1. Case Management Electronic Case Filing February 2005
Introducing CM ECF
Case Management Electronic Case Filing
February 2005

2. Current Court Filing Flow

3. Current Court Document Retrieval

4. ECF Filing Flow

5. ECF Document Retrieval

14. Click to see the docket

16. Click to see the document

18. Basic Steps in ECF Login Choose a transaction Identify the case
Provide basic ‘cover’ information
Attach converted document
Word processing ---- PDF
Receive notification
Retrieve document

19. Support Options
Most technical problems are in the law firm – workstation or network – so office MIS staff is first line of support.
The court will train an-house CM/ECF expert.
Court web site has significant information.
PACER telephone tech support.
Local court helpdesk, or phone support.

20. The Basics PDF Conversion PACER E Mail Noticing Privacy Protection

21. PDF Conversion

22. Opening the Word Processing document --

23. Looking at the Word Processing document --

24. Print (save) in PDF format (Portable Document Format) --

25. View document in PDF format

26. Recommendation.doc
Recommendation.pdf

28. PDF Software PDF Viewing PDF Creation
Adobe Acrobat Reader – free
PDF Creation
Adobe Acrobat Standard/Pro
Cute PDF Writer/Cute PDF Plus
pdfFactory/pdfFactory Pro

29. PDF Creator Comparison

30. Scan existing document to PDF format

31. Scanning Tips Multiple sheet feed Scan as little as possible
50 page text document
File size KB
PDF output from word processor Kb
Scanned Kb

32. PACER Public Access to Court Electronic Records
Register on line

33. E Mail Noticing Currently – E-mail enclosing document
Under CM ECF – Notice of Electronic Filing with link to document and “free look” and service of discovery items which are not filed
80% of federal notices go out by .

34. Privacy and Public Access to Electronic Case Files

35. Issues: Is an electronic file different than a paper file?
What protections are appropriate?
Privacy vs. Access

36. Privacy Policy Redact social security numbers,* dates of birth,
financial account numbers,*
minor’s names
home addresses beyond city/state info
Any case or document may be sealed for privacy reasons
Filer must redact!
*last four digits may be shown if relevant

37. Preparation Checklist
□ Learn to use a keyboard, mouse, web browser and e mail.
□ Sign up for PACER.
□ Sign up for e-notice.
□ Take the on-line CM ECF Training.
□ Take the live CM ECF training.
□ Register as a CM ECF user.
□ Use CM ECF.

38. Electronic Filing – Best Practices
and File System Management
Deep Training and Expertise
Privacy and Rapidity Controls
Dual Monitors
Tables of Contents in File System
Linking in File System
Advanced PDF Features - Tables of Contents, Bookmarks, Thumbnails, Hyperlinks in Documents

39. Dual Monitor Systems
Operating systems since Windows 98 handle dual monitors

44. Use File System Index Features

45. Use File System Linking

46. PDF Enhancements Table of Contents Thumbnails Hyperlinks
Embedded Files

47. Advanced Preparation Checklist
□ Acquire software and learn to convert word processing documents to pdf format.
□ Acquire a scanner and learn to convert existing documents to pdf format.
□ Decide how to manage e mail notices of electronic filing, and the files created in your office and received by your office.
□ Get a dual monitor system
□ Take advanced CM ECF Training.
□ Become a CM ECF Trainer for your firm.

48. Federal Rules of Civil Procedure and Proposed Amendments to Utah Local Rules

49. Filing - Fed. R. Civ. P. 5(e) (e) Filing with the Court Defined.
. . . A court may by local rule permit papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, which the Judicial Conference of the United States establishes.  A paper filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules. .

50. Service - Fed. R. Civ. P. 5(b)(2)(D)
(2) Service under Rule 5(a) is made by:
(D) Delivering a copy by any other means, including electronic means, consented to in writing by the person served. Service by electronic means is complete on transmission; service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. If authorized by local rule, a party may make service under this subparagraph (D) through the court’s transmission facilities.

51. Service - Fed. R. Civ. P. 5(b)(3)
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served.

52. Time - Fed. R. Civ. P. 6(e)
(e) Additional Time After Service under Rule 5(b)(2)(B), (C), or (D).
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party under Rule 5(b)(2)(B), (C), or (D), 3 days shall be added to the prescribed period.

53. Amendments to Utah Local Rules
Committee preliminary approval – June 2004
Comment period July 12 - August 20, 2004
Committee final approval – October 13, 2004
Court adoption – January 28, 2005
Filing (Rule 5)
Service (Rule 7)
Format (Rule 10)

54. Amendments to Utah Local Rule 5
DUCivR 5-1 FILING OF PAPERS
(a) Electronic Filing Permitted. Papers may be filed, signed, and verified by electronic means consistent with the administrative procedures (ECF Procedures) adopted by the court to govern the court’s electronic case filing system. A paper filed by electronic means in compliance with the ECF Procedures constitutes a written paper for the purpose of applying these rules.

55. Amendments to Utah Local Rule 7
DUCivR 7-1 MOTIONS AND MEMORANDA
(a) Motions. The original and a copy of aAll motions must be filed with the clerk of court, or presented to the court during proceedings, except as otherwise provided in this rule and in DUCivR Copies shall be provided as required by DUCivR 5-1.

56. Amendments to Utah Local Rule 10
DUCivR 10-1 GENERAL FORMAT OF PAPERS
(a)Form of Pleadings and Other Papers. Except as otherwise permitted by the court or a magistrate judge for institutionalized persons, the original of all pleadings, motions, and other papers:
(1) presented for filing in person or by mail must be on 8 ½ x 11 inch white paper of good quality, with a top margin of not less than 1½ inch, all other margins of not less than 1 inch, and impression only on one side of the paper. Such originals must be two-hole drilled at the top of each page, and must be flat and unfolded, and must be plainly typewritten or printed. or
(2) transmitted for filing through the court’s electronic filing system must conform to the ECF Procedures.