U.S. Bankruptcy Court - Texas Western

Case Management/Electronic Case Filing Frequently Asked Questions

1. What is the Case Management/Electronic Case Filing (CM/ECF)?
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?
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?
6. What hardware/software is needed on the attorney's end to use CM/ECF?
7. What is Adobe Acrobat?
8. How is payment of filing fees handled for CM/ECF cases?
9. How is the requirement of an original signature (attorney and/or debtor) handled for CM/ECF cases?
10. Can an attorney add new attorneys to the database?
11. Can an attorney authorize someone in their office (such as a paralegal) to use their login name and password to file documents in CM/ECF?
12. What should an attorney do if the document they are filing is not listed in the pick list?
13. How long will it take to transmit lengthy documents?
14. What happens if a document is filed in error?
15. What about court generated documents that require certification?

1. What is the Case Management/Electronic Case Filing (CM/ECF)?

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:

Registered attorneys are able to file documents with the court 24-hours per day, 7 days per week.
Full case information is available to attorneys, parties, and the general public through the Internet. This includes the ability to view the full text of all filed documents.
Attorneys filing over the Internet automatically create docket entries.
Attorneys on the system can receive notices electronically in CM/ECF cases, thus saving the cost to both the court and attorneys of handling and mailing paper notices. It also greatly speeds delivery and allows easier tracking of case activity.
Since the project uses Internet standard software, the out-of-pocket cost of participation for attorneys is typically very low.

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:

A personal computer running a standard platform such as Windows, Windows 95, Windows 98, or Macintosh.
An Internet provider using Point to Point Protocol (PPP).
Netscape Navigator version 4.6 or 4.7 (Netscape 6 is not recommended) or Internet Explorer version 5.5. DO NOT USE America On Line's version of Netscape Navigator, or a version of Netscape Navigator lower than 4.7.
Adobe Acrobat PDF Writer software to convert documents from a word processor format to portable document format (PDF). Acrobat Writer Versions 4.0 and 5.0 adequately meet the CM/ECF filing requirements. Some newer version of WordPerfect and Word have PDF software exchanges built into their programs, however the Adobe software creates the cleanest conversions with the smallest file size.
A PDF compatible word processor like Macintosh or Windows based versions of WordPerfect and Word.
A scanner to transmit documents that are not in your word processing system
If you use a modem to connect to your Internet service provider, we recommend one with a speed of at least 56k. We would further like to recommend the use of a DSL or cable modem line in lieu of a standard telephone line.

7. What is Adobe Acrobat?

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: Attorney filers use Internet Credit Card Processing to pay filing fees with their credit card at the time of e-filing or at the end of the day. They get a receipt number immediately upon charging their credit card. They can review their Internet credit card transaction payment history at any time, review any outstanding payments due to the Court at any time and make online payments of unpaid balances at any time.

Internet Credit Card (CBT)

The following are some suggestions from members of the bar on using credit cards for the payment of filing fees:

Obtain a sufficient credit limit on the card. Communicate with the credit card company and tell the company what you are doing and how you will be using the credit card. Most credit card companies are willing to work with you on obtaining a higher limit for this usage.
Obtain a credit card that you can track your balance/limit over the Internet.
For bookkeeping purposes, use the card solely for court costs. Since filing fees have to be paid through trust accounts, having all filing fees paid through this credit card, one check can be cut from the trust account to pay for all filing fees for the month.
Establish a credit card through a bank that you deal with regularly.

9. 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).

10. 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.

11. 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.

12. 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 doc and generic motion/application events.

13. 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.

14. 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 redocketed.

15. 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.