Home | Search | Site Map | Comments |
![]() |
Southern
District of Texas District Court Electronic Case Filing |
![]() |
||||||||
|
The Administrative Office of the United States Courts is moving swiftly to implement a case management/electronic case filing (CM/ECF) system in all district, appellate, and bankruptcy courts nationwide. 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 courts 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. Like PACER, an individual may access case files in ECF PACER whether those files were created by imaging paper files or through CM/ECF, over the Internet. In addition to maintaining a PACER account, those members of the Bar who have applied for and been certified 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 password and login will give them access to an array of screens that will allow them to file pleadings and notify all cases 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 free of charge at our public computer terminals located in the Clerk's Office. 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, will occur in civil cases on September 7,
2004, and in criminal cases within several months. Portable
Document Format (PDF) Information
A attorney must register with both PACER and ECF in order to file documents electronically. An attorney admitted to the Bar of this court, including an attorney admitted pro hac vice, may register for ECF. The District Court ECF Registration Form can be completed through our online registration process. Our court requires that attorneys wanting to file electronically attend a certification class that addresses substantive, legal issues, signature and notice issues, reviews the Administrative Procedures for Electronic Filing and briefly demonstrates the system. Upon completion of this 1.5 hour session attorneys will receive a log-in and password to our system. Hands-on 2 hour classroom sessions will be available for attorneys and support staff. These classes, which are optional but encouraged, will provide experience with the mechanical process of filing documents.Registration forms and open enrollment in classes may be made through an interactive registration form that includes options for training at our various divisional courthouses. If you have attended either District or Bankruptcy CM-ECF training in our district or another federal court, you are not required to attend our training sessions. Complete the registration process for District CM/ECF and indicate the district in which you were trained.
System
Requirements
Security
Controls
Skills
1. What is the case management/electronic case files project? ANSWER: CM/ECF is a joint project of the AO and the federal courts to replace the existing case management systems in the federal courts, e.g., ICMS Civil/Criminal, the Appellate Information Management System (AIMS), BANCAP, NIBS, etc., with a new case management system based on current technology, new software, and increased functionality requested by the courts. In addition to providing the courts with updated tools for managing their cases, this new system will enable the courts to maintain electronic case files and offer electronic filing over the Internet. 2. What are the benefits and features of using CM/ECF for courts, attorneys and the public? ANSWER: There are a number of significant benefits and features for courts, attorneys and the public:
3. Do courts have to use the electronic case filing portion of CM/ECF? ANSWER: No. Courts may choose to use only the case management portion of the new software and continue as a paper only operation. The Electronic Case Filing (ECF) portion is optional. There are multiple ways that courts can use the ECF capabilities. They can scan documents received in paper form or they can permit filing of documents in electronic form. Scanning may be needed as a supplemental process to convert documents that cannot be obtained in electronic form. 1. How many users can submit documents at once? ANSWER: There is no fixed limit. Response time and expanded use will ultimately tell us what the acceptable limit might be. Enhancements to communications capacity is expected to be an ongoing task to ensure that we meet the needs of the users. 2. How many people at a time may view a document? How many people at a time may view the docket? ANSWER: There are no limitations for either function. 3. Will the creator of the docket entry be identified? ANSWER: Yes. All entries can be identified by the name of the person that logged in and submitted the entry. Whether and how a person's name appears in a docket entry may be determined by the court (e.g., full name, initials, etc.). 4. Is there a limit to the number of aliases a party may have? ANSWER: No. 5. How will signature of documents be handled for documents filed electronically? ANSWER: The user log-in and password required to submit documents to the Electronic Filing System serve as the Filing User's signature on all documents filed with the Court. They also server as a signature for purposes of Rule 11, Fed. R. Civ. P., the Local Rules of thie Court, and any other purpose for which a signature is required in connection with court proceedings. The name of the Filing User under whose log-in and password the document is submitted must he preceded by an "/s" and typed in the space where the signature would otherwise appear. A Filing User who electronically files any document requiring the signature of other individuals must either (1) submit a scanned document containing the necessary signatures; or (2) indicate on the filed document by the designation "s/" that the original document has been signed. The original document containing the original signatures of the persons other then the Filing User must be retained. 6. What technical expertise is required? ANSWER: CM/ECF is easy to learn and requires little technical experience to use. The basic technical skills needed are familiarity with using Windows and a web browser. 1. Will there be restrictions on who may file documents on CM/ECF? ANSWER: Each court determines to whom filing logins and passwords are issued. At the present time, we are contemplating allowing only attorneys to participate in electronic filing. 2. How is filer identity authenticated? ANSWER: Authentication is currently completed at login. Each user is required to identify himself or herself by presenting a valid combination of user name and password. Upon doing so, access to the site is granted. 3. Can the general public view ECF cases and the documents in those cases? ANSWER: Access to view cases and documents in CM/ECF is available to anyone with a PACER login and password. PACER offers convenient electronic access to case file documents, listing of all case parties, reports of case related information, chronologies of events entered in the case record, listing of new cases, judgments or case status, and a calendar of events. However, as a result of the policy recently adopted by the Judicial Conference, the public cannot view documents filed in Civil Social Security Appeal cases or Criminal cases. To defray the costs of PACER and CM/ECF, the Judicial Conference has set a fee of seven cents per page for electronic court data via the internet, except for calendar information, for which there is no charge. The fee applies to all users, although courts may exempt certain persons, such as indigents. Parties entitled to documents as part of the legal process receive a free electronic copy, although they will be charged for replacement copies, whether in paper or electronic form. 1. How does the system handle the filing of a multi-part motion? ANSWER: The types of motions that an attorney or court personnel can file are displayed in a drop down window. The user can select one or a list of motions, using the control key and the mouse. The filer should select as many different motions from the list as required to accurately reflect the reliefs sought. CM/ECF then processes each of the motion parts, one at a time, leading the filer through the steps necessary to complete each part. Orders ruling on multi-part pleadings can dispose of each relief separately. 2. When a user files a pleading with the court does the system automatically serve the other parties or does the user have to do something extra to serve the others? And, do the other parties just get notification of a filing or do they get the actual document? ANSWER: The system is set up so that when a court user or attorney files a document with the court, a notice of electronic filing is generated that includes information about what was filed, the text of the docket entry, the unique document stamp, and a list of case participants that receive email notification of the filing and a list of those that do not. The notice of electronic filing sent to those listed as receiving email notification contains a hyperlink to the document. For users participating in ECF, receipt of this notice through the court's transmission facilities constitutes "service" by parties as required Fed.R.Civ.P.5(b) and Fed.R.Crim.P.49(b). Other parties who are not registered CM/ECF filers must be served in the traditional manner, with paper documents. 3. Will the system support scanned documents in color? ANSWER: Yes, the system does support scanned and all other documents in color, however, filing colored documents is discouraged because the size may be an issue. 1. How does CM/ECF handle sealed records? ANSWER: All sealed records in the Southern District of Texas will be retained in the Clerk's Office in paper form, and not made a part of the electronic record. Motions requesting that documents be placed under seal, or any documents filed under seal should be filed in conventional paper format with a clear indication of thier sealed status. 2. How does CM/ECF handle ex parte filings or pleadings that are otherwise sensitive in nature? ANSWER: Attorneys should file such documents in conventional paper format with the Clerk, and include a clear indication of thier sensitive nature. Such documents will not be made a part of the electronic record unless and until a judical order indicates that they are not sensitive and should be a part of the public record. 3. Will ECF have Applied Docketing capabilities that will allow a user to apply one transaction to more than one case? ANSWER: Yes, CM/ECF supports Multicase Docketing, for making the identical entry with the same document in each case; and Batch Filings, for making the same entry but with different documents for each case. Hardware/Software Requirements 1.
What hardware and software will attorneys need to participate in ECF?
2. Is ECF browser specific? ANSWER: District Version 1 will be compatible with both Netscape versions 4.6 or 4.7 and Internet Explorer version 5.5. District version 2, which should be operational by the Fall of 2004, will be compatible with both Netscape version 7.0 and Internet Explorer version 6.0. Bankruptcy version 1 is compatible with Netscape versions 4.6 or 4.7. The CM/ECF team is currently testing the bankruptcy version 1 product with Internet Explorer version 5.5 to certify its compatibility with the CM/ECF system. However, we currently have some users accessing the system through Internet Explorer with positive results. In either case, your browser must be JavaScript-enabled. 3. Is ECF word processor specific? ANSWER: No, you may use any word processor that can convert documents to PDF. 1. Can an attorney add new attorneys to the database? ANSWER: Only court staff with appropriate permissions may add attorneys to the database as system users. 2. What should an attorney or court user do if the document he or she is filing is not listed in the pick list? ANSWER: Each court maintains its own event dictionary. If a user wishes to file a document that is not listed in the pick list, they can choose "other" and text in the type of document. 3. Is CM/ECF browser specific? ANSWER: District Version 1 will be compatible with both Netscape versions 4.6 or 4.7 and Internet Explorer version 5.5. District version 2, which should be operational by the Fall of 2004, will be compatible with both Netscape version 7.0 and Internet Explorer version 6.0. In either case, your browser must be JavaScript-enabled. 4. Is CM/ECF word processor specific? ANSWER: No, you may use any word processor that can convert documents to PDF. 5. Can the general public view CM/ECF cases and the documents in those cases? ANSWER: Access to view cases and documents in CM/ECF will be available to anyone with a PACER login and password. PACER offers convenient electronic access to case file documents, listing of all case parties, reports of case related information, chronologies of events entered in the case record, listing of new cases. However, as a result of the policy recently adopted by the Judicial Conference, the public cannot view documents filed in Civil Social Security Appeal cases or Criminal cases. To defray the costs of PACER and CM/ECF, the Judicial Conference has set a fee of seven cents per page for electronic court data via the internet, except for calendar information, for which there is no charge. The fee applies to all users, although courts may exempt certain persons, such as indigents or bankruptcy case trustees. Parties entitled to documents as part of the legal process receive a free electronic copy, although they will be charged for replacement copies, whether in paper or electronic form. The public may view CM/ECF case files for free on the public terminals located in the Clerk's Office. 6. Will someone submitting a long document monopolize the system to the detriment of other users? How long will it take to transmit/receive lengthy documents? ANSWER: A user submitting a large document to CM/ECF will not interfere with other users' access. The system uses webbed technology which is designed to service large numbers of users simultaneously. The time it takes to transmit or receive a document primarily depends on the user's Internet Service Provider (ISP), modem speed, and the size of PDF file being transmitted or received. Generally, the larger the file, the longer it will take to load. Our procedural order will limit the size of documents that can be filed. In most instances, however, the size of the document will not be restricted by the electronic filing process. The CM/ECF system will accept both text and image PDF files. The text PDF file is usually the result of saving a document from a word processor in PDF format using Adobe Acrobat PDFWriter. The image PDF file is usually created by scanning a paper document in PDF format. The text file can be transmitted to the CM/ECF application faster than the image file because it is much smaller in size. While the difference in speed is usually not noticeable in a 1 or 2 page document, the difference can be significant when a document reaches about 20 pages in length. 7. How will signature of documents be handled for documents filed electronically? ANSWER: The user log-in and password required to submit documents to the Electronic Filing System serve as the Filing User's signature on all documents filed with the Court. They also server as a signature for purposes of Rule 11, Fed. R. Civ. P., the Local Rules of thie Court, and any other purpose for which a signature is required in connection with court proceedings. The name of the Filing User under whose log-in and password the document is submitted must he preceded by an "/s" and typed in the space where the signature would otherwise appear. A Filing User who electronically files any document requiring the signature of other individuals must either (1) submit a scanned document containing the necessary signatures; or (2) indicate on the filed document by the designation "s/" that the original document has been signed. The original document containing the original signatures of the persons other then the Filing User must be retained. 8. What happens if a document is filed in error? ANSWER: CM/ECF allows court personnel to edit errors made in the docket entry. Besides making the appropriate corrections, the court may need to ask participants to submit amended pleadings. Instances that affect calendar entries and noticing will need to be redocketed. Many courts are choosing not to edit the docket entry and use a “corrective entry” event, which officially records substantive errors on the docket sheet and will generate a Notice of Electronic Filing. This allows the distribution of the correct information to the participants who originally received the erroneous information.
|
Home | Search | Site Map | Comments | Top of Page |
Last Updated
Send Comments To: info@www.txs.uscourts.gov
© Copyright 2001 US Courts Southern District of Texas