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ECF Essentials Newsletter
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2016
NATURE OF SUIT – 890 OTHER STATUTORY ACTION:
The Clerk’s Office would like to remind attorneys filing a new civil case that the Nature of Suit, 890-Other Statutory Action, should only be selected if there is no other Nature of Suit that applies to the Cause of Action the case is being filed under. Please always select the most appropriate Nature of Suit whenever possible.ATTORNEY RENEWAL PROJECT:
This summer, the Clerk’s Office undertook its annual attorney renewal project. Pursuant to Local Rule 83.9, attorney membership is to be renewed every three years. If an attorney was alerted that their membership lapsed and has not yet taken steps to renew it, the attorney’s status has been changed to provisional, inactive, or government-not certified. Consequently, they shall not be permitted to practice before this court until restored as a member in good standing. For instructions on how to renew membership, please visit our website: http://www.dcd.uscourts.gov/attorney-admissions-and-renewal-informationPDF SIZE INCREASED:
The maximum allowable size for PDFs uploaded to the ECF system has been increased to 35MB per file. This will allow for more successful uploading of larger documents without the need to break them up into smaller files or additional docket entries. As a reminder, all documents should still be scanned in black and white and at 300 dpi, for long-term archival purposes.GENERAL FILING REMINDERS:
Please note the following reminders before filing your next pleading:- Pleadings should NEVER be submitted in the form of a letter/correspondence to the judge. All documents must be properly formatted in compliance with Local Rule 5.1(d) or it will be entered in error.
- All documents MUST contain a case caption and case number on the first page, or a Notice of Filing/cover page with same. This includes certificates of service and any exhibits that may be filed as separate docket entries.
- Be sure to properly link your docket entry to any previous docket entry or entries to which it relates when prompted.
- When filing a combined pleading (e.g., a motion and opposition, opposition and reply, status report and motion, etc.), it must be filed as a separate docket entry for each component of the pleading (i.e., first as a motion, then again as an opposition). If the document has lengthy or numerous exhibits, it is acceptable to only attach them to one of the two docket entries.
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2015
Spring 2015
- 2015 Attorney Renewal Project
The Clerk’s Office is undertaking its yearly attorney renewal project this summer. Pursuant to Local Civil Rule 83.9(a), “each member of the Bar of this Court shall renew his or her membership every three years.” Attorneys whose admission to our Bar has lapsed were notified in May and the deadline to renew will be July 1st. The fee to renew admissions is $25.00 (LCvR 83.9(b)) and can be paid and processed electronically in ECF using the miscellaneous case 15mc9999. Details for this procedure will be included in your notification email, and you can also refer to our website for further information: Attorney Admissions and Renewal Information - Clearly Marked Seal Documents
As an important reminder, please be sure to clearly label any sealed or proposed sealed documents that are filed electronically in partially sealed cases as UNDER SEAL or FILED UNDER SEAL (or similar) before filing them in ECF. It should be clear by looking at the face of the document that it is sealed. Ideally, the sealed notation should be made under or near the case number in the caption of the document. - Party Names and Role Types
As another reminder, new parties entered into our database when a civil case is opened must be entered in ALL CAPITAL LETTERS, not upper and lowercase. Also, it is imperative that you search the party database first to see if the name already exists, before creating a duplicate party. Lastly, please be sure to assign the proper role type to each party (i.e., plaintiff, defendant, etc.). In particular, proposed Amicus Curiae and Intervenor parties should be added as a MOVANT in the case until their motion for leave to file or intervene is granted. If you have questions on how to add a party to a case, please contact our ECF Help Desk at (202) 354-3190. - Fillable PDF Forms
Please note, any online PDF forms in which text is entered into fillable text fields (i.e., Notice of Appearance form, Civil Cover Sheet, etc.), must be printed to a new PDF before it is attached to a docket entry in ECF. Merely saving the document will leave the text fields fillable and able to be altered. Printing the form to a new PDF will fix the text fields in place, as required by the Clerk’s Office. - New Events Available
Several new events have been created in ECF recently, including Amended Crossclaim, Amended Counterclaim, and Amended Third-Party Complaint. These events should only be used when filing an amended crossclaim, counterclaim or third-party complaint when it is filed by itself and not as part of an answer. All of these new events can be found under Complaints and Other Initiating Documents on the CIVIL docketing menu in ECF. - The Next Generation of ECF
The Administrative Office of the U.S. Courts will be rolling out a new version of ECF this year, called NextGen 1.1. The transition will be an extensive undertaking and it will be several months before the U.S. District Court for the District of Columbia goes live with the new software, but we wanted to highlight some of the new features that are forthcoming and alert you that there will be new training opportunities and tutorials available in the future.For three years, groups of judges, chambers staff, and court staff developed more than 400 requirements for NextGen, while other stakeholders provided input as well. The goals of NextGen are:
- greater integration among the district, bankruptcy, and appellate systems
- shared data with other Judiciary electronic systems
- more streamlined processes
- greater consistency in user experience
- greater efficiency by using new tools and technology
The biggest feature that will affect external users is Central Sign-On, which will allow users of the case management system to maintain one account across all courts (appellate, bankruptcy, and district) and to sign in one time to access all the courts in which they have permission to e-file. Each user will be identified with the appropriate level of access in each court in which they are allowed to file or view documents. The PACER Service Center will support outside user requests for attorney admissions and e-filing recognition from various courts. Courts will be responsible for admitting attorneys and assigning e-filing permissions to users.
You can see more about what to expect with ECF NextGen on PACER: https://www.pacer.gov/nextgen/. And keep an eye out for more information from our court in the coming months.
- 2015 Attorney Renewal Project
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2014
Fall 2014
- The Next Generation of ECF
The Administrative Office of the U.S. Courts will be rolling out a new version of ECF in 2015, called NextGen 1.1. The transition will be an extensive undertaking and it will be many months before the U.S. District Court for the District of Columbia goes live with the new software, but we wanted to highlight some of the new features that are forthcoming and alert you that there will be new training opportunities and tutorials available in the future.For three years, groups of judges, chambers staff, and court staff developed more than 400 requirements for NextGen, while other stakeholders provided input as well. The goals of NextGen are:
- greater integration among the district, bankruptcy, and appellate systems
- shared data with other Judiciary electronic systems
- more streamlined processes
- greater consistency in user experience
- greater efficiency by using new tools and technology
The biggest feature that will affect external users is Central Sign-On, which will allow users of the case management system to maintain one account across all courts (appellate, bankruptcy, and district) and to sign in one time to access all the courts in which they have permission to e-file. Each user will be identified with the appropriate level of access in each court in which they are allowed to file or view documents. The PACER Service Center will support outside user requests for attorney admissions and e-filing recognition from various courts. Courts will be responsible for admitting attorneys and assigning e-filing permissions to users.
You can see more about what to expect with ECF NextGen on PACER: https://www.pacer.gov/nextgen/. And keep an eye out for more information from our court coming up in 2015.
- New Case Filing Reminders
Attorneys are reminded of the following when filing new civil cases:- When a complaint is accompanied by a Motion for Temporary Restraining Order (TRO), both the complaint and the TRO should be submitted in paper to the Clerk's Office and not filed electronically in ECF.
- Complaints accompanied by a Motion for Preliminary Injunction (PI) can be filed electronically. However, if the PI motion also includes a request for TRO, then it and the complaint must be submitted in paper to the Clerk’s Office and not filed electronically in ECF.
- The first filing by or on behalf of a party (i.e., the complaint) must have in the caption the name and full residence address of the party, pursuant to Local Rule 5.1(c). In addition, the caption of a Notice of Removal should match the DC Superior Court case, address(es) included.
- While addresses of parties should be included in the caption of the complaint, addresses should not be added to the docket or a party in our database when opening a new civil case.
Summer 2014
- Ammendments to Local Rules
In addition to amended Local Rules that went into effect last fall (October 2013), several additional rules have been modified in June. In particular, Local Civil Rules 83.2(d) and 83.8(a), and Local Criminal Rules 44.1(d) and 57.21(a), which deal with Practice by Attorneys and Admission to the Bar, have been amended. For details of these changes and the most up to date practices of our Court, please review the Local Rules posted on our website: Local Rules. - New Filing Fee for Pro Hac Vice Appearance
Effective June 12, 2014, the Court amended the Local Rules for both civil and criminal cases to now require a $100.00 filing fee for a Motion to Appear Pro Hac Vice. The docket entry includes the ability to pay with a credit/debit card or electronic bank account withdrawal via pay.gov, similar to the process of paying new civil case and appeal filing fees. Please be sure to use the correct event in ECF – Appear Pro Hac Vice on the Motions menu – to properly file and pay the filing fee for such motions. - Reminder ... Amended Complaints
When filing an Amended Complaint in ECF, remember to add any new parties to the case, whether they are plaintiffs or defendants. Do not select “all defendants” as the party the complaint is being filed against. It is the attorney’s responsibility to correctly add new parties to the case when applicable. The Clerk’s Office will follow up and terminate any parties that may no longer be involved in the complaint. For a refresher on how to file an Amended Complaint and/or add new parties to a case, please visit our website: ECFCR
January 2014
- New To Our Bar or Not a Regular Filer?
If you are new to our court’s bar or do not file in our court on a regular basis, we urge you to please take a moment to review our documentation on opening a new civil case before attempting to do so. A number of errors continue to be made, most often by first-time filers. For tutorials, step-by-step instructions and other information, please visit our website at: http://www.dcd.uscourts.gov/dcd/AttyCivilCaseOpeningInfo. Some of the most commons errors still being made during civil case opening include:- Not adding all parties to the case and/or not using ALL CAPS.
- Not adding party text to a party where applicable
- Not searching the party database first before creating/adding a duplicate party that is already in the system
- Adding addresses for a party (addresses are required to appear in the caption of the complaint only, NOT on the docket of the case)
- Opening multiple case shells when a mistake is made (instead of calling the Clerk’s Office)
- Filing the complaint more than once
- Filing the Related Case Form and/or Local Rule 7.1 Certificate of Disclosure as attachments to the complaint, rather than separate docket entries
- Bypassing or answering “no” to the requirement to pay the filing fee when the fee should actually be paid. Unless you are filing a complaint on behalf of the government, you MUST pay the $400.00 filing fee upon opening your case (via pay.gov). Failure to pay the fee may result in the dismissal of your case.
- Reminder ... What Not to File
As a reminder, miscellaneous cases are NOT to be filed electronically in ECF; they must be brought to the Clerk’s Office to be processed over the counter. In addition, though most civil complaints are required to be filed electronically in ECF, there are a number of instances where the complaint should be brought into the Clerk’s Office for processing. These types of cases include the following:- Complaints accompanied by an Application to Proceed In Forma Pauperis
- Complaints accompanied by a Motion for Temporary Restraining Order
- Complaints accompanied by a Motion to Seal or Partially Seal
- Complaints accompanied by a Motion to Use a P.O. Box Address
- Complaints accompanied by a Motion to Use a Pseudonym (e.g., John Doe)
- Complaints filed pursuant to Qui Tam/False Claims Act
- The Next Generation of ECF
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2013
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
- Attorneys may check their bar statuses and dates of admission on our website: Bar Member/Attorney Information Lookup.
- 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.
- 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.
- When filing sealed material in person, include one (1) original (with ink signature, not /s/), one (1) copy, and the PDF on a disk.
- You may make copy requests by fax at (202) 354-3524.
- Clerk’s Office hours are 9:00 a.m. to 4:00 p.m., EST.
- Please review the available tutorials on opening a new civil case before attempting to do so: Attorney Civil Case Opening Information.
- 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:- 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.
- 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.
- 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:- 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.
- 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.
- 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
- 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.
- 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:- 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.
- 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.
- 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.
- If an attorney has an inactive email address, the label (Inactive) now appears beside the email address on the docket sheet.
- 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.
- New and Ammended Local Rules
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2012 and Previous Years
For 2012 and previous years, please visit the ECF Newsletter Archive.