introducing cm ecf case management electronic case filing february 2005

Introducing

CM ECFCase Management Electronic Case Filing

February 2005

Current Court Filing Flow

Current Court Document Retrieval

ECF Filing Flow

ECF Document Retrieval

Click to see the docket

Click to see the document

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

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.

The Basics

PDF ConversionPACER

E Mail NoticingPrivacy Protection

PDF Conversion

Opening the Word Processing document --

Looking at the Word Processing document --

Print (save) in PDF format (Portable Document Format) --

View document in PDF format

Recommendation.doc

Recommendation.pdf

PDF Software• PDF Viewing

– Adobe Acrobat Reader – freehttp://www.adobe.com/products/acrobat/readstep2.html

• PDF Creation– Adobe Acrobat Standard/Pro

http://www.adobe.com/products/acrobat/main.html – Cute PDF Writer/Cute PDF Plus

http://www.acrosoftware.com/Products/CutePDF/

– pdfFactory/pdfFactory Prohttp://www.softwarelabs.com/pdf/pdffactory.htm

PDF Creator Comparison

50 page text documentconverted

Resulting size in KB

Adobe Acrobat 5.0 94

Cute PDF (free download) 156

WordPerfect 179

pdfFactory 151

Scan existing document to PDF format

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

PACER Public Access to Court Electronic Records

http://pacer.utd.uscourts.gov/

Register on linehttp://pacer.psc.uscourts.gov/register.html

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.

Privacy and Public Access to Electronic Case Files

Issues:

• Is an electronic file different than a paper file?

• What protections are appropriate?

• Privacy vs. Access

Privacy Policy

•dates of birth, •financial account numbers,* •minor’s names•home addresses beyond city/state infoAny case or document may be sealed for privacy reasonsFiler must redact!

*last four digits may be shown if relevant

Redact •social security numbers,*

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.

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

Dual Monitor SystemsOperating systems since Windows 98 handle

dual monitors

Use File System Index Features

Use File System Linking

PDF Enhancements

• Table of Contents

• Thumbnails

• Hyperlinks

• Embedded Files

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.

Federal Rules of Civil Procedure and

Proposed Amendments to Utah Local Rules

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. .

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 court’s transmission facilities.

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.

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.

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)

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 court’s 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.


• 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.


• 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 court’s electronic filing system must conform to the ECF Procedures.

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