UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
Electronic Filing Guide
Electronic Filing Procedures Guide October 2020 1
Table of Contents
1. Authorization for Electronic Filing ......................................................................................... 1
2. Definitions and Instructions..................................................................................................... 1
3. Application of Rules and Orders ............................................................................................. 2
4. Applicable Cases ..................................................................................................................... 2
5. Social Security Cases............................................................................................................... 2
6. Registration.............................................................................................................................. 2
7. Pay.gov .................................................................................................................................... 4
8. Filing of Civil Case Initiating Documents, Payment of Filing Fee and Service of Summons 4
9. General Format of Documents to be Filed Electronically ....................................................... 5
10. Filing Documents Electronically.......................................................................................... 5
11. System Availability .............................................................................................................. 6
12. Civil and Criminal Dockets.................................................................................................. 6
13. Service of Filed Documents ................................................................................................. 7
14. Attorney Termination of Service ......................................................................................... 7
15. Electronic Filings ................................................................................................................. 8
16. Chambers Copy .................................................................................................................... 8
17. Motion to File Late Document ............................................................................................. 8
18. Motions to Amend and/or Supplement ................................................................................ 8
19. Conventional Filings ............................................................................................................ 9
20. Signature Block.................................................................................................................... 9
21. Ex Parte Documents / Sealed Documents.......................................................................... 10
22. Proposed Orders ................................................................................................................. 10
23. Orders Issued By The Court .............................................................................................. 11
24. Trial Exhibits ..................................................................................................................... 11
25. Official Record................................................................................................................... 11
26. Remote Public Access ........................................................................................................ 12
27. Privacy ............................................................................................................................... 12
28. Additional Information ...................................................................................................... 13
Electronic Filing Procedures Guide October 2020 i
Introduction
Case Management/Electronic Case Files (CM/ECF) is a case management system
implemented by the Federal Judiciary for all bankruptcy, district and appellate courts. This
technology is Internet-based, user friendly, and offers numerous benefits to attorneys, the
Court, and the public including access to most case records via the Internet.
Since January 3, 2006, the U.S. District Court for the District of Alaska has required all
attorneys in civil and criminal cases to file documents with the Court electronically through
the CM/ECF system. Only registered attorneys, as Officers of the Court, are permitted to file
electronically. Non-attorneys must continue to file documents conventionally, i.e., on
“paper.” Non-attorneys may, however, access the public documents on-line through the
Public Access to Court Electronic Records (PACER) System, or at a terminal located in the
Clerk’s Office in Anchorage, Juneau and Fairbanks. 1
Users with questions regarding filings should call the Case Administrator or Data Quality
Analyst (DQA) of the assigned judge. This information can be found on the Court’s website
at: www.akd.uscourts.gov/attorneys, or by calling (907) 677-6130. Questions regarding
filings which do not require immediate attention may also be sent to
[email protected].
1. Authorization for Electronic Filing
This Electronic Case Filing Guide, as well as the Attorney’s User Manual, govern electronic
filing in this district; unless, due to extraordinary circumstances in a particular case, a judicial
officer determines that this Electronic Case Filing Guide should be modified in the interest of
justice. See FED. R. CIV. P. 5(d)(3), FED. R. CRIM. P. 49(e) and Local Civil Rule 5.1 and Local
Criminal Rule 49.1.
2. Definitions and Instructions
The following definitions and instructions apply to these Electronic Case Filing Guide:
2.1 The term “document” includes pleadings, motions, exhibits, declarations,
affidavits, memoranda, papers, orders, notices and any other filing by or to the
Court.
2.2 The term “component” includes all documents, other than exhibits, which are
filed in conjunction with, or in support of, another document.
2.3 The term “party” includes counsel of record and self-represented litigants.
1
Access through PACER requires a PACER account and is subject to a fee. Access through the terminal
located in the Clerk’s Office is without charge. A fee is charged for printing copies of documents. See
Local Civil Rule 79.2(b).
Electronic Filing Procedures Guide October 2020 1
2.4 All hours stated are Alaska Standard Time or Alaska Daylight Time.
3. Application of Rules and Orders
Unless modified by order of the court or approved stipulation, all Federal Rules of Civil and
Criminal Procedure, Local Rules, and Orders of the Court will continue to apply to cases filed
electronically.
4. Applicable Cases
Effective January 3, 2006, unless otherwise ordered by the court, attorneys admitted to practice
in this district are required to file all documents electronically in all civil and criminal cases.
The requirement for electronic filing applies to all cases regardless of when the case was
initiated.
5. Social Security Cases
Unless otherwise ordered by the court, all documents, notices, and orders in Social Security
reviews filed on January 3, 2006, or later, must be electronically filed and noticed.
To address the privacy issues inherent in a Social Security review, Internet access to the
individual documents will be limited to counsel and court staff. Access to docket reports will
be available over the Internet to non-case participants.
6. Registration
In order to effectively use the electronic filing system, users will need both a CM/ECF account
and a PACER account.
• CM/ECF Account: An attorney seeking to file documents electronically must
complete either this Court’s Attorney CM/ECF Training Session or its Computer
Based Training Program or alternatively, is registered as a CM/ECF participant in
another court. Upon completion of one of the training sessions, or proof of
registration with another court, the attorney must submit a completed Electronic Filing
System Registration form, prior to being assigned a CM/ECF user identification name
and password that will serve as that party’s signature for all purposes, including FED.
R. CIV. P. 11. [See Local Civil Rule 5.1(e).]
• By participating in CM/ECF, registered attorneys consent to electronic service of all
documents, and must make available electronic mail addresses for service, unless the
attorney has been exempted from participating in the CM/ECF System. [See Local
Civil Rule 5.1.]
• Online registration forms are available on the Court’s website
(www.akd.uscourts.gov). Attorneys seeking to file electronically must be admitted to
Electronic Filing Procedures Guide October 2020 2
practice in the U.S. District Court for the District of Alaska. All completed
Registration Forms must be signed by the registrant and emailed to
[email protected] or addressed to:
U.S. District Court Clerk’s Office
CM/ECF Attorney Registration
James M. Fitzgerald Courthouse
222 West 7th Avenue, Box 4
Anchorage, Alaska 99513-7564
• Once registration is completed, the Attorney Registration Clerk will email the registrant
with a user login name and password.
Parties agree to protect the security of their passwords and immediately notify the Clerk of
Court if they learn that their password has been compromised
• PACER Account: In order to retrieve documents from the CM/ECF system over the
Internet, all users, including members of the public, must have a PACER account.
PACER is a national system that provides case information from all federal courts.
• Users who do not have a PACER account will be unable to view or retrieve docket
sheets or documents over the Internet, but may access that information, unless otherwise
restricted, at the courthouse. PACER accounts can be established through the PACER
Service Center:
http://pacer.psc.uscourts.gov
PACER Service Center
P.O. Box 780549
San Antonio, TX 78278
(800) 676-6856 or (210) 301-6440
• Under the PACER system, parties and counsel of record are entitled to one free copy of
each document filed in their cases, so long as they retrieve the document within 15
days of filing. Subsequent access to those documents, or access to documents in other
cases, are subject to PACER billing fees. See the PACER website for current rates and
details.
• A registered participant may withdraw from participation in the CM/ECF System by
providing the Clerk of Court with written notice of withdrawal. Upon receipt of a
written notice of withdrawal, the Office of the Clerk will immediately cancel the
participant’s password and delete the participant from any applicable electronic
service list. Unless otherwise ordered by the court, withdrawal by an attorney in the
CM/ECF System does not relieve the attorney of the obligation to comply with Local
Civil Rule 5.1(e).
Electronic Filing Procedures Guide October 2020 3
7. Pay.gov
Attorneys wishing to pay new civil filing fees, civil appeal fees or Pro Hac attorney admission
fees using a credit card, must register with Pay.gov at: www.pay.gov.
Attorneys who wish to pay their Pro Hac attorney admission fee via Pay.gov must file their
Motion to Appear using the event “Appear as Pro Hac Vice (Non-Resident) Attorney using
Pay.gov” located in the “Motions” menu.
8. Filing of Civil Case Initiating Documents, Payment of Filing Fee and
Service of Summons
Case initiating documents (e.g., Complaints, Notices of Removal, Civil Cover Sheet,
Summons) may be sent by email or U.S. Mail, or delivered in person or by courier to the
Clerk’s office. The preferred method is to receive case initiating documents by email in (.pdf)
format at the following address:
[email protected]. The subject matter of the
email should read “name of divisional office-new civil case”, i.e., “Anchorage-new civil
case.” Parties filing case initiating documents via email will be contacted by the Clerk’s
Office to obtain the method of payment for the case opening fee. All new case filing fees must
be received by the Clerk’s office no later than 3 business days after receipt of the case
initiating documents. The case will be filed the date that the filing fee or application to
proceed in forma pauperis is received.
Attorneys wishing to pay their civil filing fee using Pay.gov must email their case initiating
documents in (.pdf) format to the following address:
[email protected]. The
subject matter of the email should read “name of divisional office-new civil case”, i.e.,
“Anchorage-new civil case.” The submitting office will be contacted by the Clerk’s Office
and will be provided the case number for counsel to upload documents. The filing fee must
be paid the day the original email to the
[email protected] email address is
received.
A defendant or defendants desiring to remove any civil action from state court under 28 U.S.C.
§1446 must file a Notice of Removal signed in accordance with FED. R. CIV. P. 11 and
containing a short and plain statement of the grounds for removal, together with a copy of all
process, pleadings and orders served upon such defendant or defendants in such action.
Parties filing a Notice of Removal should refrain from submitting any additional state
court documents, other than those required by 28 U.S.C. §1446, until directed to do so
by the Court’s Notice to Petitioner Subsequent to Removal.
Parties requesting summons to be issued may present them to the court by email, by U.S. mail,
or by delivery in person to the Clerk’s Office. The party requesting the issuance of summons
must complete the top portion of the summons form. To submit the summons by email, they
Electronic Filing Procedures Guide October 2020 4
must be sent to
[email protected]. If the summons is submitted after the case
initiating documents, the subject matter of the email should read “name of divisional office-
summons for new civil case,” i.e., “Anchorage-summons for new civil case.”
Once the summons has been issued, the Clerk’s Office will notify the requesting party that the
summons is available for pick up at the Clerk’s office, or, if a self-addressed stamped
envelope was submitted, the summons will be mailed to the requesting party.
A party may not electronically serve a summons, but instead must perfect service according to
FED. R. CIV. 4. Affidavits of service that pertain to an executed summons, may be filed
electronically through ECF.
9. General Format of Documents to be Filed Electronically
Electronically filed documents must meet the requirements of FED. R. CIV P. 10, Local Civil
Rule 7.4 and Local Criminal Rule 49.1, as if they had been submitted on paper. Documents
filed electronically are also subject to any page limitations set forth by Court order or by Local
Civil Rule 7.4(a).
Unless otherwise ordered by the Court, participants in the CM/ECF System must submit all
documents required to be lodged with the court, (i.e. proposed orders, findings of fact and
conclusions of law, and proposed judgments as attachments to the main document.)
10. Filing Documents Electronically
Electronic transmission of a document consistent with the procedures adopted by the Court
will constitute filing for all purposes of the Federal Rules of Civil and Criminal Procedure and
the Local Rules of this Court and will constitute entry of that document on the docket sheet
maintained by the Clerk, pursuant to FED. R. CIV. P. 58 and 79 and FED. R. CRIM. P. 55.
A “Notice of Electronic Filing” (NEF) acknowledging that the document has been filed will
immediately appear on the filer’s screen and will be transmitted to the registered parties of the
case. Parties can also verify the filing of documents by inspecting the Court’s electronic docket
sheet. The Court may, upon the motion of a party or upon its own motion, strike any
inappropriately filed document.
Documents filed electronically must be submitted in Adobe Acrobat (.pdf) format and may not
exceed 10.0 megabytes.
Filing documents electronically does not alter any filing deadlines. All electronic transmissions
of documents must be completed (i.e., received completely by the Clerk’s Office) prior to
midnight in order to be considered timely filed that day. Parties are permitted to file documents
electronically 24 hours a day. Attorneys and parties are strongly encouraged to file all
Electronic Filing Procedures Guide October 2020 5
documents during normal working hours of the Clerk’s Office (8:00 a.m. - 5:00 p.m.) when
assistance is available.
Any party filing a pleading or other document electronically or conventionally, which is time-
sensitive, must immediately contact the Clerk’s Office at 907-677-6130 and advise them of the
time-sensitive filing. The filer should be prepared to provide the Clerk’s Office staff with the
following information: case number and docket number.
Unless exceptional circumstances exist that prevent the document from being transmitted
during regular business hours, the participant must make every effort to transmit any time-
sensitive document during regular business hours on or before the date the document is due.
11. System Availability
The Court’s CM/ECF system is designed to provide service 24 hours a day. Registered
attorneys are encouraged to file documents in advance of filing deadlines and during normal
business hours.
Periodic maintenance will cause a temporary unavailability of CM/ECF. In such instances, the
Court will make every effort to publish the date and duration of the anticipated unavailability
on the Court’s web page.
If a participant in the CM/ECF System is unable to transmit a time-sensitive document
electronically, due to technical failure of either the CM/ECF System or the participant’s system
or internet service provider problems, the participant must promptly contact the judicial
officer’s Data Quality Analyst telephonically and make alternate arrangements for filing the
document in electronic format during normal working hours.
12. Civil and Criminal Dockets
The registered attorney electronically filing a pleading or other document is responsible for
designating a proper docket entry title for the document, by using one of the event categories
prescribed by the court.
Once a document is electronically filed it becomes part of the electronic case file. Once the
transaction is accepted, CM/ECF will not permit the filing party to make changes. The Clerk's
staff will edit the docket text to clarify what the filing error is and the appropriate action
necessary to correct the filing error. In some instances, the Clerk's staff will enter a Docket
Annotation to notify the parties of how to comply with quality control standards. The filing
party will be advised if the document needs to be refiled (i.e., the wrong event was selected).
Electronic Filing Procedures Guide October 2020 6
13. Service of Filed Documents
Upon the entry of a document in the CM/ECF System, whether filed electronically or
conventionally and uploaded by the clerk, a “Notice of Electronic Filing” (NEF) will
automatically be generated by CM/ECF and sent electronically to the email addresses of
registered attorneys in the case. In addition to receiving NEFs, the parties are strongly
encouraged to sign onto CM/ECF at regular intervals to check case activity. Service by email
constitutes service in accordance with FED. R. CIV. P. 5(b)(2)(E) and FED. R. CRIM. P. 49(b).
Service must be affected conventionally (non-electronic) on pro se parties.
A certificate of service will indicate that service was accomplished in accordance with the
Court’s electronic filing procedures. The following is a suggested certificate of service for
electronic service:
Certificate of Service
I hereby certify that on [date], a copy of foregoing [name of
document] was served electronically on [names of parties
served].
s/ [Name of Password Registrant]
It is the responsibility of the filing party to ensure that all other parties are properly served.
FED. R. CIV. P. 5(b)(2)(E) notes that service by electronic means is not effective if the party
making service learns that the attempted service did not reach the person to be served. If a
party requiring service is not listed on the NEF receipt as having been sent an NEF of the
filing, the filing party must serve that party by other appropriate means. The following is a
suggested certificate of service for electronic and non-electronic service:
Certificate of Service
I hereby certify that on [date], a copy of foregoing [name of
document] was served electronically on [names of parties
served electronically] and on [name(s) and address(es) of
parties served by mail] by regular U.S. mail.
s/ [Name of Password Registrant]
14. Attorney Termination of Service
In order to ensure attorneys receive notice of necessary post-judgment documents (i.e. appeals,
bill of costs, etc.) an attorney will not automatically be terminated at entry of judgment. In
order to be terminated from service in a case, the attorney must electronically file a "Notice-
Other" and state in the notice that he/she is no longer active in the case and authorizes the
Electronic Filing Procedures Guide October 2020 7
Clerk's Office to terminate service of all future documents filed in the case. This procedure
does not apply for attorneys who are requesting withdrawal and/or substitution of counsel.
[See Local Civil Rule 11.1(c)].
15. Electronic Filings
A key objective of the electronic filing system is to ensure that as much of the case as possible
is filed, stored, and made available electronically. To facilitate electronic filing and retrieval,
documents filed electronically may not exceed 10.0 megabytes. Documents exceeding 10.0
megabytes in size must be broken into sequentially numbered component parts not exceeding
10.0 megabytes each. The foundation document, (motion) must be filed with documents
related to the foundation document, (i.e. memorandum of law, supporting affidavit, and
exhibits, as attachments to the main document.) Exhibits that are not available in electronic
format may only be filed conventionally, wi t h an order of the court, attached to a copy of the
NEF for the electronically filed document to which the exhibit(s) relate. If an exhibit is filed
conventionally, the filer must include a “dummy” page in the appropriate place sequentially in
the electronically filed document to which the exhibit applies, with a conspicuous notation in
the middle of the page “Exhibit (insert exhibit number and brief description of the exhibit)
filed conventionally. [See Local Civil Rule 7.3(c)].
16. Chambers Copy
A complete and legible paper copy of every pleading, document, or paper exceeding twenty-
five (25) pages, filed conventionally or electronically, must be provided for use by the judge in
chambers. If the original pleading, document, or paper was filed electronically, the chambers
copy must be attached to a copy of the Notice of Electronic Filing and must be printed with
the ECF .pdf footer on each page. [See Local Civil Rule 5.4].
17. Motion to File Late Document
A party who moves to file a late document must attach a copy of the proposed late-filed
document as an exhibit to the Motion to File. The exhibit must be labeled “PROPOSED.” If
the Motion to File is granted, the requesting party must then electronically file the late
document without delay, or within the time frame ordered by the court. The clerk will not
convert the exhibit to the underlying Motion into a new filing. [See Local Civil Rule
7.3(j)].
18. Motions to Amend and/or Supplement
A party who moves to amend or supplement must attach a copy of the proposed amended
pleading or document as an exhibit to the Motion. The exhibit should be labeled
“PROPOSED.” If the Motion to Amend or to Supplement is granted, the requesting party must
then electronically file the amended or supplemental document without delay, or within the time
Electronic Filing Procedures Guide October 2020 8
ordered by the court. The clerk will not convert the exhibit to the underlying Motion into a
new filing. [See Local Civil Rule 15.1 and Local Civil Rule 7.1(d)(2)].
19. Conventional Filings
A. By Non-Attorneys. Non-attorney filers may not file documents electronically,
but must file all documents conventionally (on paper). T he filer must retain a copy of any
conventionally filed paper document. Once the document is uploaded into the CM/ECF System
it will be discarded in accordance with otherwise applicable rules and regulations.
B. By Registered Users. Under certain limited circumstances, registered attorneys
otherwise participating in CM/ECF may be excused from filing a particular exhibit
electronically, such as when the exhibit is not available in electronic format or a component
exceeds the file size limit from filing a particular exhibit electronically, such as when the
exhibit is not available in electronic format or exceeds the file size limit. [See Local Civil Rule
7.3(c)]. Such exhibit must not be filed electronically, but instead must be conventionally filed
with the Clerk of Court and served on the parties, in accordance with the applicable Federal
Rules of Civil and Criminal Procedure, and Local Rules for filing and service of non-
electronic documents. A party may seek to have an exhibit excluded from electronic filing
pursuant to FED. R. CIV. P. 26(c).
C. Retention of Uploaded Conventionally Filed Documents. The responsibility of
converting documents to electronic (.pdf) format rests with the registered attorney filing the
document. Once a document is scanned into the CM/ECF System, the electronic version
becomes the official record of the Court and permits the Clerk of Court to retain, return or
discard the original. If a party believes that retention of the original is warranted, a copy of
the document should be filed with the Court and the party should retain the original. A party
may also request at the time of filing, through a separate document, that the original be
returned, rather than discarded, should the Clerk’s Office determine it is no longer needed by
the Court.
20. Signature Block
The registered attorney’s identification name and password constitutes the attorney’s signature
for the purposes of FED. R. CIV. P. 11. [See Local Civil Rule 5.1(e)(1)(A)]. All documents
filed electronically must include a signature block in compliance with the appropriate Local
Civil and Criminal Rule and include the typewritten name of the attorney and the party they
represent. In addition, the name of the registered attorney under whose password the
document is submitted should be preceded by a “s/” and typed in the space where the signature
would otherwise appear.
s/ [Name of Password Registrant]
[Typed name of Lawyer]
Electronic Filing Procedures Guide October 2020 9
[Alaska Bar Number (if applicable)
or Lawyer Name, Pro Hac Vice]
Documents requiring signatures of more than one party must be filed either by submitting a
scanned document containing all necessary signatures or a listing of all of the names of the
signatories on the document by means of a “s/[name](consent)” signature block for each. By
submitting such a document, the filer certifies that each of the other signatories has expressly
agreed to the form and substance of the document and that the filer has been authorized to
submit the document on their behalf. [See Local Civil Rule 5.1(e)(1)(B)]. Physical, facsimile
or electronic signatures may be used to satisfy the requirements of this provision.
21. Ex Parte Documents / Sealed Documents
Any document submitted for filing ex parte or under seal must be accompanied by a motion
and proposed order authorizing such filing. A motion to seal documents will be filed as a
public document. A declaration or affidavit will be docketed separately and filed under seal
with the proposed sealed document attached.
A motion to file a document ex parte may be filed ex parte without prior court order. A copy
of the proposed ex parte document must be attached to the motion. If the Motion for Leave is
granted, the requesting party must then electronically file the sealed or ex parte document
without delay, or within the time ordered by the court. The clerk will not convert the exhibit to
the underlying document into a new filing. The electronic filing of documents under seal or ex
parte is governed by Local Civil Rule 7.3(e) and (f) and Local Criminal Rule 47.1.
22. Proposed Orders
Proposed Orders, to non-dispositive motions, must be submitted as outlined below:
• Electronically submitted proposed orders must be attached to the motion to
which it refers. This will provide service of the proposed order to all
registered parties.
• All proposed orders must be labeled “PROPOSED.” If the judge decides to
use the proposed order, s/he will remove the “PROPOSED” language.
• A proposed order shall also be attached as a Word document sent to the email
address of the assigned judge. The subject line of the e-mail shall include the
case number, title of the order, and docket number for the motion to which
it refers. The email addresses are for submission of proposed orders only
and are as follows:
[email protected]
Electronic Filing Procedures Guide October 2020 10
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
• Proposed orders on motions for default judgment made pursuant to Local Civil
Rule 55.1. should be prepared, filed, and emailed as directed above. However,
the subject line of the email shall include “Proposed Default Judgment” as
well as the case number and docket number.
• No other communication, documents or pleadings may be emailed to the
judge(s) at the email addresses above.
23. Orders Issued By The Court
All orders will be filed electronically. An order signed electronically, by either a digital
signature or by using the “s/Judge’s Name” convention, has the same force and effect as if the
Judge affixed a signature to a paper copy of the order. [FED. R. CIV. P. 5(d)(3); Local Civil Rule
5.1(e)(2).]
Routine orders may be entered by a text-only entry upon the docket. In such cases, no pdf
document will issue, and the text-only entry shall constitute the Court’s only order on the
matter. CM/ECF will generate an NEF as described previously in these procedures.
When mailing paper copies of an electronically filed order to a party who is not a registered
CM/ECF participant, the Clerk’s Office will include the NEF to provide the non-participant
with proof of the filing.
24. Trial Exhibits
Exhibits lodged with the Clerk of Court pursuant to Local Civil Rule 39.3, will not be filed
electronically. Such documents will not be placed in CM/ECF, unless the assigned judicial
officer directs filing of the lodged document. If a lodged exhibit is to be entered into CM/ECF,
the submitting party may be required to resubmit the document in electronic format.
25. Official Record
The official Court record is the electronic file maintained on the Court’s servers. The official
Electronic Filing Procedures Guide October 2020 11
record also includes any conventional documents or exhibits filed in accordance with these
provisions that have not been otherwise entered into the system. The Clerk’s Office will retain
all original Indictments after they are uploaded into the system, at the discretion of the Clerk of
Court, subject to any limitations imposed by statute, judiciary policy or orders of this Court.
26. Remote Public Access
In accordance with the E-Government Act of 2002 and policies set forth by the Judicial
Conference of the United States (which governs the administration of the U.S. Courts), the
Court strives to provide public Internet access to case related documents to the same extent
that those documents are available at the courthouse, with some limitations. Remote electronic
access to the CM/ECF System for viewing purposes is limited to subscribers to the PACER
system. The Judicial Conference of the United States requires that a user fee must be charged
for remotely accessing certain detailed case information, such as filed documents and docket
reports. The access fee does not apply to official recipients of electronic documents (i.e. parties
legally required to receive service or to whom service is directed by the filer in the context of
service under the Federal Rules of Civil Procedure.) Official recipients will receive the initial
electronic copy of a document free to download, but if they remotely access the document
again, they will be charged.
27. Privacy
The E-Government Act of 2002 and the Judicial Conference of the United States Courts’
Policy on Privacy and Public Access to Electronic Case Files set forth rules and provide
guidance to protect privacy and security concerns relating to the electronic filing of documents
and the public availability of documents filed electronically. In accordance with the Act, the
following Model Notice has been provided to Courts using the CM/ECF systems:
The Office of the Clerk is now accepting electronically filed pleadings and making the
content of these pleadings available on the Court’s website via PACER.
Any subscriber to PACER will be able to read, download, store and print the full
content of electronically filed documents that have not been sealed or otherwise
restricted by Court Order.
Do not include sensitive information in any documents filed with the Court, unless
such inclusion is necessary and relevant to the case. Any personal information, not
otherwise protected, will be made available over the Internet via PACER. If sensitive
information must be included, the following personal data identifiers must be partially
redacted from the document, whether it is filed conventionally or electronically:
1) Social Security numbers,
2) financial account numbers,
3) dates of birth,
Electronic Filing Procedures Guide October 2020 12
4) names of minor children, and
5) home addresses (in criminal cases only).
In compliance with the E-Government Act of 2002, a party wishing to file a document
containing the personal data identifiers specified above may:
(a) file a redacted document in the public record and file a reference list under
seal. The reference list shall contain the complete personal data identifier(s)
and the redacted identifier(s) used in its (their) place in the filing. All
references in the case to the redacted identifiers included in the reference list
will be construed to refer to the corresponding complete personal data
identifier. The reference list must be filed under seal and may be amended as of
right, or
(b) file an un-redacted version of the document under seal.
The court may, however, still require the party to file a redacted copy for the public file. Filers
should exercise caution when filing documents that contain the following:
1) personal identifying number, such as driver’s license number;
2) medical records, treatment and diagnosis;
3) employment history;
4) individual financial information; and
5) proprietary or trade secret information.
Counsel are strongly urged to share this notice with all clients so that an
informed decision about the inclusion, redaction and/or exclusion of certain
materials may be made. If a redacted document is filed, it is the sole
responsibility of counsel and the parties to be sure that all documents
comply with the rules of this Court requiring redaction of personal data
identifiers. The Clerk will not review each document for redaction.
The privacy provisions adopted by the Court are set forth in FED. R. CIV. P. 5.2 and FED. R.
CRIM.P. 49.1, and the Electronic Case Filing Guide.
28. Additional Information
Additional information regarding CM/ECF can be obtained by visiting the Court’s website
(www.akd.uscourts.gov), contacting the Clerk’s Office at 907-677-6130 or by sending an e-
mail message to the CM/ECF Help Desk (
[email protected]).
Electronic Filing Procedures Guide October 2020 13
