Civil Cases Start the Process in June

THE U.S. DISTRICT COURT of New Hampshire is moving forward with implementation of the federal courts' electronic filing system and case management software, with some civil cases to be filed online starting this June.

The Clerk's office has already begun working with the case management system that forms the "back end" of the ECF-PACER system that is being implemented nationwide, and which is already in use in New Hampshire in the Bankruptcy Court. Eventually, it will become the expected means of filing for all cases.

Overview

The Administrative Office of the U.S. Courts is moving swiftly to implement a case management/electronic case filing (CM/ECF) system in all district, appellate, and bankruptcy courts nationwide. Currently there are 29 District Courts in the process of implementing CM/ECF, including 28 District Courts that are now live on the system. The case management (CM) and docketing portion replaces the aging software currently used by most courts with a nationally-supported but flexible system that allows each court to customize its own docketing and reporting capability. The electronic case files (ECF) portion allows courts to manage documents electronically to whatever extent they choose, from allowing attorneys to e-file documents and create docket entries over the Internet, to having court staff convert paper documents into electronic form by scanning.

It also provides 24-hour access to case files by judges, court staff, and the public in a reliable and secure electronic form. Potential advantages of CM/ECF include the concurrent availability of complete case files and documents to multiple users, as well as reduced physical storage needs and traffic in the clerk's office. In addition, notices of filings and other case activity are automatically transmitted to case participants via e-mail and documents are instantly accessible via the Internet. Delays and added expenses associated with mail or courier services will be a thing of the past. If the system's ECF capabilities are fully used, most documents will never arrive at the Clerk's Office intake window.

The primary method to obtain access to electronic case files through the Internet will be through a modified version of the old Public Access to Court Electronic Records (PACER), called ECF-PACER. This new web-based system will contain both the dockets (a list of the documents filed in the case) and, after the court begins accepting electronic case filings, electronic copies of the actual case file documents. Individuals who seek off-site access to a particular document or case file will need to open a PACER account and obtain a login and password. Logins and passwords from the old PACER system are transferable to the new system. As with PACER, an individual may access case files in ECF PACER whether those files were created by imaging paper files or through CM/ECF through the Internet.

In addition to maintaining a PACER account, those members of the Bar who have applied for and been granted permission to file their pleadings in electronic form will also receive a separate ECF login and password. Although they will access the system in the same manner as the general public, their unique passwords and logins will give them access to an array of screens that will allow them to file pleadings and notify all case participants electronically. Access through PACER will involve a fee of $.07 per page of a case file document or docket viewed, downloaded or printed. Electronic case files also will be available for viewing at no cost at our public computer terminals located in the Clerk's Office on the first floor of the Rudman courthouse.

CM/ECF implementation has been a significant undertaking. This 10-month period included time to plan, develop, and implement policies and procedures, receive and provide training, customize the system, and convert data from existing case management systems. Implementation of a fully functional ECF component, including the capability for allowing electronic filing by members of the Bar, is expected next summer.

Training

Beginning in January 2004, the court will conduct live demonstrations of ECF at certain Inns of Court and county bar association meetings throughout the state. In March 2004, the court will host an Electronic Filing Office Management Best Practices seminar that will address different methods and procedures for managing electronic files and e-mail notifications. In April and May 2004, the court will conduct classroom training sessions on how to file pleadings in ECF. Finally, we are in the process of developing a User Manual, which will provide simple, clear instructions on how to register, log in, and use the ECF system. In order to attend our training sessions, an individual will be required to complete all on-line training options and be admitted to practice in our Court, or be an employee or agent of someone who is admitted. We have already begun work on a detailed user manual which will take you step-by-step through the process of e-filing documents.

System Requirements

Law firms will need the following computer hardware, software, and accounts:

• Personal computer (Pentium or higher/MacIntosh equivalent) (64MB Ram) running a standard platform (e.g., Windows 95, 98, 2000, NT). Minimum IBM or Mac PC with a 486-66 MHz Processor and 16MB Ram, Windows 3.1.
• Portable Document Format (PDF) compatible word processing software for creating pleadings (e.g., Corel WordPerfect, Microsoft Word).
• Adobe Acrobat 4.0 or higher, which includes both the Acrobat Reader for reading documents in PDF and Acrobat Writer for converting documents into PDF.
• An Internet Service Provider using point-to-point protocol (PPP) for accessing the Internet and for sending and receiving e-mails. Some type of Broadband, DSL, or T-1 service is highly recommended (minimum access speed of 56K). Netscape Version 4.76 and Internet Explorer 5.5 are recommended.
• PACER account with PACER login and password. (ECF login and password if you have permission to file electronically).
• Document scanner.

We would prefer that all documents filed be in electronic format. However, if you need to image a document so you can file it electronically, the court's web site at www.nhd.uscourts.gov has tips on how to scan documents for optimal results in the ECF system.

Computer Skills for Lawyers and Law Office Personnel

To use ECF, you will need the following skills:

• Ability to access the Internet and specifically the Court's CM/ECF system.
• Ability to perform the following functions using an Internet browser:
• Use the Forward and Back buttons
• Set up bookmarks
• Click on check boxes using a mouse
• Type in text boxes
• Download files
• Print documents
• Set home page addresses
• Use hyperlinks
• Ability to read a document in PDF using Adobe Acrobat Reader.
• Ability to convert a word processing document into PDF using Adobe Acrobat Writer (requires the full Adobe Acrobat program).
• Ability to scan a document into PDF.
• Ability to utilize an Internet e-mail system to send and receive messages from outside of your office.
• Ability to attach files to an e-mail message.

Visit www.nhd.uscourts.gov for answers to frequently asked questions, details on security precautions built into the system, and additional updates on training opportunities or other aspects of the implementation.

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