September/October E Newsletter

US District Court for
the District of Utah

Volume 12
September/October 2006

Inside This Issue

Docket Text Orders	Double Check Your Efilings	Filing Amended Complaints
Filing a Notice of Removal	Filing Sealed Documents	Note from Clerk's Office
Providing Courtesy Copies	Superfilers!	Wait for Your NEF
		View Previous Newsletters

Keep your Judge Happy with Courtesy Copies!

The Administrative Procedures, Section II, Part F, Paragraph 3 has been modified to clarify that courtesy copies(when required) should be delivered contemporaneously with filing. Download your updated copy today!

Courtesy copies should be provided to the judge as soon as possible after the electronic or paper filing of a document.

REMEMBER: Courtesy copies are required on ALL dispositive motions and the responses to those motions.

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

WARNING!

Amended Complaints, Third Party Complaints, Counterclaims and Crossclaims are NOT efiled. These documents MUST be emailed to Utdecf_clerk@utd.uscourts.gov or filed in paper.

Filing Sealed Documents in CM/ECF - a Closer

CM/ECF filings are immediately available and so it is very important to follow the procedures for filing sealed documents with the court. The basic rules for filing sealed documents have not been changed by CM/ECF but the problems which can arise in legal practice have become more complex. Here’s a quick review of the procedures for filing sealed documents which should be reviewed before filing.

1. Can the document be filed under seal?

For civil cases, review DUCiv R 5-2. The rule discusses how to file a new case as a sealed case (which requires an order of the court except for qui tam actions which are sealed by statute). If and only if there is a prior order of the court may documents be filed as sealed in unsealed civil cases. Be sure that you do have the required prior order of the court before you present your sealed document to the court. The most common type of prior order is a protective order.

2. Can the sealed document be efiled?

The short answer is no. The Administrative Procedures require that sealed documents be filed in paper and served in paper.

3. How do I file the sealed documents with the court?

The process is outlined in DUCiv R 5-2. In general, the document must be clearly marked as a sealed document and presented in an envelope. The judge’s copy should be similarly identified and processed.

4. What is different about criminal cases?

More documents are filed under seal in criminal cases including CJA attorney requests for subpoenas, appointment of experts, authorization for travel and other extraordinary expenses. The process for filing these documents is the identical process as it is for the civil cases. Review DUCrim R 17-1 and DUCrim R 49-2.

5. What about ex parte motions and orders?

Attorneys may electronically file ex parte motions and orders. You can select Ex Parte (not sealed) from the drop down menu box. The motion will be entered on the docket, counsel of record will receive a NEF (Notice of Electronic Filing) and the pleading will be viewable on the Internet via PACER.

REMINDER:
When you are e-filing in CM/ECF - please remember that you must wait for the NEF to completely load before doing anything else. DO NOT click on the Blue Bar and start another e-filing until the transaction is complete.

If you rush and don't wait, it may look like your transaction completed, but something in the background may not have been completed.

If you are not sure how to efile a document call the Help Desk BEFORE you file the document!

If you believe you have filed incorrectly please call the Help Desk BEFORE you file the document again!

Helpful Hints from the Help Desk

Question: I received a docket text order in my case and cannot seem to open it. Why doesn't it bring the order up when I click on it?
Answer: When you see the words DOCKET TEXT ORDER at the beginning of the docket text it means there is no document, the text of the NEF is the order. At the end of the docket text it will also state: No attached document.
If the document number is not underlined and in color, that indicates that there is no link to a document.

In the next version of CM/ECF, this will also be indicated on the NEF, next to the document number. No Doc

If you are unsure what event to use to file a document, CALL the Help Desk at (801)524-3248.

Question: What documents do I need to file with a Notice of Removal?
Answer: You must submit a civil cover sheet, the Notice of Removal and a copy of the state court case. When you electronically file the Notice of Removal you should attach the state court case as an attachment or exhibit. The State Court case consists of the State Court filings which establish federal jurisdiction: ie Complaint from State Court and the Summons from State Court, an Amended Complaint, a Third Party Complaint, or and order allowing intervention or consolidation. It may also include any motions or answers that were filed in the State Court that relate to those pleadings.

Double Check Your Efilings

Tips

Always check your email account to ensure that you received your NEF after e-filing a document. If you do not receive one within 1-2 hours, you should contact the Help Desk, 801-524-3248. If you have elected to receive only Summary NEF's you will need to wait until the following day to verify that you have received notice for your electronic filings. It could mean a problem with the transaction or a problem with your link (as an attorney) to the case.

There are several different reports available to monitor your e-filings:

Emails Sent Report
Found under REPORTS, Local Reports
Allows you to view what you has been filed in your cases, for a specified time period.
Choice of Summary Text or Full Text
Brings up case number, case name, document number and the docket text, if chosen.
There are links to the case docket or documents, but require PACER access.

View Your Transaction Log
Found under UTILITIES, Your Account
Allows you to see what you have e-filed, for a specified time period
Brings up Case number, Date and Time of filing and the docket text.
No links to docket or documents

Docket Activity Report
Found under REPORTS, Civil and Criminal Reports
This report will require PACER access and is not subject to the 30 page billing cap
May run for a specific case or for all cases to which you are linked
May run for a specific case type or event
For a specified time period
Choice of Summary Text or Full Text
Brings up case number, case name, document number, dates entered and filed, and the docket text, if chosen.
There are links to the case docket , documents and the NEF, but require PACER access.

The Top Ten Habits of CM/ECF Superfilers

1.	Superfilers read and review the Administrative Procedures on a regular basis.
2.	Superfilers file in paper the things that need to be filed in paper, and efile the things which need to be efiled. (The Administrative Procedures shall be your guide in determining which is which.)
3.	Superfilers call upon the help desk before filing when they have a question or concern about a filing.
4.	Superfilers always check their .PDF before filing a document.
5.	Superfilers clean their cache regularly.
6.	Superfilers review the exhibits and attachments and determine an appropriate label for all that they wish to attach to an efiled pleading.
7.	Superfilers always put the case number in the subject line when sending a proposed order to chambers.
8.	Superfilers docket a document only once and do not “double docket” to correct an error without consulting the Help Desk. (This does not include situations where you must docket a memorandum when it deals with multiple motions.)
9.	Superfilers check the NEF to be sure that all non efilers on the case are correctly served.
10.	Superfilers carefully select the best event with which to name and file a pleading.

The Administrative Procedures Manual has been updated to include the instructions for paying fees on-line. You can find it on our web site at:

http://www.utd.uscourts.gov/documents/utahdraftadminproc.pdf

Download your updated version today!