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Case
Management/Electronic Case Filing 1. What is the Case Management/Electronic Case Filing (CM/ECF) system? 2. What are the benefits and features of using CM/ECF? 3. Can any member of the public use CM/ECF to file documents with the court? 4. Can the general public view CM/ECF cases and the documents in those cases? 6. What hardware/software is needed on the attorney's end to use CM/ECF? 8. How is payment of filing fees handled for CM/ECF cases? 9. How do I set up a credit card account to be used for CM/ECF cases? 11. Can an attorney add new attorneys to the database? 13. What should an attorney do if the document they are filing is not listed in the pick list? 14. How long will it take to transmit lengthy documents? 15. What happens if a document is filed in error? 16. What about court generated documents that require certification
Answer: CM/ECF is an electronic system that allows
attorneys to file petitions and other electronic documents with designated
United States courts through the Internet by using a standard web browser.
In addition, it allows court personnel to manage the case electronically.
The result is a completely electronic "case file" that does not have
any papers associated with it at the court. Therefore, all case information
is available for examination electronically through the Internet. 2.
What are the benefits and features of using CM/ECF?
Answer: There are a number of significant benefits
and features for courts, attorneys, and the public: 3.
Can any member of the public use CM/ECF to file documents with a court?
Answer: No. Access to CM/ECF is available to authorized
attorneys, trustees, and on a limited basis to high volume creditors. 4.
Can the general public view CM/ECF cases and the documents in those cases?
Answer: Access to view cases and documents in CM/ECF
is available to anyone with a PACER login and password. PACER offers
convenient electronic access to case file documents, listing of all
case parties, reports of case related information, chronologies of events
entered in the case record, claim registries, listing of new cases,
judgments or case status, and a calendar of events. However, as a result
of the policy recently adopted by the Judicial Conference, the public
cannot view documents filed in Civil Social Security Appeal cases or
Criminal cases.
To defray the costs of PACER and CM/ECF, the Judicial Conference has
set a fee of 7-cents per page for electronic court data via the Internet,
except for calendar information, for which there is no charge. Parties
entitled to documents as part of the legal process receive a free electronic
copy, although they will be charged for replacement copies, whether
in paper or electronic form. 5.
Since access is limited to authorized attorneys, is there any way for
pro se filers or attorneys without Internet access to file documents
in CM/ECF cases?
Answer: Yes. The system also is capable of accepting paper
input from pro se filers and others as necessary. The court
converts all paper filings to electronic format by scanning and adding
the scanned image into the CM/ECF system. 6.
What hardware/software is needed on the attorney's end to use CM/ECF?
Answer: Attorneys will need the following hardware
and software to electronically file, view, and retrieve documents in
the electronic filing system:
Answer: Adobe Acrobat is commercial software from Adobe
that allows you to convert your documents in PDF (portable document
format). All documents filed in CM/ECF must be in PDF format. Acrobat
Exchange is available from commercial software retailers for approximately
$200 - $300. Adobe also distributes a program called Acrobat Reader
that allows you to view and print (but not create) PDF documents. The
reader is available for free download from www.adobe.com. 8.
How is payment of filing fees handled for CM/ECF cases?
Answer: When registering, the Credit
Card Blanket Authorization (PDF)
must be filled out and mailed or delivered to the Clerk's Office in
San Antonio (P.O. Box 1439, San Antonio, Texas 78295-1439). The Finance
Office retains the original credit card authorization form and secures
the information in the vault, in accordance with Federal financial regulations.
Access to the credit card authorizations and information is limited
to only a few authorized personnel. At this time we can accept the following
credit cards: American Express, Diner's Club, MasterCard, and Visa.
For filings that require a fee, the credit card charge will be processed
the following business day. 9.
How do I set up a credit card account with the court to be used for CM/ECF
cases?
Answer: As part of the CM/ECF
registration process, fill out the Credit
Card Blanket Authorization form (PDF)
and send it in as part of your registration package. Once the court
has the authorization on file and you complete the CM/ECF training program,
you will be given your login name and password to begin filing documents
with the court that require filing
fees. The following are some suggestions from members of the bar on using credit cards for the payment of filing fees: 10.
How is the requirement of an original signature (attorney and/or debtor)
handled for CM/ECF cases?
Answer: There are two distinct issues: attorney signatures
and debtor signatures.
When registering to use the system, attorneys sign an agreement to the
effect that use of their login name and password (whether by themselves
personally or by delegation to another person in their office) constitutes
their signatures on the documents electronically filed.
For documents that must be signed by the debtor (such as petitions,
lists, schedules, statements, etc.), originally executed paper copies
must be kept by the debtor's attorney for four years after the closing
of the case. The electronically filed document will indicate a signature,
e.g. "/s/ Jane Doe"
For more information on this topic see, the Administrative
Procedures for Filing, Signing and Verifying Pleadings and Papers by
Electronic Means (PDF). 11.
Can an attorney add new attorneys to the database?
Answer: No. Only court staff with appropriate permissions
may add attorneys to the database as system users. However, it is possible
for an attorney to add another attorney to a case, and to the database,
during case opening. The new attorney would NOT have filing privileges.
In order to obtain those privileges, the attorney must make the proper
application to the court to obtain a login and password. 12.
Can an attorney authorize someone in the attorney's office (such as a
paralegal) to use the attorney's login name and password to file documents
in CM/ECF?
Answer: Yes, but the court recommends that such access
be very limited and controlled. Anything that is filed under the attorney's
login and password is deemed to have the attorney's signature on it. 13.
What should an attorney do if the documents they are filing are not listed
in the pick list?
Answer: If the document is not in the pick list please
use the generic document and generic motion/application events. 14.
How long will it take to transmit lengthy documents?
Answer: The time it takes to transmit a document primarily
depends on the user's Internet Service Provider (ISP), modem speed,
and the size of PDF file being transmitted. Generally, the larger the
file, the longer it will take to load. 15.
What happens if a document is filed in error?
Answer: Most errors will be immediately advertised
through the real time electronic notices and access to the docket report;
making deletions of entries to the docket or associated PDF documents
is very rare, if ever. CM/ECF allows court personnel to edit errors
made in the docket entry. Besides making the appropriate corrections,
the court may need to ask participants to submit amended pleadings.
Instances that affect calendar entries and noticing will need to be
re-docketed 16. What about court generated documents that require certification?
Answer: On request, a copy of the document can be printed
with the certification or seal in the traditional manner, however, there
is a fee of $7.00 per certification, plus a copy. |
