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2013

Type: 
CM ECF FAQ
Answer: 

November/December 2013

  • New and Ammended Local Rules
    Effective October 1, 2013, amendments and additions were made to the District Court’s Local Rules. Specifically, Local Civil Rules 5.1, 5.4(b), 5.4(c)(1), 5.4(d), 5.4(e), 5.4(g), 7(m) and 7(n) were amended, Local Criminal Rule 49 was created, and Local Criminal Rule 49.1 was repealed. For details on the changes, please visit our website and click on the Changes to Local Rules.
  • New Procedure Re: Filing Sealed Documents in Non-Sealed Cases
    As part of the aforementioned Local Rules amendments, the Clerk’s Office is implementing a new procedure regarding the filing of sealed documents in both civil and criminal cases. Effective November 12, 2013, attorneys will be required to file sealed documents electronically in otherwise public/non-sealed cases using the ECF system. This procedure extends to a Motion for Leave to File a Document Under Seal; the motion will be filed by the attorney in ECF with the proposed sealed document attached as an exhibit to the motion. Please note, all sealed documents, including the Motion for Leave to File and accompanying Proposed Order, should be clearly marked as UNDER SEAL, and any subsequent redacted versions should be clearly marked as REDACTED. Attorneys should continue to submit sealed documents in completely sealed cases to the Clerk’s Office in paper and on disk.

    The Clerk’s Office has created and tested specific events in ECF to make this new procedure as simple to follow as possible, and we have produced detailed documentation for attorneys and their staff to help them with the process. Please review the instructions we have posted on our website before attempting to file a sealed document or Motion for Leave to File a Document Under Seal in a public case: E-filing SEALED Documents in UNSEALED Cases.

    There are a couple of small differences in the civil and criminal procedures, so please review both sets of instructions at your earliest convenience. If you have any questions or concerns about this new procedure, please call our Help Desks before attempting your first sealed filing: (202) 354-3190 (Civil), or (202) 354-3060 (Criminal).

  • General Reminders from the Clerk's Office
    1. Attorneys may check their bar statuses and dates of admission on our website: Bar Member/Attorney Information Lookup.
    2. Attorneys can also retrieve forgotten ECF passwords with our “Forgot Password” function: https://ecf.dcd.uscourts.gov/cgi-bin/PwReset.pl. New and reset passwords will be issued in 3-5 business days. If you have an emergency filing, please contact the Clerk’s Office (202-354-3120) and we will issue the password as soon as possible.
    3. Pursuant to Local Civil Rule 5.1, please be sure to keep your mailing address, email address, and telephone number up to date in the ECF system. You may do this by filing a Notice of Change of Address in your case, or update the information using the Utilities section in ECF.
    4. When filing sealed material in person, include one (1) original (with ink signature, not /s/), one (1) copy, and the PDF on a disk.
    5. You may make copy requests by fax at (202) 354-3524.
    6. Clerk’s Office hours are 9:00 a.m. to 4:00 p.m., EST.
    7. Please review the available tutorials on opening a new civil case before attempting to do so: Attorney Civil Case Opening Information.
    8. When opening a new case, remember to attach the summons to the complaint, add all parties in ALL CAPS, and the Disclosure of Corporate Affiliates and Financial Interests (Local Civil Rule 7.1) Certificate and Notice of Related Case should be filed as separate docket entries (not attached to the complaint).

September 2013

  • One Quick Case Opening Reminder
    As a reminder, please do not file new cases electronically in ECF when the complaint is accompanied by a motion for preliminary injunction and/or temporary restraining order (TRO). New cases involving injunctions or TROs should be submitted to the Clerk’s Office in paper with a PDF version on disk so that it may be processed and assigned to a judge as soon as possible.

July 2013

  • One Year Anniversary of Civil Case Opening
    It has been one year since the Clerk’s Office made civil case opening in ECF mandatory for attorneys and it was a work in progress for both our staff and our registered filers. Thank you for your continued diligence and patience throughout the process! While many of the kinks have been worked out, we do have just a few reminders of some of the most commonly made errors in the case opening process:
    1. DO NOT enter the address in ECF for any party you add to a case. Only the party name and party text are required when entering parties in a case. Addresses should only appear in the caption of the complaint document itself.
    2. DO NOT open a case in ECF if the complaint is accompanied by a motion for temporary restraining order. These cases need to be processed and assigned a judge immediately and therefore should be brought to the Clerk’s Office in paper, along with copies of all PDFs on disk.
    3. DO NOT open two cases/shells if you make a mistake in the first attempt. This creates more of a problem for the Clerk’s Office to remedy than any spelling error or incorrect data entry. No matter the error, commit to opening the case once and/or call the Clerk’s Office for further assistance.
  • Attorneys Can Now File Intervention and Amicus Motions
    Effective immediately, attorneys may file motions to intervene and motions for leave to file amicus curiae briefs directly in ECF. Previously, these types of motions were emailed to the Clerk’s Office so that a case administrator could add the new parties/movants to the case. After a year of mandatory civil case opening, filers should now be familiar with how to add new parties to a case and can file these types of motions themselves. As a reminder, SEARCH first before adding a new party to the system and party names should always be in ALL CAPS. In addition, the role type of each moving party should be changed to MOVANT (the party role will be changed to intervenor or amicus once the motion has been granted). Detailed instructions on this procedure are available on our website and should be reviewed before filing such motions: ECFCR

May 2013

  • Attorneys Can Now File Ammended Complaints and More!
    Beginning June 1, 2013, attorneys will be required to file amended complaints, as well as any crossclaims, counterclaims and third-party complaints that are filed separately from an answer. (Note: Answers that include crossclaims, counterclaims or third-party complaints should continue to be filed using the Answer to Complaints event). The new events Amended Complaint, Crossclaim, Counterclaim and Third Party Complaint are available under Complaints and Other Initiating Documents on the CIVIL menu in ECF. Detailed instructions on these new procedures are available on our website and should be reviewed before filing such documents: ECFCR
  • New Criminal Event Added!
    A new criminal event is now available for ECF users: Notice of Proposed Order. Similar to the civil version of this docket entry, it can be found on the Notices menu and should be used when a proposed order has been left off of a motion, or if the Court directs a proposed scheduling order (or similar) be filed. The proposed order must include the proper court heading, case caption and case number but does not need an attorney signature or cover page/notice.
  • New and Modified Local Rules Coming Soon
    The public comment period for some proposed new and modified Local Rules is over and these rules should be finalized and adopted sometime in the near future. Modifications will primarily focus on the form and filing of civil and criminal documents by electronic means, keeping in line with the long-time practices of the Clerk’s Office with regards to filing in ECF. In addition, rules will be added to govern the new procedure of electronically filing some types of sealed documents in otherwise unsealed civil and criminal cases. Further detailed information on these changes will be sent by email and available on our website when the new rules go into effect.

April 2013

  • New Case Opening Events Available in ECF
    Two new events have been added to ECF to aid attorneys in filing new civil cases: Civil Cover Sheet and Request for Summons to Issue. Both events can be found on the Complaints and Other Initiating Documents menu in ECF. Filers are required to attach the civil cover sheet (JS44) to the complaint or notice of removal docket entry. However, if it is forgotten, or if changes are required to the form after it’s been filed with the complaint/notice, filers should use the event Civil Cover Sheet to file it as a separate docket entry. Similarly, if a summons is not included as an attachment to the complaint docket entry, or if any corrections to a summons need to be made, filers should use the event Request for Summons to Issue to submit the summons any time after the complaint has been filed.
  • New and Modified Local Rules Coming Soon
    Some proposed new and modified Local Rules are currently out for public comment and should be finalized and adopted sometime in May. Modifications will primarily focus on the form and filing of civil and criminal documents by electronic means, keeping in line with the long-time practices of the Clerk’s Office with regards to filing in ECF. In addition, rules will be added to govern the new procedure of electronically filing some types of sealed documents in otherwise unsealed civil and criminal cases. Further detailed information on these changes will be sent by email and available on our website when the new rules go into effect.
  • ECF 6.1 Coming in May
    Version 6.1 of ECF is scheduled to be uploaded by May. This may be the final version of ECF before the “Next Generation” of ECF becomes available in 2014. There are two noteworthy changes for PACER users:

    Mobile Query:
    The mobile PACER Case Locator (PCL) provided by the PACER ServiceCenter is now linked to the District CM/ECF application. Users can access the mobile query via the Mobile Query link on the Query selection criteria page, from a case link from PACER's mobile PACER Case Locator, or through the Mobile Query link on the Query results page. The mobile query interface offers a simplified user experience optimized for display on mobile devices. It incorporates the following functions:

    • Search interface
    • Party selection from party name search result list
    • Case selection from case search result list based on case or party name search
    • Attorney information for selected case
    • Party information for selected case
    • Deadlines/Hearings for selected case
    • Docket entries for selected case
    • PACER login

    RSS Feed:
    The RSS feed software included with CM/ECF has been changed to report all activity for the last 24-hour period, regardless of the number of records. This information is pulled once per hour and synchronizes the RSS response times between District, Appellate, and Bankruptcy.

  • Reminder of Fee Increase Begninning May 1st
    Effective May 1, 2013, a $50.00 administrative fee will be added to the cost of filing a civil action, increasing the total cost of filing a new civil case to $400.00. This fee does not apply to persons granted in forma pauperis status under 28 U.S.C. Section 1915.

March 2013

  • Filing Fee Increase Coming Soon
    Effective May 1, 2013, a $50.00 administrative fee will be added to the cost of filing a civil action, suit or proceeding in a district court, increasing the total cost of filing a new civil case to $400.00. This fee does not apply to persons granted in forma pauperis status under 28 U.S.C. Section 1915. A reminder of the fee increase will be sent out to all registered ECF users in mid-April.
  • Do Not Email Sealed Documents
    Counsel is reminded to please refrain from emailing any sealed materials to the court. Pursuant to Local Rule 5.1(j), sealed documents must be submitted to the Clerk securely sealed in an envelope marked with the case number and the notation DOCUMENT UNDER SEAL, FILED UNDER SEAL, or equivalent. In addition, sealed materials must be submitted to the Clerk’s Office during the business hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, and should not be left in any overnight drop box.
  • Reminders Re: Civil Case Opening
    Please note the following reminders when opening a new civil case in ECF:
    1. Only civil cases initiated by a complaint, notice of removal or petition to confirm/vacate arbitration award should be opened electronically (by active members of the bar of this court). Do not open a miscellaneous case in ECF.
    2. If you open a shell of a case, continue with filing the complaint/petition or notice of removal. Do not open two shells for the same complaint. If you make a mistake, call the Clerk’s Office and we can make corrections.
    3. When entering party names, be sure to SEARCH first. Do not create a duplicate of a party name that already exists in our database. In addition, remember to use ALL CAPS, drop the words “the,” “an” and “a” from the front of the name, and do not enter an address for any party
    4. Attach your completed civil cover sheet (JS44) to the complaint/petition or notice of removal docket entry. Do not file it as a separate docket entry unless it was mistakenly left off the initiating docket entry.
    5. Complaints accompanied by an emergency motion (i.e., Motion for Temporary Restraining Order), and/or motions relating to sealed or protected information (i.e., Motion to File Under Seal, Motion to Proceed Under a Pseudonym, etc.), must be brought into the Clerk’s Office in paper with a copy on CD. Do not file these types of cases electronically.

January 2013

  • Retirement of Joe Burgess
    After an amazing 40 years with the Clerk’s Office, ECF Coordinator Joe Burgess retired at the end of December. Joe served in many capacities during his tenure, but perhaps most notable was his role in the transition to electronic case filing and launching of ECF in our district back in 2001. His knowledge and expertise was essential in providing excellent training and aid to attorneys, judges and staff over the past 12 years. The Clerk’s Office congratulates Joe on his 40 years of service and wishes him the best in his retirement! Tiffany (Reed) Gough worked with Joe for two years and has succeeded him as ECF Coordinator; she can be reached at (202) 354-3064.
  • ECF Version 6.0 Coming Soon
    In late February, the Clerk’s Office will launch the latest installment of ECF, version 6.0. Some new features of this version include:
    1. Attorneys can no longer add themselves as representing an opposing party by mistake. For example, an attorney for the plaintiff cannot add himself as an attorney for the defendant. If a terminated or new attorney selects parties from the opposing side, the application will display a pop-up message, the selected parties will be deselected, and the system will not advance to the next screen.
    2. PACER users are sometimes not aware that name and case searches (by filed date or last entry date) are not subject to the 30 page billing cap, and such searches generally return a significant amount of data, resulting in substantial charges. The following new message appears on the Query selection criteria screen for attorney and PACER users: WARNING: Search results from this screen are NOT subject to the 30 page limit on PACER charges. Please be as specific as possible with your search criteria.
    3. The Query selection screen now includes an Exact Matches Only checkbox beside the Last/Business Name field. If this option is checked, the results include only exact matches to the search string entered in the field.
    4. If an attorney has an inactive email address, the label (Inactive) now appears beside the email address on the docket sheet.
    5. Two new links allow PACER users to access other courts and the PACER Case Locator from within ECF. The Links to Other Courts menu item points to a court links page on the PACER Service Center website, so PACER users can more easily navigate from one court to another without having to access the PACER Service Center website outside of ECF. The PACER Case Locator (National Index) menu item also points to the PACER Case Locator on the PACER Service Center website.
Type: 
ECF