CM/ECF
Frequently Asked Questions
What is Electronic Filing?
The electronic filing system streamlines the process of creating,
filing and noticing legal documents by permitting attorneys in selected civil
cases to file documents with the Court and deliver them to opposing parties directly
from their computers using the Internet. It has the potential to provide substantial
savings to attorneys, their clients and the Court while improving access to Court
records. Benefits include: 24 hour access to file or view documents; immediate
creation of docket entries; immediate access to updated docket sheets and to the
documents themselves; potential elimination of paper files that can be misplaced
or lost; potential savings in copying, courier and noticing costs; and the ability
to store and search documents electronically.
What do I need to file electronically?
Systems requirements are minimal and inexpensive. All that is
needed is a personal computer (PC clones and Apple Macintosh computers work fine),
an Internet connection, the Netscape Navigator browser (version 4.08 or
higher) and Adobe Acrobat Exchange 3.0 or higher. In addition, attorneys
may need a scanner for imaging documents to be filed electronically that
are not available in electronic format. Unfortunately for those who might
otherwise prefer Microsoft Internet Explorer as their Internet browser,
that software does not work with the electronic filing system and is
unsupported at this time. Adobe Acrobat Exchange's portable document
format (PDF) is the key to the system because it makes all documents
viewable in their original format on any computer regardless of
whether they were scanned or created by a word processor and irrespective
of the type of computer or word processing software used by the individual
who created them or by others who wish to view them.
How does electronic filing work?
To file electronically, attorneys create their documents on
their computers just as they normally do. Instead of printing the document
on paper, however, attorneys save it in a portable document format that
can be read by others with all formatting intact regardless of the type of
computer or word processor they use. Attorneys then access the electronic
filing system through their Internet provider over the World Wide Web.
After establishing their identity by providing a Court assigned user
identification name and password that serves as their signature for
electronically filed documents, attorneys indicate the case number that
their document applies to, the party the document is being filed on behalf
of and the type of document (answer, motion, etc.) being filed. The
document is then sent over the Internet to the Court's computer which
immediately sends a receipt back to the attorney's screen verifying that
the document has been received. The receipt can be printed or saved to
disk for future reference. Additionally, the system automatically creates
a docket entry and makes both the updated docket sheet as well as the
document itself instantly available to anyone with access to the Internet.
The system also sends e-mail notification of the filing to all the parties
who desire electronic notice of the filing.
How do I get started?
In order to file electronically, an attorney must be admitted to
practice before the Court and must have previously registered to file electronically.
In addition, the case must be designated by the Court for electronic filing. Attorney
Admission and Electronic Filing Registration forms can be obtain from the Clerk's
Office at any Court location or over the Internet from the District of Oceana's
Main Home Page.
How are cases selected for electronic filing?
Electronic filing is appropriate for nearly all civil cases. The
determination of whether electronic filing will be used in a particular
case will most likely be made at the initial Case Management Conference
(CMC), although the decision can be made at any time. The Court has
modified its Case Information Statement (CIS), which is submitted along
with the initial pleading of each party, so that a party can provide the
Court with advance notice that it has an interest in filing electronically.
The Court has also modified Local Rule 16.3(b) to add electronic filing
as an agenda topic at the CMC. Attorneys who want to have a case designated
for electronic filing should bring that desire to the attention of the presiding
judicial officer as soon as possible.
I
tried to file a document but it says format not
recognizedwhat am I doing wrong?
All documents must be submitted in Adobe PDF (portable document
format) with an extension of ".pdf". Two common errors occur.
First, a user thinks that s/he saved the document in PDF. The user
then tries to file the WordPerfect version of the document; not the saved PDF
version.
Second, a user fails to indicate the full path name for the PDF
file s/he wants to upload. Because the system could not find the file, it responded
with the "format not recognized" message. The solution--provide the
full path name when identifying the file (example: "c:\documents\motion.pdf")
during the upload process.
I can get
a docket sheet, but when I try to retrieve a document I couldn't read the filewhat
gives?
You do not need Acrobat software to view a docket sheet, but you
do need it to view documents. You might have Acrobat PDF on your machine, but
have not connected it to Netscape. The solution--open Netscape: Options, General
Preferences, and in the dialog box add application/pdf; extension pdf and indicate
path to Acrobat.exe file.
How do I
file a response to a motion?
From main menu, CLICK on Civil Events.
CLICK on Answer & Responses. CLICK on
Motions. Select the motion.
How do I
file a dismissal order?
Judges approve dismissal orders before filing, even those brought
under Fed. R. Civ. P. 41(a). Your best bet is to a file motion with the proposed
dismissal order as attachment.
I tried to
scan my document into PDF but a lot of errors appeared
You are probably trying to scan the document via optical character
generation (OCR)--don't do this. PDF can handle both text and scanned documents.
It can also take scanned documents and perform OCR on them, turning the image
back into editable text; but this process has many problems and should not be
done before submitting to CM/ECF. It is permissible to perform OCR on PDF documents
after they are in the CM/ECF system, since any OCR errors will not placed in the
official documents at the court.
I see I can
get Acrobat for free Adobe's website; why should I pay for it?
Good question! Adobe does provide a PDF Reader for free on its
website and that works fine for viewing documents.
However, in order to create and subsequently file PDF documents, you will need
to obtain Adobe Acrobat Exchange 3.0 or higher. Although the software is not free,
attorneys can get it for half price through an Adobe legal sales promotional
offer by calling toll 1-888-502-5275. Attorneys need to provide their bar identification
number when ordering.
I use Microsoft
Internet Explorer, why do I need Netscape?
Attorneys have reported that Internet Explorer does not work well with the CM/ECF
system--including problems logging-in, viewing screens and uploading and downloading documents. It
is therefore unsupported at this time.
Where do
I get Netscape or Adobe Acrobat?
Netscape is available free at http://www.netscape.com
Adobe also has a website http://www.adobe.com
but attorneys can get it for half price through an Adobe legal promotional offer by calling 1-888-502-5275 toll free.
I am having
problems with PACER, what do I do?
PACER (public access to court electronic records) is not related
to the electronic filing program. If a user has trouble with PACER, they should
call the PACER in San Antonio, Texas at 1-800-6766856.
Why do I
get error messages caused by apostrophes?
The use of apostrophes in certain fields in the CM/ECF system has
been known to cause problems which the AO is attempting to fix as soon as they
are discovered. There is little or any indiciation of the cause of the problem
described by the error messages that you receive. Until this type of problem
is completely eliminated, just note that apostrophe's may cause problems and
their use should be avoided if possible.
My machine
locks up at the login screen, but other attorneys at my firm don't have that
problemwhy me?
If you get to the login screen, fill it out and the system hangs
when you try to complete your login, then something is blocking the Secure Socket
Layer (SSL) port 443 (that's the point where we transition from web port 80
to SSL port 443). The systems person at your firm needs to look at the router
and any firewalls the firm has set up to determine where the blocking is taking
place. Attorneys at a firm may experience this problem while other attorneys
at the same firm do not, because they may be directed to different proxy servers.
At least two firms here have had this problem.