CM/ECF is an electronic system that allows attorneys to file petitions and other electronic documents with designated United States courts through the Internet by using a standard web browser. In addition, it allows court personnel to manage the case electronically.
The result is a completely electronic "case file" that does not have any papers associated with it at the court. Therefore, all case information is available for examination electronically through the Internet.
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2. What are the benefits and features of using CM/ECF?
There are a number of significant benefits and features for courts, attorneys, and the public:
Registered attorneys are able to file documents with the court 24-hours per day, 7 days per week.
Full case information is available to attorneys, parties, and the general public through the Internet. This includes the ability to view the full text of all filed documents.
Attorneys filing over the Internet automatically create docket entries.
Attorneys on the system can receive notices electronically in CM/ECF cases, thus saving the cost to both the court and attorneys of handling and mailing paper notices. It also greatly speeds delivery and allows easier tracking of case activity.
Since the project uses Internet standard software, the out-of-pocket cost of participation for attorneys is typically very low.
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3. Can any member of the public use CM/ECF to file documents with a court?
No. Access to CM/ECF is available to authorized attorneys, trustees, and on a limited basis to high volume creditors.
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4. Can the general public view CM/ECF cases and the documents in those cases?
Access to view cases and documents in CM/ECF is available to anyone with a PACER login and password. PACER offers convenient electronic access to case file documents, listing of all case parties, reports of case related information, chronologies of events entered in the case record, claim registries, listing of new cases, judgments or case status, and a calendar of events.
To defray the costs of PACER and CM/ECF, the Judicial Conference has set a fee of 8-cents per page or a $2.40 maximum charge per document for electronic court data via the internet, except for calendar information, for which there is no charge. All fees are set by the Judicial Conference of the United States and subject to change. Parties entitled to documents as part of the legal process receive a free electronic copy, although they will be charged for replacement copies, whether in paper or electronic form.
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5. Since access is limited to authorized attorneys, is there any way for pro se filers or attorneys without Internet access to file documents in CM/ECF cases?
Yes. The court still accepts paper filing then dockets the image in the CM/ECF system.
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6. What hardware/software is needed on the attorney's end to use CM/ECF?
The Court recommends the following hardware and software to electronically file, view, and retrieve documents in the electronic filing system:
Pentium III 800MHz PC or better running Windows 9x/NT/2000/XP or Macintosh with a minimum of 128MB of RAM.
Internet Explorer 5.5 or Netscape browser version 4.7x, 4.8. (Note: Netscape 6.x and 7.x are not yet compatible with ECF.)
Portable Document Format (PDF) Reader version 4.0 or later is available for download at www.adobe.com.
Word Processing and/or petition software.
Software to convert documents to Portable Document Format (PDF), such as Adobe Acrobat Writer 4.0 or higher.
DSL or cable-modem through an Internet service provider.
A document scanner will be needed for imaging documents that do not exist in electronic format.
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7. What is PDF?
PDF or Portable Document Format preserves the exact look and content of the original file, complete with fonts and graphics, and can be universal view. All documents filed in CM/ECF must be in PDF format. There are many software packages on the market today that will enable users to convert their Word Processing documents to a .pdf file. To view a .pdf file, or print a free reader is available for download from www.adobe.com.
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8. How is payment of filing fees handled for CM/ECF cases?
Attorneys that file documents on-line that require a filing fee will be prompted at the end of their transaction to pay fees using a credit card. Filers can chose to pay after every transaction or can simply make one payment at the end of the day for all transactions.
To pay, the filer will be electronically connected to the U.S. Treasury site where they will be prompted for card type, card number and expiration date.
Obtain a sufficient credit limit on the card. Communicate with the credit card company and tell the company what you are doing and how you will be using the credit card. Most credit card companies are willing to work with you on obtaining a higher limit for this usage.
Obtain a credit card that you can track your balance/limit over the Internet.
For bookkeeping purposes, use the card solely for court costs. Since filing fees have to be paid through trust accounts, having all filing fees paid through this credit card, one check can be cut from the trust account to pay for all filing fees for the month.
Establish a credit card through a bank that you deal with regularly.
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9. How is the requirement of an original signature (attorney and/or debtor) handled for CM/ECF cases?
There are two distinct issues: attorney signatures and debtor signatures.
When registering to use the system, attorneys sign an agreement to the effect that use of their login name and password (whether by themselves personally or by delegation to another person in their office) constitutes their signatures on the documents electronically filed. The electronically filed document will indicate a signature e.q. "s/Attorney Name" wherever a signature is needed.
For documents that must be signed by the debtor (such as petitions, lists, schedules, statements, etc.), originally executed paper copies must be kept. The Court is currently reviewing rules to determine what signatures need to be kept, how long, and by whom. The electronically filed document will indicate a signature, e.g. "s/ Jane Doe"
For more information on this topic see, the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means (PDF).
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10. Can an attorney add new attorneys to the database?
No. Only court staff with appropriate permissions may add attorneys to the database as system users. However, it is possible for an attorney to add another attorney to a case, and to the database, during case opening. The new attorney would NOT have filing privileges. In order to obtain those privileges, the attorney must make the proper application to the court to obtain a login and password.
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11. Can an attorney authorize someone in the attorney's office (such as a paralegal) to use the attorney's login name and password to file documents in CM/ECF?
Yes, but the court recommends that such access be very limited and controlled. Anything that is filed under the attorney's login and password is deemed to have the attorney's signature on it.
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12. How long will it take to transmit lengthy documents?
The time it takes to transmit a document primarily depends on the user's Internet Service Provider (ISP), modem speed, and the size of PDF file being transmitted. Generally, the larger the file, the longer it will take to load.
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13. What happens if a document is filed in error?
Most errors will be immediately advertised through the real time electronic notices and access to the docket report; making deletions of entries to the docket or associated .pdf document is very rare. CM/ECF allows court personnel to edit errors made in the docket entry. Besides making the appropriate corrections, the court may need to ask participants to submit amended pleadings. Instances that affect calendar entries and noticing will need to be refiled by the user or docketed by the Court.
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14. What about court generated documents that require certification?
On request, a copy of the document can be printed with the certification or seal in the traditional manner, however, there is a fee of $9.00 per certification, plus a copy fee (All fees are set by the Judicial Confernce of the United States and subject to change.
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