FILED
FEB 6 2004
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CLERK
U. S. DISTRICT COURT
MIDDLE DIST. OF ALA.
IN RE: PROCEDURES AND ) GENERAL ORDER NO.
PRACTICES FOR CASE MANAGEMENT! ) 2:04-mc-3164
ELECTRONIC CASE FILES (CM/ECF) )
This court is authorized by FED.R.CIv.P. 5 and 83 and FED.R.CRIM.P. 57 to establish
practices and procedures for filing, signing, and verifying documents by electronic means.
IT IS THEREFORE ORDERED as follows:
1. The Case Management/Electronic Case Files (CMIECF) System shall be adopted
and will replace the existing docketing and case management systems. The CM/ECF
System will have two components: CMIECF Electronic Noticing and CMIECF
Electronic Filing.
2. All counsel, absent good cause shown, shall register for CM[ECF Electronic
Noticing (E-Noticing).
3. The Clerk of the Court is authorized to publish and implement interim civil and
criminal Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents in
the District Court under the Case Management/Electronic Case Files (CM/ECF) System (CM/ECF
Administrative Procedures), which shall govern electronic noticing and filing in this district
including the procedure for registration of attorneys and for the distribution of passwords to permit
electronic filing and noticing of pleadings and other documents. This General Order is considered
by the court to be consistent with the Federal Rules of Civil and Criminal Procedure and the Local
Rules of the Middle District of Alabama. Any conflicts between the Administrative Procedures
published by the Clerk of the District Court and any of the applicable Rules should be brought to
the Court's attention immediately. Due to extraordinary circumstances in a particular case, a
District or Magistrate Judge may modify the requirements of the administrative procedures as
justice may require.
4. The electronic filing of petitions, pleadings, motions, or other documents by an
attorney who is a registered participant in the CM/ECF Electronic Filing System shall constitute the
signature of that attorney under Federal Rule of Civil Procedure 11. Pleadings, motions or other
papers or documents filed electronically shall be in a visual format that would comply with M.D.
ALA. LR 5.5 if not filed electronically.
5. No attorney shall knowingly permit or cause to permit his/her password to be used
by anyone other than an authorized employee of his/her law firm.
6. No person shall knowingly use or cause another person to use the password of a
registered attorney unless the user of the password is an authorized employee of the law firm.
7. The electronic filing of pleadings or other documents in accordance with the
CM/ECF Administrative Procedures shall constitute entry of that pleading or other document on
the docket kept by the Clerk under Federal Rule of Civil Procedure 79.
The Office of the Clerk shall enter all orders, decrees, judgments, and proceedings of
the Court in accordance with the CM/ECF Administrative Procedures, which shall constitute entry
of the order, decree, judgment, or proceeding on the docket kept by the Clerk under Federal Rule of
Civil Procedure 58 and Federal Rule of Criminal Procedure 55.
9. Service
A. Except for original process, whenever pleadings or other documents are filed
electronically in accordance with the CM/ECF Administrative Procedures, the Office of the Clerk
shall serve the filing party with a "Notice of Electronic Filing" by electronic means at the time of
docketing.
B. The filing party shall serve the pleadings or other documents upon all persons
entitled to notice or service in accordance with the applicable rules, or, if service by first class mail
is permitted under the Rules, the filing party may make service in accordance with subparagraph
(C) below.
C. if the recipient of notice or service is a registered participant in the CM/ECP
System, service by electronic means of the Notice of Electronic Piling shall be the equivalent of
service of the pleadings or other documents by first class mail, postage prepaid.
1). Service by electronic means is complete on transmission.
E. 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.
10 Participation in the CM/BCF Electronic Noticing System, as required of all attorneys
who wish to practice in this Court, by completion of a registration constitutes a request for service
and notice electronically pursuant to FBD.R.CW.P. 5(b)(2)(D) and FED.R.CRXM.P. 49. Participants
in the CM/ECF Electronic Noticing System agree to receive service of all orders pleadings, and
documents, with the exception of original process, by electronic means.
Participation in the CM/ECF Electronic Filing System by completion of a registration form
and receipt of a password from the Court shall constitute a request for service and notice
electronically pursuant to FBDR.CIV.P. 5(b)(2)(D) and 1BD.R..CRIM.F. 49. Participants in the
Blwctronic Case Filing System, by receiving a password from the Court, agree to receive service by
electronic means and to comply with the CM/ECFAdmi paistrativ Procedures In all filings.
11. The effective date of this General Order is April 5, 2004.
Done this the k day of 'k) NA 2004.
CHIEF UNITED STATES DIS'nucT JUDGE
c1h.
UNITED STATES DISTRICT JUDGE
ATES DISTRICT JUDGE
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