US District Court for
the District of Utah |
Volume 8
May 2006 |
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.
Efiling is now MANDATORY for all members of the Court's Bar! If you are not yet a registered efiler 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
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If you are not sure how to efile a document call the Help Desk BEFORE you file the document! |
Combination Documents
How can I tell if I am filing a combination document? Why are combination documents a problem now when I have been filing them for years?
A combination document contains more than one type of document. Some examples would be:
• Defendant’s Memorandum of Law in Opposition to Plaintiff’s Motion to Compel and Memorandum in Support of Protective Order (combines memoranda relating to two motions);
• Memorandum in Support of Defendant’s Motion For Summary Judgment and in Opposition to Plaintiff’s Motion for Summary Judgment (combines memoranda relating to two motions);
• Memorandum in Opposition to Plaintiff’s Motion for Summary Judgment AND Motion to Strike Affidavit (combines memorandum on one motion with another motion);
• Objection to Amended Scheduling Order AND Request to Modify the Same (combines memorandum on one motion with another motion);
• Stipulated Motion for Dismissal and Order (combines a motion and order).
These are a few of the combination documents that the Court has recently seen.
There are three issues with combination documents:
A. Including an Order in the text of a motion is prohibited by local rule DUCivR 10-1 (a)(2). Because a motion must be docketed in the court’s file and that act of docketing “fixes” the document, an order cannot be included in the text of a motion. The order should be a separate document, attached to the motion in PDF format, and emailed to the judge’s email address in WordPerfect or MS Word format.
B. A combination memorandum, declaration, objection, etc., will not be able to be linked to each and every document to which it pertains unless each part of the combination document is efiled separately. Except for motions, every document filed is linked to the motion or other document to which it pertains. This way, when each motion is viewed by the judge in the motions report, the document shows up as pertaining to each linked motion.
C. A motion cannot be docketed simultaneously with a memorandum or objection pertaining to a separate motion. When a motion is included in a combination document rather than as a separate document, the motion does not appear on the judge's reports. There is also the possibility that the motion may be missed and not ruled on.
In the past, the Court would review paper documents as they were filed and docket the multiple parts of the document if necessary. Thus, the memorandum or objection and motions all were made a part of the record and would show up on the reports. With efiling, counsel are responsible for ensuring that each part of the document is filed and linked as appropriate. This will ensure a complete and accurate record, and the pending motions will appear on the proper reports.
The only combination documents that are allowed to be filed are motions. If you are filing a document that contains multiple motions, always remember to select each type of relief that you are asking for when efiling the document. By selecting every type of relief, you are ensuring that each motion will appear on the Judge’s Motion Report.
Give the Judge "One-click" Access to Your Cited Authorities!
Wouldn’t it be great if you knew the judge reading your memorandum could click on each authority you cite and be instantly taken to the case opinion, statute, or rule? The Administrative Procedures II. C. 1. provide that "citations of legal authority in standard citation format may be hyper linked to recognized electronic research services, such as Westlaw, Lexis/Nexis, Findlaw and official government sites." Free tools from Westlaw and Lexis make it easy to add hyperlinks to your memoranda with one click of a special tool button. Then, when the judge or law clerk reading your memorandum wants to review your authority, it is only a click away. The court has Westlaw and Lexis access. A recent survey of judges' chambers indicates both are used, but Westlaw use is predominant.
Click here to see an example from Magistrate Nuffer's Resources Page .
Click here to see a sample document with hyperlinks. Another sample. Another sample with a hyperlink table of contents as well.
Use these links to obtain free software: WestCiteLink or LexLink, part of LexisNexis Citation Tools 2003.
The Art of Proper Linkage
When I am filing a document, I often see the screen that says "Should the document you are filing link to another document in this case?" Why is linkage so important,and how do I know what I should link to?
If your document relates or responds to another document that was previously filed, then it should link to that document. Example: A Motion to Dismiss is filed, then a separate Memorandum in Support of Motion to Dismiss is filed. The Memorandum in Support should be linked to the Motion to Dismiss. Opposing counsel will file a Memorandum in Opposition to Motion to Dismiss, which should be linked to the Motion to Dismiss. Then a Reply to Response to Motion to Dismiss is filed and again linked to the Motion to Dismiss.
Also, if exhibits, affidavits, or declarations are filed with the Memorandum in Opposition or the Reply to Response to Motion, choose
Affidavit under Other Documents; then link to the Memorandum or Reply and the Motion. This will ensure the affidavits, etc. are shown as a related transaction on the judge’s pending motions report.
In our example, the Motion to Dismiss is the document that initiated all of the action. Therefore, all of the documents relating to it should be linked back to it. When the judge runs pending motions report it will look something like this:(this is a simplified example of the report)Click here to see a sample of an actual pending motions report.
Motion to Dismiss
Docket text and related filings:
Memorandum in Support
Memorandum in Opposition
Affidavit in Support of Memorandum in Opposition
Reply to Response to Motion
Exhibits A-G to Reply to Response to Motion
Proper linkage is important so all documents relating to the Motion appear together in the report and so they all can be examined and taken into consideration by the judge. There is no need to also link to the Memorandum in Support of the Motion; just link to the Motion that began all of the activity, to which you are responding.
If you are filing an objection or response to something other than a motion, use one of the categories that can be found under "Other Answers and Responses" such as Memorandum (NOT to motion), Response (NOT to motion), Objections, Affidavit in Opposition (NOT to motion), Affidavit in Support (NOT to motion). These categories (events) will allow counsel to link to any document filed on the docket.
When in doubt as to which document, if any to link to remember to link to the document that initiated the action. If you are still unsure, call the Help Desk at (801) 524-3248 before filing.
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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
If you are including a CrossClaim, CounterClaim, or Third-Party Complaint with your Answer, please be sure to list or indicate that part of the document's title on the front of the pleading. This will help ensure that the docket clerk will add the additional claims to the case.
When filing a document, that does not link to anything on the docket, leave the check box blank in front of the question "Should the document you are filing link to another document in this case?". CM/ECF will bypass that screen to pick a document. Please refer to the above article The Art of Proper Linkage if you are unsure if your filing should link to another document.
Adding and Removing Attorneys from the Service List
Attorneys must individually (and under their personal login and password) file the Notice of Removal from Service List and Notice of Appearance.
ATTENTION EFILERS OF CRIMINAL DOCUMENTS
We have had a number of documents regarding presentence reports efiled as a "Response" to the presentence report. The following events are the only two events that should be used to respond or object to a presentence report:
Objection to Presentence Report
Position on Sentencing Factors (if there are no objections to the Presentence Report)
U.S. Probation tracks the efiling of these documents (which are used only for presentence reports). If any other event (e.g., Response, which is a generic event) is used, probation will not receive proper notification.
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Our website has lots of information and help for filers! It includes a Training Database to practice filing in, Sample documents, Manuals, and Reference Materials. Remember to keep your Administrative Procedures up to date as well!
