Note from the Clerk's Office
Welcome to this edition of our newsletter. This newsletter serves to update all our e-filers on CM/ECF. It also provides tips and reminders to make your electronic filing experience a more pleasant one. Please share this with your support staff who assist you with filing in CM/ECF.
MANDATORY electronic filing in all cases is coming soon! E-filing is now MANDATORY in all criminal cases and in civil cases for firms with 20 or more attorneys! If you are not yet a registered e-filer and have not yet signed up for a training session, please do so today! You can register for training on-line at http://ors.utd.uscourts.gov/cgi-bin/class.pl
 Be Cool and Help Your Out of State Counsel!
If you are local counsel on a case please make sure that the out of state attorneys you are working with are aware that they must be registered e-filers by May 1, 2006!
DO YOU NEED MORE TIME????
There are five types of motions re: extensions of time:
Motion for:
1. Extension of Time (used for a generic extension)
2. Extension of Time to Amend(this will allow you to link this motion to any
previously filed document)
3. Extension of Time to Complete Discovery
4. Extension of Time to Answer (please use this event if you need extra
time to answer). Using this particular motion type allows the Order on
the Motion for Extension of Time to File Answer to work properly. The system will allow the docketing staff to correctly update the answer deadline when the order is entered.)
5. Extension of Time to File Response/Reply
Choosing the correct type of Motion for Extension of Time allows for greater accuracy on the docket. As always, if in doubt - the Help Desk is just a call away (524-3248).
New Events for Criminal Attorneys
There is now a Motion for Early Termination of Supervised Release. This motion works just like the Motion for Early Termination of Probation. Having both selections to choose from will now allow attorneys to select the motion that identifies exactly what they are asking for.
There are also 2 other new events located under the category Other Documents:
1. Criminal Proposed Findings of Fact
2. Criminal Notice of Filing - Before using this event, be sure to do a diligent search of the events list to find the best choice.
If you are unsure where to locate the events lists please see the article in the February newsletter.
Don't Forget to Sign!
Per Rule 11 and Section A.1. of the Administrative Procedures, "The submission of a document that is (i) signed with an "/s/ attorney name" or electronic image of the attorney's signature, and (ii) filed under that attorney's login and password, shall constitute an original signature for purposes of Federal Rule of Civil Procedure 11"
Why and How to Clear Your Browser Cache
Why: At some point you've logged into PACER, but now are logged into CM/ECF, and:
- you don't see the 'Mailings' feature to check who is an E-filer, or
- you don't see the Civil or Criminal links on the 'Blue Bar'
How:
In Netscape 7:
- Click on Edit, Preferences, then click on the plus sign next to the Advanced category.
- Then click on Cache, and click the 'Clear Cache' button, then click 'OK'
In Netscape 8 or Firefox:
- Click on Tools, Options, Privacy, scroll down to Cache and click 'Clear'
- Click on the plus (+) sign next to Cache, and put a checkmark in the 'Clear cache on browser exit' box, to make extra sure
In Internet Explorer 6:
- Click on Tools, Internet Options, then click the 'Delete Files' button.
- Wait till the hourglass goes away, if you see one, and then click 'OK'
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How Do I File ____?
A Motion with a Proposed Order?
Answer: Remember that your motion must be separate from your proposed order. Your proposed order will be docketed as an attachment to your motion, in compliance with DUCivR 10-1(a). You must also e-mail your proposed order to the judge who is handling the issue in either Word or WordPerfect format.
Problem: I try to docket a Response to a Motion to Vacate 2255 using the "Response to a Motion" event under "Responses, Replies and Other Motion Related Events" but the motion is not on the list to choose.
Answer: CM/ECF treats the Motion to Vacate like a petition so it will not show up on a list of motions. If you choose the "Response (NOT to motion)" under Other Answers and Responses - it will allow you to link to the Motion to Vacate.
A Motion for Joinder in a Criminal Case?
Answer: On the defendant list screen, check the box next to your client and the defendant(s) whose motion you are joining.
(Later, this will bring up the list of motions for your client and the co-defendant that you are joining with)
On the filers screen, choose your client only.
| If you are unsure what event to use to file a document, CALL the Help Desk at (801)524-3248 |
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Helpful Hints from the Help Desk
CRIMINAL ATTORNEYS - ARE YOU REQUESTING DISCOVERY FROM THE GOVERNMENT BUT NO ORDER IS NEEDED?
When you file a Request for Discovery in a criminal case but an order is not required, under Other Documents please choose Request and text in Discovery (and any other clarifying information).
BUT IF THERE IS A CONTESTED DISCOVERY ISSUE IN A CRIMINAL CASE...
If an order is required for a discovery issue, under Motions choose Discovery and if appropriate, attach a proposed order. This will add the motion for discovery to the judges pending motions report.
Motion for Discovery (Reciprocal)
Do not use the Motion for Miscellaneous Relief. Use the Motion for Discovery and text in the (Reciprocal).
When emailing the proposed order to the judge, you do not need to include a copy of the motion. The judge will receive a NEF when the motion is entered.
Administrative Procedures 
The Administrative Procedures have recently been updated. If you do not have the version from March 14, 2006 please download it today! Here are just a few of the changes:
 Page 5; Section II, B, 2. Documents may also be submitted on CD ROM, DVD or other medium
as directed by the court, must only contain documents relating to a single case and
must be labeled with the attorney’s name, the case number, case name, a brief
description of the documents on the medium, and the phone number of the attorney
submitting the medium.
 Page 7; Section II, G, 6. Where the filing will include 15 or more separately efiled exhibits, the filer shall conventionally file the pleading, or alternatively, reasonably combine the exhibits in electronic format to make a smaller number that fit within the other size constraints of the system.
 Remember: The Deficit Reduction Act of 2005 (Pub. L. 109-171) provides for an increase in the filing fee for a civil action from $250.00 to $350.00.
The Act also increases the fee for filing a notice of appeal from the district court to the Tenth Circuit Court of Appeals from $255.00 to $455.00.
These fee increases will apply to all new cases and notices of appeal filed on or after Sunday, April 9, 2006.
The Exception to Serving Parties in Criminal Cases
On some criminal cases, please note that Cecelia Swainston, the Victim/Witness Coordinator, has been added as a notice party. This is for notification purposes from the court. Counsel are not required to serve any pleadings to Ms. Swainston. Therefore, if all attorneys are E-filers, no mailing certificate is required as the Notice of Electronic Filing serves as proof of service.
 Start filing early. Don't wait until the last minute to file!
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