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Bar News - June 6, 2003 Coming Soon to a Federal Court Near You: Electronic Case Filing By: James R. Starr Is Your Law Practice Ready? THE CASE MANAGEMENT/ELECTRONIC Case Files (CM/ECF) docketing system is a nationwide project designed to upgrade how the federal courts file, maintain and manage case documents and information. CM/ECF is a user-friendly, Internet-based system that allows attorneys to file pleadings and access court documents electronically from their own computers. The national rollout of the CM/ECF system for the bankruptcy courts started in March 2001. The Bankruptcy Court for the District of New Hampshire went live on CM/ECF in April 2002. The CM/ECF system for the district courts began to roll out nationally in May 2002. The District of New Hampshire anticipates going live with electronic case filing in the spring or summer of 2004. The CM/ECF system in the appellate courts is expected to begin rolling out in the late summer of 2003, with implementation completed throughout the entire federal court system in 2005. The Benefits to Attorneys of CM/ECF CM/ECF presents numerous benefits to practitioners. Most notably, the system is user-friendly and simple. It will make both filing and service of pleadings easier and quicker. Attorneys can file documents electronically at any time from anywhere using a computer that has Internet access. CM/ECF generates instantaneous e-mail notification of case activity, such as the filing of motions or issuance of orders, and immediately updates the court’s docket. In most cases, the e-mail notification of case activity will constitute "service" of the pleading without any further action required of counsel. The system also allows attorneys who have an interest in a pending case to receive e-mail notices of activity and documents filed in any case on the court’s docket, regardless of whether they are counsel of record. The system will also provide the Bar and public with 24-hour concurrent access to case file dockets and documents over the Internet. Users can either view or download court documents to their own personal computers. Documents in civil cases that have been closed for over one year and would otherwise be archived, the retrieval of which typically takes about one week and requires a fee of $35, will be available instantaneously. Courts that have already implemented CM/ECF also report savings in time and expenses for attorneys in the form of reduced copying costs and postage fees, elimination of attorney/staff travel time and parking expenses to review files at the courthouse, the reduction of physical storage space requirements, and the elimination of courier service and overnight shipping costs. How CM/ECF Will Work Attorneys and their support staff will be surprised at how easy it is to e-file documents and use CM/ECF. Attorneys will continue to create documents on their own computers as they do now. Instead of printing the documents on paper and delivering them to the parties and the court, the final draft will be saved in a portable document format (PDF). The PDF format is required because it allows all system users to access and view the document regardless of the type of computer or word processing system that was used to create the document or is being used to view it. Attorneys will then access the court’s electronic filing system over the Internet by entering a court-assigned user identification name and password. The next step requires the user to enter the case number in which the document is to be filed and the name of the party filing the document, and to select the type of document being submitted from a drop-down menu (i.e. answer, motion to dismiss, objection, etc.). Through a progression of screens, the system automatically proceeds to a browser screen that is programmed to allow the user to access his or her own computer database, to locate the PDF document to be filed, and to then submit it for filing in the case. The browser screen also permits users to simultaneously submit attachments to pleadings in electronic format. (An attachment that is not a newly created document, such as a copy of a contract, will first need to be scanned and saved in a computer directory or folder and then submitted.) Once submitted through CM/ECF, the e-filed documents will instantaneously be inserted into the case docket, transmitted to the parties and accessible to the public. All parties will receive an e-mail notification of an electronic filing that will provide a hyperlink to both the document submitted and the case docket sheet. In most cases, the electronic transmission of the pleadings to the parties through CM/ECF will also satisfy the service requirements of Fed. R. Civ. P. 5(b). E-mail recipients will get one free look at the document, which they may print or download. Attempts to access the docket sheet to obtain a second look or for any other reason will be charged to the party through their PACER account at $.07 per page. As referenced earlier, if a document is not created on a computer or is otherwise unavailable in electronic format – such as attachments to motions, like contracts or medical records – it can be easily and inexpensively scanned for electronic filing. Those few documents that cannot be scanned will be filed and served in the traditional manner. New Hampshire Rollout Plan Our present rollout plan is tentative and may be altered by many factors, including delays in the internal implementation process or suggestions from the Bar. Presently, the court expects to go live with our internal case management program in November 2003. Electronic case filing, which will begin first in civil cases only, will commence in the spring or summer of 2004. We will likely phase in electronic case filings by judge over a period of time. Ultimately, we will expand electronic case filings to the criminal docket, and it will likely become mandatory in most cases. The Future of Pacer The primary method for obtaining access to electronic case files through the Internet will continue to be through a modified version of Public Access to Court Electronic Records (PACER), which will be called ECF-PACER. This new Web-based system will contain both the individual case dockets (a list of the documents filed in a case) and electronic copies of the actual documents filed in a case. Members of the public and the Bar who seek off-site Internet access to case dockets and documents will need to open ECF-PACER accounts and obtain logins and passwords. In addition to maintaining ECF-PACER accounts, those members of the Bar who have applied for and been granted permission to file their pleadings in electronic form will also receive separate CM/ECF logins and passwords. Although they will access the system in the same manner as the general public, their unique CM/ECF passwords and logins will give them access to an array of screens that will allow them to file pleadings electronically. Again, attorneys who want to access the court’s docket or to view documents (even in their own cases), or to run a query of a case in which they are not a party, must log in using their ECF-PACER accounts and not their CM/ECF accounts. Access through ECF-PACER will continue to result in a charge of $.07 per page for a case file document or docket viewed, downloaded or printed. Electronic case files also will be available free of charge at our public computer terminals located in the Clerk’s Office on the first floor of the Rudman Courthouse. Required Equipment for CM/ECF Many law offices already have the technology required to participate in electronic case filing. You will need the following computer hardware, software and accounts:
Training Provided for CM/ECF Each district court is responsible for training its own staff and attorney users. While we have not finalized all aspects of our user training plan, our Web site presently contains online tutorials and computer-based training modules. We also have a demo database that allows attorneys to practice submitting motions electronically. In the months immediately prior to activating the electronic case filing system, we will provide classroom training sessions. These sessions will be scheduled in Concord and could possibly be scheduled statewide if requested by county bar associations, law firms or groups of practitioners. We are also in the process of developing a user manual, which will explain in simple, clear instructions how to register, log in and use the full ECF system. You will be able to download and print the user manual prior to the ECF implementation date. The court also is cognizant of the fact that electronic case filing and e-mail notification will dramatically impact how attorneys administer their offices. In an effort to provide assistance in this area, with the assistance of local practitioners, we intend to provide a best practices seminar that focuses on how law firms can develop methods and procedures for managing electronic files and e-mail notifications. If any members of the Bar are interested in serving as panel members or in assisting with the development of the training curriculum, or have any other ideas or suggestions concerning CM/ECF training, please contact Dan Lynch or me. Eligibility to Participate in ECF Cases An attorney seeking to file documents electronically in the District of New Hampshire must previously be admitted to practice in this court (or admitted pro hac vice in specific cases) and must complete an electronic filing registration form. We anticipate that the forms will be available on the Web page for downloading and submission in the spring of 2004. Upon completion of the form, the attorney will be assigned a user identification name and password that will permit access to the system and serve as that attorney’s signature on all documents filed for Fed. R. Civ. P. 11 purposes. Attorneys must secure their passwords and notify the court if they learn that a password has been compromised. Local Rules/Administrative Orders for CM/ECF All courts implementing CM/ECF have revised their local rules or have issued administrative orders to accommodate electronic case filing. Most of the live courts have posted their local rules/administrative orders concerning ECF on their court Web sites. To review the rules of district courts that are presently live on ECF, go to www.uscourts.gov, click on "Electronic Access to Courts," next click on "Case Management/Electronic Case Files Project," and finally click on "Court Links." Additional CM/ECF Information Our Web site at www.nhd.uscourts.gov contains this and a great deal more information about CM/ECF. It also contains interactive tutorials, computer-based training sessions and a demo database that attorneys can access to try out this new technology. While CM/ECF presents many challenges for the bench and Bar alike, it also presents tremendous and limitless benefits and opportunities. It will undoubtedly revo lutionize court operations (possibly leading to a paperless court), the manner in which attorneys practice law and the public’s access to the judicial system. The cooperation, innovation and creativity of all persons impacted by CM/ECF is required to assure that this new technology serves those important constituencies, rather than the other way around. If you have any questions or would like to become involved in this project, please contact our CM/ECF project manager, Dan Lynch, or me. James R. Starr is clerk of the U.S. District Court – District of New Hampshire. He can be reached at 225-1423 or at james_starr@nhd.uscourts.gov.
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