United States District Court
Western District of Arkansas
Administrative Policies and Procedures Manual
for Civil and Criminal Filings
April 2026
Contents
I. ELECTRONIC FILING SYSTEM .......................................................................................................................3
A. DEFINITIONS ...........................................................................................................................................3
B. GENERAL INFORMATION .......................................................................................................................5
II. ELIGIBILITY, REGISTRATION AND PASSWORDS.........................................................................................5
A. ELIGIBILITY ..............................................................................................................................................5
B. MANDATORY ELECTRONIC FILING ......................................................................................................6
C. REGISTRATION .......................................................................................................................................6
D. PASSWORDS ...........................................................................................................................................7
III. ELECTRONIC FILING AND SERVICE OF DOCUMENTS ...............................................................................7
A. FILING .......................................................................................................................................................7
B. SERVICE ...................................................................................................................................................9
C. SIGNATURES ........................................................................................................................................ 10
D. FEES PAYABLE TO THE CLERK ......................................................................................................... 11
E. ORDERS ................................................................................................................................................ 12
F. TITLE OF DOCKET ENTRIES ............................................................................................................... 13
G. CORRECTING DOCKET ENTRIES ...................................................................................................... 13
H. TECHNICAL FAILURES ........................................................................................................................ 14
I. PRIVACY ................................................................................................................................................ 14
IV. CONVENTIONAL FILING OF DOCUMENTS ................................................................................................. 16
A. CASE INITIATING DOCUMENTS ......................................................................................................... 16
B. DOCUMENTS FILED UNDER SEAL ..................................................................................................... 17
C. PRO SE FILERS .................................................................................................................................... 18
V. ATTACHMENTS AND EXHIBITS ................................................................................................................... 19
A. IN GENERAL .......................................................................................................................................... 19
B. VOLUMINOUS EXHIBITS ...................................................................................................................... 19
C. CONVENTIONAL FILING OF EXHIBITS ............................................................................................... 20
VI. SOCIAL SECURITY AND IMMIGRATION CASES ........................................................................................ 21
VII. FEE MATTERS - CJA AUTHORIZATIONS .................................................................................................... 21
VIII. NOTICE OF COURT ORDERS AND JUDGMENTS ...................................................................................... 21
IX. PUBLIC ACCESS AND REPRODUCTION FEES .......................................................................................... 21
A. PUBLIC ACCESS AT THE COURT HOUSE ......................................................................................... 21
B. INTERNET ACCESS.............................................................................................................................. 21
C. COPIES AND CERTIFIED COPIES ...................................................................................................... 22
The Administrative Policies and Procedures Manual for Civil and Criminal Filings for the Western
District of Arkansas is adopted pursuant to Federal Rule of Civil Procedure 5, Federal Rule of
Criminal Procedure 49, and Local Rules for the Eastern and Western Districts of Arkansas 5.1
and 5.2.
Implementation of this Plan abrogates General Orders 36 and 37, dated August 15, 2005. The
Court may amend these procedures at any time without prior notice.
I. ELECTRONIC FILING SYSTEM
The Federal Judiciary has developed a Next Generation (NextGen) Case Management/
Electronic Case Files (CM/ECF) system that will allow attorneys to use the same account
for both PACER and electronic filing access. CM/ECF is a nationally supported system
that enables automated case management and docketing and has been designed
specifically for the Federal Courts.
The case management and docketing (CM) portion provides customized docketing and
reporting capabilities.
The electronic case files (ECF) portion allows the submission of documents in electronic
form to the Court by means of the Internet.
The electronic filing system generates a docket entry and automatically transmits a notice
of the filing to the other registered participants in the case by electronic mail.
Attorneys who have an individual upgraded PACER account will have the same access
to the Court’s electronic files, docket sheets and reports as the public.
Attorneys who have an individual upgraded PACER account will have access to the
system that permits electronic filing and notification of filings to all case participants. The
notice of electronic filing will permit the registered attorneys to receive one free electronic
copy of all documents filed in a case. These electronic copies are time sensitive and
should be downloaded to your computer or printed for future reference.
Attorneys who have an individual upgraded PACER account will also have access to most
restricted documents in a specific case when the attorney is listed as counsel of record.
A. DEFINITIONS
The following definitions are used throughout this manual:
• “Conventional Filing” is the submission of a document by a filing party for
scanning, uploading and filing into the CM/ECF system by Clerk’s Office
personnel. Such documents may be submitted in a paper format. Documents
can also be presented in an electronic PDF format via email or through the use
of approved media such as a thumb drive.
• “Electronic Document” is the electronic version of a filed document. An
3
electronic document has the same legal effect as a paper document.
• “Electronic Filing” means uploading a PDF document directly from the Filing
User’s computer to CM/ECF.
• “Electronic Signature” refers to the fact that an electronic document is
deemed signed when filed by an attorney, judicial officer or deputy clerk using
a valid login and password, together with a written, or typed signature in the
/s/Typed Name format, on the signature line.
• “Filing User” is an individual who uses an upgraded individual PACER
account with e-filing privileges to file documents in the Western District of
Arkansas.
• “NextGen” is a system that will allow an attorney to use the same account for
both PACER and electronic filing access.
• “Notice of Electronic Filing (NEF)” is a notice automatically generated by
CM/ECF when a document or text-only docket entry is filed in the system,
setting forth the time of filing, the date it is entered on the docket, the name of
the party and/or attorney filing the document, the type of document, the text of
the docket entry, the name and method of service for the party or attorney
receiving the notice, and an electronic link (hyperlink) to the filed document
which allows registered case participants to retrieve the document
electronically.
• “Public Access to Court Electronic Records (PACER)” is an electronic
public access service provided by the Federal Judiciary that allows users to
obtain case and docket information online from federal appellate, district, and
bankruptcy courts, and the PACER Case Locator.
• “Portable Document Format (PDF)” is the format used for storing documents
in CM/ECF. A document created with word processor software, or a paper
document that has been scanned, must be converted to PDF to be filed
electronically with the Court.
• “Proposed Order” is a draft document submitted by an attorney for a Judge’s
signature. A proposed order should be provided to chambers in Word format,
as an electronic attachment to an email addressed to the appropriate
chambers.
• “Technical Failure” is a failure of court owned/leased hardware, software,
and/or telecommunications equipment that results in the inability of a Filing
User to submit a document electronically. “Technical Failure” does not include
the malfunctioning of a Filing User’s equipment.
4
B. GENERAL INFORMATION
The policies and procedures that govern electronic case filing in the United States
District Court for the Western District of Arkansas are contained in this manual.
The following general information is relevant to this Court’s CM/ECF system:
• The official record of the Court is the electronic file maintained on the
Court’s servers. This includes information transmitted to the Court in
electronic format, as well as in paper form.
• All civil, civil miscellaneous, criminal, magistrate and criminal miscellaneous
cases will be filed in CM/ECF.
• All pleadings and documents required to be filed with the Court will be filed
electronically, except as otherwise provided in this manual.
• All case initiating documents (e.g., civil complaint, notice of removal,
indictment, information, criminal complaint, etc.), any pleading or document
that adds a party or criminal counts (e.g., amended complaint, third-party
complaint, superseding indictment, etc.) will be filed conventionally.
• Social Security and Immigration cases will be subject to the limitations
contained in Section VI of this manual.
• Pro se parties may request permission from the presiding judge to submit
documents for filing to a designated email address on a case-by-case basis.
All documents submitted for filing must contain the case number and the
filer’s signature and contact information, including a valid email address. It
is the responsibility of the party to inform the court of any change in
contact information.
• On a case-by-case basis, pro se parties may request permission from the
presiding judge to receive filed documents at a designated email address.
It is the responsibility of the party to inform the court of any change in
contact information.
• Sealed documents must be filed electronically, as outlined in this manual or
by other Orders of this Court.
II. ELIGIBILITY, REGISTRATION AND PASSWORDS
A. ELIGIBILITY
Any attorney admitted to the bar of this court, including an attorney admitted pro
hac vice, must have an upgraded individual PACER account with e-filing privileges
in this district.
5
If a Filing User intends to file documents electronically in the Eastern District of
Arkansas or the Bankruptcy Court for the Eastern and Western Districts of
Arkansas, a separate CM/ECF Registration Form must be completed for each
court.
B. MANDATORY ELECTRONIC FILING
All attorneys admitted to the bar of this court, including attorneys admitted pro hac
vice, must file and receive documents electronically. Only case initiating
documents, and those otherwise required or authorized by the Local Rules for the
Eastern and Western Districts of Arkansas, this Manual, the Clerk, or the Court will
be submitted conventionally.
C. REGISTRATION
1. NextGen Registration for the Western District of Arkansas is located on the
PACER website at pacer.gov. Click here for instructions on how to register
for an individual PACER account.
NextGen Registration instructions for the Eastern District of Arkansas are
located on that Court’s website: www.are.uscourts.gov.
The CM/ECF Registration instructions for the Bankruptcy Court for the
Eastern and Western Districts of Arkansas are located on that Court’s
website: www.arb.uscourts.gov.
2. A Filing User may register one (1) email address when completing the e-
filing registration request through PACER. Once access to CM/ECF is
activated, other email addresses can be added to the filing account for
notification of all public docket entry information. The use of secondary
email addresses (firm partner, assistant, paralegal, secretary or home)
enhances the notification process by providing the Filing User with essential
case information at multiple locations.
3. Upon receipt of the e-filing request, the Clerk’s office will email
acknowledgment of the request to the account holder’s primary email
address.
4. Registration as a Filing User constitutes consent to electronic service of all
documents as provided in this manual in accordance with the General
Orders and Local Rules of this Court, the Federal Rules of Civil Procedure
and Federal Rules of Criminal Procedure.
5. Registration as a Filing User also constitutes certification by the Filing User
that he or she has read and is familiar with the CM/ECF Administrative
Policies and Procedures Manual for Civil and Criminal Filings.
6
6. It is the responsibility of any attorney who has e-filing access to keep
all contact information, including email addresses, updated and
current.
The primary email address must be updated through PACER.
Manage My Account Maintenance Update E-Filer Email
Noticing and Frequency.
The secondary email address(es) must be updated through CM/ECF.
Utilities Your Account Maintain Your Email
7. In order to withdraw Filing User status, an attorney must first obtain leave
of court to withdraw as counsel of record from every case the attorney has
pending before the court.
When such leave is granted, the Filing User will provide the Clerk’s office
with a Notice of Withdrawal from CM/ECF that must:
a. list the cases from which the attorney has been allowed to withdraw,
and
b. recite that the attorney is no longer counsel of record in any case
pending before the court.
Upon receipt of the Notice of Withdrawal from CM/ECF, the Clerk’s office
will immediately disable the attorney’s login and password and remove the
attorney’s name from any applicable electronic service list.
D. PASSWORDS
1. The PACER user is responsible for protecting the security of his or her
password.
2. A PACER user may change his or her password at any time following
registration via PACER.gov.
3. A PACER user who believes that his or her password has been
compromised should immediately change their password at PACER.gov.
III. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
A. FILING
1. In General
a. All case initiating documents (e.g., civil complaint, notice of removal,
criminal complaint, indictment, information, etc.), any pleading or
document that adds a party or criminal count (e.g., amended
7
complaint, third-party complaint, superseding indictment, etc.) must
be filed conventionally. Such documents may be submitted via email
or in paper format. Click here for instructions on filing case initiating
documents via email. Documents can also be presented in an
electronic PDF format through the use of approved media such as
CD, DVD, or thumb drive.
The documents will be scanned (if necessary), uploaded, filed and
maintained in CM/ECF by the Clerk’s office.
b. All motions, applications, briefs, responses, replies, memoranda of
law, or exhibits will be filed electronically, except as otherwise
provided by these administrative procedures, General Orders, Local
Rules or Orders of this Court.
c. A document submitted electronically will not be considered filed for
purposes of the Federal Rules of Civil or Criminal Procedure until
CM/ECF generates an NEF.
d. Only proposed orders and those documents parties have been
ordered to submit to a chambers’ email address should be
transmitted by email to the assigned Judge’s chambers.
e. On a case by case basis, pro se parties may be permitted by court
order to transmit documents to a court designated email address.
f. A document transmitted by email does not constitute “filing” for the
purposes of the Federal Rules of Civil or Criminal Procedure.
2. Entry of Appearance and Withdrawal of Appearance by Counsel
a. The attorney signing a conventionally filed document will be entered
as counsel of record by the Clerk’s office.
If a party is represented by multiple attorneys, a separate Notice of
Appearance must be electronically filed by each attorney. This will
ensure that each attorney representing a party will be listed on the
court’s docket and receive prompt electronic service of docket
entries throughout the duration of the case.
A Notice of Appearance form (AO Form 458) can be downloaded
from the U.S. Courts website at www.uscourts.gov/services-
forms/forms.
b. A Withdrawal of Appearance by counsel may be permitted only by
leave of court in accordance with Local Rule 83.5.
c. A Notice of Appearance of substituted counsel may be filed only by
8
the attorney entering the appearance, not by the withdrawing
attorney.
3. Filing Deadline
A document will be deemed timely filed if CM/ECF generates an NEF prior
to midnight, Central Time, on the date it is due. However, the assigned
Judge may order that the document must be filed by a specific time. (e.g.
Close of Business, 2 P.M., etc.)
4. Amended Pleadings or Documents
a. A party who moves to amend a pleading or document will attach a
copy of the proposed amended document (e.g., amended complaint,
amended answer, etc.) as an exhibit to the motion (Local Rule
5.5(e)).
b. If the motion is granted, the attorney must then file the amended
pleading or document with the Court electronically, except if the
amended pleading or document adds parties or criminal counts.
c. Any filing that adds a party or criminal counts must be filed
conventionally.
5. Records Retention
a. The official court record will be the electronic files maintained on the
Court’s servers and any other documents or exhibits allowed to be
filed conventionally.
b. The Clerk’s office will discard all documents brought to the Clerk’s
office for filing after those documents are scanned and uploaded to
CM/ECF in accordance with the Clerk’s document retention policy,
unless otherwise provided in these procedures, or the filing party
arranges to promptly pick up the documents.
B. SERVICE
1. Whenever a document or other paper is filed electronically in accordance
with these procedures, CM/ECF will generate an NEF to any case
participant who is a registered Filing User and has consented to electronic
notice, and to the assigned Judge(s).
2. If the recipient is a registered Filing User, a system-generated NEF will be
deemed to constitute service pursuant to F.R.Cv.P. 5 and F.R.Cr.P. 49.
3. A certificate of service on all parties entitled to service or notice is still
9
required when a party files a document electronically. The certificate must
state the manner in which service or notice was accomplished on each party
so entitled.
4. A pro se party should receive a paper copy of any electronically filed
pleading, document or order.
If a paper copy is provided, the filing party must provide the pro se party
with the document or order according to the Federal Rules of Civil or
Criminal Procedure.
When mailing paper copies of documents that have been electronically filed,
the filing party will also include a copy of the NEF to provide the recipient
with proof of the filing.
5. Service in Social Security Actions under 42 U.S.C. 405(g) (ONLY)
In Social Security Actions under 42 U.S.C. 405(g), filing the complaint with
the Clerk of the Court will be sufficient service upon the Social Security
Administration and U.S. Attorney.
Issuance and service of summons is not required in cases falling under
this statute.
See the Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g)
C. SIGNATURES
1. Non-attorney Signature
a. If an original document requires the signature of a non-attorney, the filing
party or the Clerk’s office will scan the document and electronically file
it in CM/ECF.
b. All notarized documents and affidavits must include the signature of the
notary or affiant. If the notary or affiant is not the registered CM/ECF
Filing User, the /s/ Typed Name is not a valid signature.
2. Attorney Signature
A pleading or other document requiring an attorney’s signature will be
signed in the following manner: “/s/ (attorney name).” The correct format
for an attorney signature is as follows:
10
/s/ Pat Attorney
Pat Attorney
Bar Number 12345
Attorney for (Plaintiff/Defendant) Party Name
ABC Law Firm
6th Street and Rogers Avenue
Fort Smith, Arkansas 72901
Telephone: (479) 783-6833
Email:
[email protected]
3. Multiple Attorney Signatures
The following procedure applies when a stipulation or other document (e.g.,
a joint motion) requires two or more attorney signatures:
a. The filing attorney will confirm that the content of the document is
acceptable to all attorneys required to sign the document and will
obtain the signatures of all attorneys on the document. For purposes
of this rule, physical, facsimile, or electronic signatures are permitted.
b. The filing attorney will then file the document electronically indicating
the name of each attorney signatory (e.g., “/s/ Jane Doe, (with
permission)” “/s/ John Smith, (with permission)” etc.)”
4. Objections to Signature or Authenticity of Document
Any party who disputes the authenticity of an electronically filed document
or the authenticity of a signature on a document must file an objection to
that document within fourteen (14) days of service of the document.
D. FEES PAYABLE TO THE CLERK
Any fee required for filing a pleading or document is payable to the Clerk of the
Court.
1. Checks or money orders sent to the Clerk’s Office by United States mail or
other carrier service will be receipted and noted in a docket entry.
2. Fees for the following events may be paid through CM/ECF using Pay.gov
in the form of a credit or debit card or with a savings or checking account
(ACH Payment):
i. Complaint
ii. Notice of Removal
iii. Petition for Writ of Habeas Corpus
iv. Miscellaneous Case
v. Pro Hac Vice motion
vi. Notice of Appeal
Filing fees may be paid through docketing the Pro Hac Vice or Notice of
11
Appeal event. Filing fees for the Complaint, Notice of Removal, Petition for
Writ of Habeas Corpus and Miscellaneous Case may be paid by using the
ECF CivilOther Documents Filing Fee Submitted event.
3. Check, money orders, credit or debit cards are also permitted when paying
fees in person at the clerk’s office. A valid government issued ID must be
presented along with the credit or debit card.
E. ORDERS
1. Court Generated Orders
The assigned Judge’s chambers or the Clerk’s office will electronically file
all orders.
2. Proposed Orders
Proposed Orders will be submitted as outlined below:
a. Electronically submitted proposed orders must not be combined with
the motion into one document.
b. After filing the motion, the proposed order must be submitted by
email.
The proposed order must refer to the document number that
CM/ECF assigns to the motion when the motion is electronically filed.
c. All proposed orders must be submitted in Word format so that the
Court has the flexibility to edit such orders. Proposed orders
submitted in PDF format will not be accepted.
d. Proposed orders should be emailed to the address for the assigned
Judge’s chambers.
The Judges’ chamber’s email addresses are as follows:
Chief Judge Timothy L. Brooks
[email protected]
Judge Susan O. Hickey
[email protected]
David Clay Fowlkes
[email protected]
John Thomas Shepherd
[email protected]
Chief Magistrate Judge Christy D. Comstock
[email protected]
Magistrate Judge Mark E. Ford
[email protected]
Magistrate Judge Spencer G. Singleton
[email protected]
12
e. If there is doubt regarding whether to submit a proposed order to the
assigned district judge or the assigned magistrate judge, the
proposed order should be submitted to the district judge and, if
appropriate, the district judge will forward the proposed order to the
magistrate judge.
3. Text Only Docket Entries
a. The assigned Judge’s chambers or the Clerk’s office, if appropriate,
may grant routine orders by a text-only docket entry.
CM/ECF will generate an NEF of such an entry. In such cases, no
PDF document will issue. The text-only entry will constitute the
Court’s order on the matter.
b. The Clerk’s office will deliver a copy of the NEF of a text-only order
to a party who has not been granted permission to receive electronic
service.
c. The Clerk’s office will deliver a copy of the NEF of a text-only order
by electronic mail to any pro se party whose request for electronic
mail service has been granted.
4. Clerk’s Orders
a. Proposed orders that are submitted pursuant to Local Rule 6.2 and
can be signed by the Clerk should be prepared in Word format. The
Clerk’s office will not accept proposed orders in PDF format.
b. Proposed Clerk’s orders should be emailed to the Clerk’s office at
[email protected]:
F. TITLE OF DOCKET ENTRIES
The Filing User who electronically files a document is responsible for selecting an
appropriate docket event using one of the menu categories available in CM/ECF.
G. CORRECTING DOCKET ENTRIES
1. Once a document is filed electronically, corrections to the docket can ONLY
be made by Clerk’s office staff. CM/ECF will not permit the filing party to
make changes to the document(s) or docket entry once the transaction has
been completed.
13
2. When filing errors occur, the filing party should not attempt to refile a
document before contacting the Clerk’s office.
Types of filing errors include posting the wrong PDF file to a docket entry,
selecting the wrong document type/event from the menu, filing the
document in the wrong case number, etc.
3. As soon as possible after the error is discovered, the filing party should
contact the Clerk’s office at 1-833-853-0345 with the case number and
document number that needs to be corrected.
4. If appropriate, the Court or Clerk’s office staff will make an entry indicating
that the document was filed in error.
5. The filing party will be advised of the appropriate action needed to correct
the error.
H. TECHNICAL FAILURES
1. A filing party whose document is made untimely as a result of a technical
failure of the CM/ECF system may seek appropriate relief from the Court.
2. In the event of a technical failure, documents may be submitted to the
Clerk’s office conventionally, accompanied by a Declaration that Party was
Unable to File in a Timely Manner Due to Technical Difficulties.
3. Problems on the Filing User’s end, such as phone line problems, problems
with the Filer’s Internet Service Provider (ISP), or hardware or software
problems, will not constitute a technical failure under these procedures nor
excuse an untimely filing. In the event of such circumstances, a Filing User
may file documents conventionally.
I. PRIVACY
Filing Users should not include sensitive information in any document electronically
filed with the Court unless inclusion is necessary and relevant to the case.
If sensitive information must be included in a document the following precautions
should be taken:
1. The document may be filed with sensitive information in a partially redacted
form.
The following personal data identifiers must be partially redacted:
• Social Security and taxpayer-identification numbers to the last four
digits;
• Dates of birth to the year;
14
• Names of minors to the initials;
• Financial account numbers to the last four digits; and
• Home addresses to city and state, in criminal cases.
Exemptions to the redaction requirements can be found in F.R.Cv.P. 5.2(b)
and F.R.Cr.P. 49.1(b).
2. In compliance with F.R.Cv.P. 5.2(f) and (g) and F.R.Cr.P. 49.1(f) and (g), a
party who files a document containing redacted personal data identifiers
should, if the unredacted form of such identifiers is necessary to any court
action to be taken with regard to that document, file a key to the redactions
in one of the following ways:
a. File a reference list under seal.
1. The reference list will contain the complete personal data
identifiers and the redacted identifiers used 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 identifier.
2. The reference list must be filed in CM/ECF using the Civil or
Criminal RESTRICTED event -> Reference List. The
reference list may be filed without a motion and order to seal,
and may be amended as a matter of right.
b. File an unredacted version of the document under seal.
The unredacted document must be filed in CM/ECF using the Civil
or Criminal RESTRICTED event -> Notice of Filing Unredacted
Document. The Filing User must link this entry with the entry
containing the redacted document. The unredacted document may
be filed without a motion and order to seal.
3. In addition, caution should be exercised when filing documents that contain
the following personal information.
• Personal identifying numbers, such as a driver’s license number;
• Medical Records, treatment and diagnosis;
• Employment history;
• Individual financial information;
• Proprietary or trade secret information;
• Information regarding the victim of any criminal activity;
• National security information; and
• Sensitive security information as described in 49 U.S.C. § 114(s).
A party should consider redacting the personal identifier information. An
unredacted document can then be filed as described above. (See I.2.b.)
15
4. Counsel is urged to share this information with all clients so that they may
make an informed decision about the inclusion of certain materials.
It is the sole responsibility of the filing party to be sure that all filed
documents comply with the requirements regarding redaction of personal
data identifiers.
The Clerk’s office will not review documents for compliance with these
requirements.
5. The following documents will not be included in the public case file, and will
not be available to the public either at the courthouse or via remote
electronic access (PACER):
• Unexecuted summons or warrants of any kind (e.g. search warrants,
arrest warrants);
• Pretrial bail or Presentence Investigation Reports;
• Statements of Reasons in the criminal judgment of conviction;
• Financial affidavits filed in seeking representation pursuant to the
Criminal Justice Act;
• Ex parte requests for authorization of investigation, expert or other
services pursuant to the Criminal Justice Act;
• Juvenile records;
• Documents containing identifying information about jurors or potential
jurors; and
• Sealed documents.
IV. CONVENTIONAL FILING OF DOCUMENTS
Documents required or authorized to be filed conventionally must be emailed to the
appropriate division address, or delivered to the Clerk’s office by hand-delivery, U.S. Mail
or other carrier service. Non-paper documents presented for filing must be submitted in
electronic PDF format through the use of approved media such as CD, DVD or thumb
drive. The Clerk’s office will scan and upload these documents to CM/ECF.
A. CASE INITIATING DOCUMENTS
1. All case initiating documents (e.g., civil complaint, civil cover sheet and
summons, and notice of removal with civil cover sheet, criminal complaint,
indictment, information) must be filed conventionally. Visit the Civil Case
Filing page for instructions on filing case initiating documents via email.
2. Any pleading or document that adds a party or criminal count (e.g.,
amended complaint, third-party complaint, intervention, superseding
indictment, etc.) must be filed conventionally.
3. Any summons or warrant to be issued by the Clerk must be emailed or
16
delivered to the Clerk’s office.
4. The party requesting the issuance of civil summons must complete the top
portion of the summons form.
4. A party may not electronically serve a civil summons, but instead must effect
service according to Rule 4 of the Federal Rules of Civil Procedure.
B. DOCUMENTS FILED UNDER SEAL
All requests to seal a document must be made by motion. If the motion is granted,
the assigned Judge will enter the order authorizing the filing of the document under
seal. Sealed documents may be filed either electronically or conventionally.
1. Electronic Filing of Sealed Documents
Unless the Court directs otherwise, sealed documents may be filed in
CM/ECF using the Civil or Criminal RESTRICTED event -> Sealed
Document. The Filing User must indicate the date the Order was entered
permitting filing under seal and link this entry with the related docket entry.
2. Conventional Filing of Sealed Documents
When a sealed document is submitted to the Clerk’s office, whether on
electronic media or in paper form, it will be placed inside an 8½” × 11"
envelope. Affixed to the exterior of the envelope will be a cover sheet
containing the following:
• The case caption;
• The name of the document, if it can be disclosed publicly; otherwise,
an appropriate title by which the document may be identified on the
public docket;
• The name, address and telephone number of the person filing the
document; and
• A copy of the Court’s order permitting sealing will be attached to the
envelope containing the sealed document.
If a sealed document is submitted to the Clerk’s office at the time a motion
to seal is filed and the motion is denied, the document will be returned to
the movant.
17
C. PRO SE FILERS
Generally, pro se filers must submit documents conventionally. However, a pro se
filer who wishes to submit documents electronically to a court email address for
filing and/or receive copies of filed documents by email may make such a request
by submitting a motion on a case-by-case basis.
1. Documents submitted conventionally for filing.
Any paper document that is submitted to the court for filing must contain the
appropriate case number and a title by which the document should be called
on the docket sheet. The document must be signed and contain the filer’s
contact information, including the mailing address and telephone number.
If required by any rule or statute, the document must also include either
verification or an unsworn declaration.
The Clerk’s office will scan and upload these documents to CM/ECF.
2. Documents submitted electronically for filing.
A document that is submitted to the court for filing by electronic means must
be sent to
[email protected] . Each document must contain the
appropriate case number and a title by which the document should be called
on the docket sheet. The document must be signed and contain the filer’s
contact information, including the mailing address, telephone number and
email address.
If required by any rule or statute, the document must also include either
verification or an unsworn declaration.
The document must be in PDF format and conform to the current CM/ECF
file size limits.
As soon as it is reasonably possible, the Clerk’s office will retrieve and
review the document submitted for filing.
If the document meets the current CM/ECF requirements, the document will
be uploaded to CM/ECF.
If the pro se filer has been granted permission to receive electronic
notification of filings, the document, together with the NEF, will be emailed
to the pro se filer.
If the document does not meet the current CM/ECF requirements, the
document will be returned to the filer with a Notice of Deficiency.
18
3. It is the responsibility of a pro se filer to inform the court of any change in
contact information, including mailing address, phone number and personal
email address.
V. ATTACHMENTS AND EXHIBITS
A. IN GENERAL
1. Whenever possible, a filing party should convert documents directly to PDF
format using Acrobat or other PDF-generating software. Most word
processors can create PDFs directly. Otherwise, a filing party should
electronically scan a paper document or exhibit and submit it as a PDF file,
provided that the file size is less than the designated limits for such
documents. Click the Court Information link on the CM/ECF Welcome page
for current file size limits.
2. When scanning documents to be filed electronically, a filing party should
configure the scanner for at least 300 dpi and black and white.
3. Documents appearing in color in their original form, such as color
photographs, may be scanned in color and uploaded to CM/ECF.
4. Filing Users are required to verify that scanned documents are legible and
complete before the documents are filed electronically in CM/ECF.
5. If a document cannot be easily read after scanning, the filing party should
not electronically file the document, but should seek permission to
conventionally file the document with the Clerk’s office.
B. VOLUMINOUS EXHIBITS
If the main document and exhibits attached to any particular document exceeds
the maximum allowable file size limit, then the main document and exhibits must
be filed according to the following procedures:
1. The Filing User must prepare an exhibit index and submit the index as the
first attachment to the main document.
2. Each exhibit must be submitted as a separate attachment to the main
document.
3. If any particular exhibit exceeds the megabyte limit, then that exhibit must
be broken down into separate components, and each component must be
submitted as a separate attachment.
5. The following is a sample exhibit index, for which each exhibit must be
submitted as a separate attachment to the main document.
19
Exhibit Description
A XYZ Company General Ledgers
B Excerpts from Jane Doe’s Deposition
C-1 Contract between XYZ Company and ABC Company
(Part 1, Pages 1-300)
C-2 Contract between XYZ Company and ABC Company
(Part 2, Pages 301-479)
D Affidavit of John Smith (Filed under seal with the
Court’s permission)
C. CONVENTIONAL FILING OF EXHIBITS
1. A party may seek a court order allowing that party to conventionally submit
exhibits that are not available in electronic form (i.e., documents that cannot
be read after scanning).
2. If the Court grants a party leave to submit exhibits conventionally, then the
exhibits must be submitted according to the following procedures:
a. The Filing User must prepare an exhibit index. This exhibit index
must be submitted as an attachment to the main document and
indicate which exhibits are being submitted conventionally. (See V.
B. 4 for sample exhibit index.)
b. A slip sheet should be uploaded to the public docket entry in place
of the sealed or conventionally filed exhibit or attachment. The sheet
should include the exhibit or attachment number or letter and state
that it is filed under seal or submitted conventionally.
EXHIBIT D
Affidavit of John Smith Filed Under
Seal or Submitted Conventionally
c. The Filing User will submit the index and the exhibits conventionally.
The document’s caption will identify the document to which the
exhibits relate (e.g., “Exhibit D in Support of Defendant XYZ
Company’s Memorandum in Support of Motion for Summary
Judgment, ECF Doc # 37”).
d. ALL exhibits must be labeled.
e. Receipt of the document, exhibit or attachment will be noted in
CM/ECF.
f. A party must serve all conventionally submitted materials on all other
parties required to receive notice.
20
VI. SOCIAL SECURITY and IMMIGRATION CASES
Pursuant to F.R.Cv.P. 5.2(c), remote access to individual documents will be limited to
counsel of record and court staff to the extent that the document has been uploaded to
CM/ECF and has not been designated a written opinion. Docket sheets will be available
remotely to non-parties. Non-parties will continue to have access to the paper or
electronic documents on file at the Clerk’s office.
VII. FEE MATTERS - CJA AUTHORIZATIONS
The original order appointing counsel will be entered in CM/ECF by the Clerk’s office.
The appointed attorney is responsible for the creation, documentation and submission of
the CJA-20 form using the eVoucher system.
Documents related to the authority to pay court appointed counsel, authorization and
voucher for expert and other services, authorization and voucher for payment of a
transcript, and requests for excess fees, pursuant to the Criminal Justice Act (CJA), will
also be entered using the eVoucher system.
VIII. NOTICE OF COURT ORDERS AND JUDGMENTS
Upon entry of an order or judgment into CM/ECF an NEF, with a hyperlink to the electronic
document, will be transmitted to case participants who have consented to notice by
electronic means.
Electronic transmission of an NEF, along with a hyperlink to the electronic document,
constitutes the notice required by F.R.Cv.P. 77(d) and F.R.Cr.P. 49(c). The Clerk’s office
must give notice in paper form to a person who is not a Filing User or has not otherwise
consented to electronic service.
IX. PUBLIC ACCESS AND REPRODUCTION FEES
A. PUBLIC ACCESS AT THE COURT HOUSE
Electronic access to non-restricted docket sheets and documents filed in CM/ECF
is available to the public for viewing free of charge at the Clerk’s office during
regular business hours.
B. INTERNET ACCESS
Remote electronic access to CM/ECF for viewing purposes is limited to
subscribers to PACER. The Judicial Conference of the United States has ruled
that a user fee will be charged for remotely accessing certain detailed case
information, such as filed documents and docket sheets in civil and criminal cases.
21
1. No fees assessed
a. Recipients who receive service or to whom service is directed by the
filer under the Federal Rules of Civil Procedure and the Federal
Rules of Criminal Procedure will receive the initial electronic copy of
a document free of charge, if viewed within fourteen (14) days of
filing.
b. No fee will be assessed for viewing any written opinion.
2. Fees Assessed
a. A fee is assessed for electronic access to any case document,
docket sheet or case-specific report, not to exceed the fee for thirty
(30) pages.
b. Any transcript or non-case specific reports that are generated
through CM/ECF are not subject to the maximum access fee.
PACER fees are charged for every page of a transcript or non-case
specific report.
c. PACER fees will be assessed for any subsequent or untimely
viewing of any document that is electronically available.
d. For further details, an electronic public access fee schedule is
available from the PACER website.
C. COPIES AND CERTIFIED COPIES
Copies and certified copies of electronically filed documents may be purchased at
the Clerk’s office. The fee for copying and certifying documents will in accordance
with the District Court’s Fee Schedule.
22