Note from the Clerk's Office
Welcome to this fourth 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! 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
CM/ECF Rejected My PDF!
The December 2005 CM/ECF Version 2.5 patch release includes an
improvement to prevent the filing of PDF documents that contain
embedded files. Previously, a user could add scripts, files, and
executables as embedded attachments to a PDF file. This is no longer possible. E-filers must avoid use of this PDF-creation software feature. Once the patch is installed, CM/ECF will reject any PDF document that contains embedded
files.
New Events for E-filers
Several new events have been added to CM/ECF.
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Name of Event |
Name of Category |
| Civil |
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| |
Exhibits(for non-trial exhibits) |
Other Documents |
| |
Substitution of Counsel |
Other Documents |
| Criminal |
|
|
| |
Exhibits(for non-trial exhibits) |
Other Documents |
| |
Sentencing Memorandum |
Other Documents |
| |
Substitution of Counsel |
Other Documents |
Submission of Proposed Stipulated Orders
Section F of the Administrative Procedures states that all proposed orders shall be transmitted via e-mail to the judge in WordPerfect format. That would include orders stipulated as to form.
The attorney e-mailing the proposed order either should have or should obtain the electronic version of the document. This will allow the attorney to sign the document for all the attorneys using the /s/ as outlined in Section A of the Administrative Procedures. Counsel may obtain permission from the other attorneys of record by oral consent, e-mail or hard copy to sign the order.
Examples:
/s/ John Q. Attorney
(Signed by Filing Attorney with permission of John Q. Attorney)
/s/ Jon R. Attorney
(Signed by Filing Attorney with permission of Jon R. Attorney per email dated 12/01/2005)
/s/ Jane S. Attorney
(Signed copy of document bearing signature of Jane S. Attorney is being maintained in the office of Filing Attorney)
BE CAREFUL! |
| If you choose "Ex Parte" from the drop-down box as a descriptor for your document, it only adds to the docket text. The document WILL NOT be sealed, and CM/ECF will send a notice to all counsel of record. |
Invitation to Discuss CM/ECF Policy Issues
Your feedback, insight and concerns about CM/ECF policy issues are important. Magistrate Judge Nuffer conducts problem-solving sessions that address any problems or concerns our e-filers have. The next session will be held on Tuesday, January 17, 2006, at 9:00 a.m. in Room 405, Frank E. Moss U.S. Courthouse. If you have an urgent issue that cannot wait, please e-mail mj.nuffer@utd.uscourts.gov.
Electronic Documents Filed |
October............984
November.....1,209
December......1,345
We now have 876 registered e-filers! |
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How Do I File ____?
Problem: I am trying to help out another attorney in my firm who is not a registered e-filer by e-filing documents for him/her. How do I e-file documents on behalf of another attorney?
Response: Attorneys CANNOT e-file for another attorney. Each attorney must either file conventionally or become an e-filer.
Problem: I can't remember exactly what the purpose is for a Notice of Conventional Filing. Must I file one every time I file something on paper?
Response: The Notice of Conventional Filing is only required when you file a paper document that you would normally file electronically. Examples include memoranda in excess of 200 pages or documents that contain exhibits that are oversize and cannot be scanned. The Notice also should be used when you are having problems with your computer and need to file a document on paper to meet the filing deadline. The Notice is filed electronically and is located under the Notices category. A sample Notice of Conventional Filing can be downloaded from our web site.
| If you are unsure what event to use to file a document, CALL the Help Desk at (801)524-3248 |
Helpful Hints from the Help Desk
If the document you are filing is NOT related to a motion, check under the category:
Other Answers and Responses
Affidavit in Support (NOT to a motion)
Affidavit in Opposition (NOT to a motion)
Memorandum (NOT to a motion)
Response (NOT to a motion)
These documents will allow you to link to documents that are not motions.
As the Wave Turns
- (Talented Advice Columnist E(lle) Filer responds to questions submitted by perplexed users of the CM/ECF system. You can ask for advice about the joys and sorrows of electronic filing by sending an e-mail to louise_york@utd.uscourts.gov.)
Dear Elle;
I constantly receive e-mail from the court for cases I don’t really care about. How does the court add attorneys to cases? How does it remove them? How can I get my name removed from the list of those who are regularly noticed on a case?
Besieged by Email
Dear Besieged:
The answer to your question is in the local rules, not in the CM/ECF manuals. You are added to a case when you file a notice of appearance or appear at a hearing representing a client. (See DUCiv R 83-1.3.) Note that signing the pleading generates the notice of appearance, not the inclusion of you name as one of the several attorneys in the same firm on the pleading caption. In CM/ECF, the e-filing attorney makes his or her appearance by signing and e-filing the initial pleading and linking him/herself to the client. Each attorney must enter an appearance in order to receive notices. Separate e-filed notices of appearance by other attorneys in the firm will ensure that all receive NEFs (Notices of Electronic Filing).
But then, how do you stop receiving NEFs? The problems generally fall in one of two categories. The first is when one attorney on a team of attorneys from the same law firm representing a party leaves the firm. That attorney will continue to receive NEFs at the old firm's e-mail address until he or she withdraws from the case. DUCivR 83-1.4 outlines that process; it hasn’t changed with the transition to CM/ECF. (The proposed changes to the local rules currently in circulation for comment slightly modify the withdrawal procedure.)
The second problem of excessive noticing occurs when the party you represent is terminated in a case, but the action is ongoing. The old system allowed notices to go only to the active parties, but it gave the docketing clerk the option of choosing to send a final judgment to all parties in the case, terminated as well as pending. (That way, prior parties who had been dismissed would know when their dismissals became final.) In CM/ECF, an attorney continues to receive notice even if his or her party is terminated from the case. We can terminate the attorney so that he or she no longer gets notice. If this is what you wish to do, follow the procedure found on page 19 of the Administrative Procedures. There is a form available on our web site for this purpose. (Notice to be Removed from Service List.)
Happy Filing,
E(lle) Filer
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