Version
6.1
Revised
March 27, 2017
UNITED STATES DISTRICT COURT – DISTRICT OF COLORADO
Electronic Case Files
ELECTRONIC CASE FILING
PROCEDURES
(CIVIL CASES)
ELECTRONIC CASE FILING PROCEDURES FOR THE DISTRICT OF COLORADO
(CIVIL CASES)
Revised March 27, 2017
TABLE OF CONTENTS
Table of Contents
I. ELECTRONIC CASE FILING SYSTEM ............................................ 3
1.1 In General. .......................................................................................... 3
1.2. Exceptions. ......................................................................................... 3
1.3 Official Files and Records. .................................................................. 3
1.4 System Availability. ............................................................................. 4
II. REGISTRATION FOR PACER AND ECF ........................................ 5
2.1 PACER Registration Required for ECF. .............................................. 5
2.2 Court Registration Required for ECF. ................................................. 5
III. LOGIN AND PASSWORD ................................................................ 6
3.1 Change of Password. .......................................................................... 6
3.2 Restrictions on Use. ............................................................................ 6
3.3 Responsibility and Sanctions. ............................................................. 6
3.4 Security of Password. ......................................................................... 6
3.5 Change of E-Mail Address. ................................................................. 7
IV. ELECTRONIC FILING AND SERVICE OF DOCUMENTS ............... 7
4.1 In General. .......................................................................................... 7
4.2 Time of Filing Documents in ECF. ....................................................... 7
4.3 Signatures. .......................................................................................... 8
4.4 New Cases. ......................................................................................... 9
4.5 Documents that Add or Delete Attorneys. ......................................... 11
4.6 Motions Practice................................................................................ 11
4.7 Service. ............................................................................................. 12
4.8 Oversized Electronic Documents; Exhibits to a Pleading, Motion, Brief,
or Other Paper. ................................................................................................. 13
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
4.9 Trial Documents. ............................................................................... 15
4.10 Docket Entries To Be Made by Filer. ................................................. 15
4.11 Correction of Filings. ......................................................................... 16
4.12 Proposed Orders. .............................................................................. 16
4.13 Notice of Court Orders and Judgments. ............................................ 16
4.14 Entry on Docket by Clerk................................................................... 16
4.15 Taxation of Costs. ............................................................................. 17
4.16 Appeals in General............................................................................ 17
4.17 Supersedeas Bond............................................................................ 17
V. PUBLIC ACCESS TO DOCUMENTS AND PROCEEDINGS ......... 17
5.1 Filing of Cases and Documents Under Restriction. ........................... 17
5.2 Documents Submitted for In Camera Review. .................................. 19
VI. EMERGENCY MATTERS IN BANKRUPTCY APPEALS ............... 19
VII. POST-JUDGMENT PROCESS ....................................................... 19
VIII. HYPERLINKS ................................................................................. 20
8.1 Types of Hyperlinks........................................................................... 20
8.2 Standard Citation Format Required................................................... 20
8.3 Limitation. .......................................................................................... 20
8.4 Disclaimer. ........................................................................................ 20
IX. PRIVACY POLICY .......................................................................... 20
X. PUBLIC ACCESS TO ECF ............................................................. 20
10.1 Access at the Clerk’s Office. ............................................................. 20
10.2 Paper Copies and Certified Copies. .................................................. 20
10.3 Internet Access. ................................................................................ 20
XI. APPENDICES ................................................................................. 21
11.1 Appendix 1 Judicial Officers E-mail Addresses ................................. 21
11.2 Appendix 2 Sample format – Certificate of Service (COS) ............ 22
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
ELECTRONIC CASE FILING PROCEDURES FOR THE DISTRICT OF COLORADO
(CIVIL CASES)
Revised March 27, 2017
I. ELECTRONIC CASE FILING SYSTEM
1.1 In General. Unless otherwise permitted by these administrative
procedures, by local rules, or by a general order of the court, all
documents filed in civil cases, shall be filed electronically in a portable
document format (PDF) using the Electronic Case Filing System
(ECF).
1.2. Exceptions.
(a) Materials That Cannot Be Converted to Electronic Form.
Materials that cannot be converted to electronic form (e.g.,
videotape, audiotape, etc.) may be filed by delivering them
directly to the clerk’s office and following Section 4.8(f) of these
procedures. For brevity, these procedures sometimes refer to
these materials as “conventionally submitted materials.”
(b) Initiating Documents. Complaints, petitions, notices of
removal, civil cover sheets, summonses, and other case-
initiating documents are governed by Section 4.4of these
procedures.
(c) Restricted Cases. Cases commenced under restriction
pursuant to statute or restricted pursuant to order in
accordance with the local rules of this court shall be filed in
accordance with Section V.
(d) Restricted Documents and Documents for In Camera
Review. Such documents shall be filed in accordance with
Section V.
(e) Prisoner Pro Se. Prisoner pro se parties must file their
documents in paper. Their documents will be scanned and
uploaded into ECF by court staff.
(f) Non-Prisoner Pro Se. Unless they comply with Section 2.2 (b)
of these procedures, non-prisoner pro se parties must file their
documents in paper. Their documents will be scanned and
uploaded into ECF by court staff.
1.3 Official Files and Records.
(a) Files. The clerk’s office will not maintain a paper court file in
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
any civil case except as otherwise provided in these
procedures.
(b) Official Record. The official court record from June 20, 2005,
forward shall be the electronic file maintained on the court’s
servers and any documents or exhibits which these procedures
allow to be filed by delivery to the clerk’s office and are not
scanned and posted to ECF.
(c) Filing for Purposes of Rules. Electronic transmission of a
document to ECF consistent with these procedures, together
with the transmission of a Notice of Electronic Filing (NEF) that
the court’s system generates from the electronic submission,
constitutes filing of the document for purposes of the Federal
Rules of Civil Procedure and the local rules of this court, and
constitutes entry of the document on the docket kept by the
clerk under Fed. R. Civ. P. 58 and 79.
(d) Filer Required to Maintain Certain Documents. Documents
(a) that are electronically filed and (b) that require signatures,
other than or in addition to that of the filer (e.g., affidavits),
must be maintained in paper form by the filer until two years
after all time periods for appeal expire and all appeals are final.
At the request of the court, the filer must provide the
documents for review.
(e) Legible. Filers are required to verify that all documents are
legible before the documents are filed electronically with the
court.
(f) Scanning. Filers shall only scan documents unavailable in an
electronic format. Documents shall be converted to PDF
directly from the software application in which they were
created (e.g., Word, WordPerfect, Excel). Documents
converted electronically shall be text-searchable.
1.4 System Availability.
(a) Schedule. ECF will be available 24 hours a day, seven days a
week. If maintenance or repairs require a period of downtime,
advance notice will be provided on the court’s web site.
(b) ECF Assistance. Help with technical ECF problems is
available Monday through Friday between the hours of 8:00
am and 5:00 pm via email at
[email protected].
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
II. REGISTRATION FOR PACER AND ECF
2.1 PACER Registration Required for ECF. Documents already on the
court’s servers are accessed through the Public Access to Court
Electronic Records (“PACER”) Service Center. The Notice of
Electronic Filing generated by each transmission of a document to
ECF permits the filer and each recipient, without charge, to view,
print, and/or download the document filed. Any subsequent use of
ECF to review documents requires a PACER login, in addition to the
ECF login and password issued by the court. To register for PACER,
a user must complete the online form or submit in paper a registration
form available on the PACER web site PACER.
2.2 Court Registration Required for ECF.
(a) Attorney Admitted to Practice in This Court. (See
D.C.COLO.LAttyR 3). An attorney who is a member in good
standing of the bar of this court shall, register as a participant
in ECF by completing the ECF Attorney Registration process
through the attorney services portal on the court’s web site.
After the registration is approved by the court, the clerk’s office
will send the attorney’s ECF login information via the attorney
services portal. The ECF account is the possession of the
attorney, not the firm, and responsibility for maintenance
is the attorney’s.
Attorneys registered for ECF and representing themselves pro se
shall use ECF to file documents.
(b) Non-Prisoner Pro Se. A non-prisoner pro se party may apply
to register as a participant in ECF by completing an ECF
Registration Form - Pro Se and submitting it, in paper, to the
clerk’s office. Consult the court’s website under E-Filing. The
non-prisoner pro se party must have a pending case before
the court. If the applicant is approved by the court, the non-
prisoner pro se applicant will be required to take ECF training
before a login is issued. After successful training, the clerk’s
office will send the applicant’s ECF login to the applicant’s e-
mail account.
(1) Pro se e-filers must file all permissible pleadings
electronically.
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
(2) Upon (1) closure of the case for which access is granted
(and the expiration of all appeal periods) or (2) entry of
appearance by counsel on behalf of the pro se party, the
account will be deactivated.
(3) If a non-prisoner pro se party was previously granted e-filing
status in a case and it was deactivated based upon II.(b)(2);
and (1) has a new case or (2) counsel no longer represents
them, they shall complete a new Pro Se ECF Registration
Form indicating the reason for reactivation. For reactivation,
the non-prisoner pro se may not be required to take
training.
(c) Consent to Electronic Service. Registration as a participant
in ECF shall constitute consent to electronic service of all
documents in accordance with the Federal Rules of Civil
Procedure.
ECF participants shall verify that any security filtering software on
the user’s electronic mail system will not inhibit electronic service
from the court.
(d). Revocation of ECF Registration and Access. The court
may, for good cause, revoke the ECF registration of an
attorney or non- prisoner pro se party.
III. LOGIN AND PASSWORD
3.1 Change of Password. After registering, an attorney or non-prisoner
pro se e-filer may change his or her ECF password. Directions on how
to do so may be found in the ECF User’s Manual on the court’s web site
HERE.
3.2 Restrictions on Use.
(a) No attorney shall permit or cause to permit his or her login and
password to be used by anyone other than a person whom the
attorney has authorized to file in the attorney’s name.
(b) A non-prisoner pro se party shall not permit or cause to permit
any other person to use his or her login or password.
3.3 Responsibility and Sanctions. An attorney or non-prisoner pro se e-
filer is responsible for all documents filed using his or her login and
password, and is subject to sanctions under Fed. R. Civ. P. 11.
3.4 Security of Password. If an attorney or non-prisoner pro se e-filer
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
believes that the security of an existing password has been
compromised or that an ECF account has been misused, the attorney
or non-prisoner pro se party must change his or her password and
notify the Clerk's Office immediately.
3.5 Change of E-Mail Address. An attorney or non-prisoner pro se e-filer
whose e-mail address changes shall, within five days, (1) change their
primary e-mail address and any secondary e-mail addresses in the
account maintenance link in ECF, and (2) file a notice of change of
primary e-mail address in each active case. Attorneys will additionally
submit a change of contact information through the Attorney Services
Portal HERE.
IV. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
4.1 In General.
(a) Filing in ECF. All motions, pleadings, papers, applications,
briefs, memoranda of law, or other documents shall be
electronically filed in ECF, except as otherwise provided by
these procedures. Except as otherwise provided with respect
to case-initiating documents (see Section 4.8 of these
procedures), e-mailing a document to the clerk’s office or to a
judicial officer does not constitute filing the document.
(b) Fees Payable to Clerk. Any fee required for filing a pleading
or paper is payable to the Clerk, U.S. District Court via
pay.gov, check, money order, credit card, or cash. The clerk’s
office will document the receipt of fees in ECF. See Section
4.4(c)(3) for payment instructions.
4.2 Time of Filing Documents in ECF.
(a) Document Deemed Timely. A document will be deemed
timely filed in ECF if it is filed on or before 11:59 PM (Mountain
Time) on its due date unless a specific time is designated by a
judicial officer in an order.
(b) ECF Technical Failure. The clerk’s office may deem the ECF
site subject to a technical failure on a given day if the site is
unable to accept filings. In the event of a technical failure,
notice thereof will be posted on the court’s web site, and
documents due that day shall be due the next business day.
(c) Filer’s Technical Difficulty. A filer who cannot file a pleading
or document due on a given date in ECF because of a
technical difficulty not covered in Section 4.2(b) above must
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
file as soon as practicable a motion for extension of time to file
the pleading or document.
4.3 Signatures.
(a) “s/ signature.” Every pleading, written motion, and other
paper requiring a signature must include a signature block with
the filer’s name preceded by an “s/” or “/s/” and typed in the
space where the signature would otherwise appear.
(b) Filer’s Signature on Case-Initiating Documents. The login,
password and “s/ signature” serves as the filer’s signature on
all such documents filed with the court. It also serves as the
filer’s signature for purposes of the Federal Rules of Civil
Procedure, the local rules of this court, and any other purpose
for which a signature is required in connection with
proceedings before the court.
(c) Filer’s Signature on Documents. The login, password, and
the “s/ signature” serve as the filer’s signature on all
documents electronically filed with the court. They also serve
as the filer’s signature for purposes of the Federal Rules of
Civil Procedure, the local rules of this court, and any other
purpose for which a signature is required in connection with
proceedings before the court. The “s/signature” must match
the filer name on the account for which the login and
password are registered.
(d) Signature Block. The correct format for a signature block is
as follows:
s/ Pat Attorney
Pat Attorney
ABC Law Firm
123 South Street
Denver, CO 80202-1234
Telephone: (303) 555-5555
FAX: (303) 555-5554
E-mail:
[email protected]
Attorney for (Plaintiff/Defendant) XYZ Company
(e) Multiple Signatures. When a stipulation or other document
(e.g., a joint motion or joint exhibit list) requires two or more
signatures:
(1) the filer shall confirm that the content of the document is
acceptable to all signatories by obtaining their ink
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
signatures or electronic signature (by e-mail or
facsimile) authorization from counsel; and
(2) the filer shall file the document electronically using the
“s/ signature” for each signatory.
(f) Non-Attorney/Third Party Signatures. If a document
requires a signature other than that of the filer (e.g., an
affidavit or declaration), the filer must obtain the ink signature
of the signatory and the notary if applicable on the paper
document. The filer shall then cause the “s/ signature” of the
signatory and the notary if applicable to be placed on the
electronic word processing version of the document. After
obtaining the ink signature(s) on paper and affixing the “s/
signature(s)” to the word processing version, the filer shall
cause the word processing version to be converted to PDF
and posted to ECF. Scanning the document and posting the
scanned result to ECF should be avoided. By filing the
document, the filer certifies that the document has been signed
by all necessary people, including affiant or declarant and
notary if applicable, that the ink-signed version exists, and that
the document will be available in the filer’s office for inspection.
(1) This rule includes all notarized documents.
(2) This rule includes all documents requiring the
signature(s) of a non-attorney, but submitted by a filer
(e.g. affiant or declarant).
(3) The electronically filed document as it is maintained on
the court’s servers shall constitute the official version of
that record.
(4) Upon request by an attorney of record, a pro se party or
the court, the ink signature version of the document
must be made available for inspection.
4.4 New Cases.
(a) Initiating Documents From ECF Registrants. Case-initiating
documents (e.g., complaint, petition or notice of removal), civil
cover sheet, and summons (if the initiating party is requesting
the clerk to issue a summons) must/shall be electronically filed
in ECF utilizing the attorney case opening functionality (see
user manual posted on the Court’s website). The documents
must be in PDF format and must comply with the size and
exhibit requirements in Section 4.8. The filing fee must be
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
tendered when the initiating document is filed. The options for
payment are via pay.gov (ACH payment “e-check” or credit
card), government agency exemption or filing an application to
proceed pursuant to 28 U.S.C. § 1915 or 38 U.S.C. § 4323(b).
(NOTE: Once a case has been opened, if the initiating
document is not filed within 24 hours, no judicial assignment
will be made and the case will be closed; if the filing fee is not
paid with the initiating document and is not paid within 3 hours,
no judicial assignment will be made and the case will be
closed.)
Once the case is opened, initiating document has been filed and
the fee has been paid, a judicial assignment will be made and the
parties notified.
(b) Notice of Removal. When opening a Notice of Removal case
the Notice of Removal and filing fee shall be filed in ECF with
the Service of Process, Pleadings, and Orders served upon
the defendant from the state filing (see training materials
posted on the Court’s website). Procedurally, each of the
documents should be a separate PDF document and be
named to easily identify the document. For example, the state
complaint might be named “complaint.pdf”, the answer might
be named “answer.pdf”, etc.
(c) Submitting Initiating Documents by E-mail.
(1) E-mail Address. The e-mail address for submitting
initiating documents for any civil case type other than
those contained in 4.4(a) (e.g. sealed cases,
applications for civil seizure warrant, application for
inspection warrant, warrant for entry and investigation
or warrant to determine need for and to undertake
response action, motion for extension of time to file
forfeiture action, certificate of judgment from another
district, etc.) is
[email protected]. Except
as otherwise stated in these procedures, only case-
initiating documents, civil cover sheets and summons
forms may be sent to this e-mail address.
(2) Subject Line. In the subject line of the new cases e-
mail, indicate that this is a new case by typing “new
case” and the short case title (new case - Jones v.
Smith) in the subject line.
(3) Filing Fee. In the e-mail, indicate whether the filing party
is:
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
(A) paying the filing fee by cash, check, or money
order separately delivered to the clerk’s office and,
in the case of a check or money order, made
payable to “Clerk, U.S. District Court,” including
the short case title typed or written directly on the
memo line of the check or money order; (NOTE:
The case will not be opened until payment is
received).
(B) paying the filing fee by a credit card in which case
the filing party will indicate type of card (e.g., Visa,
Master Card, Discover) and attach in the e-mail
the single use credit card use form which can be
found on the court’s website.
(d) Initiating Documents From Pro Se Parties Filing in Paper.
Initiating documents received from pro se parties filing in paper
will be scanned and posted to ECF by court staff upon
payment of the filing fee or order to commence an action.
(e) Service. A party may not serve a complaint electronically.
Service must be in accordance with Fed. R. Civ. P. 4.
(f) Summonses. Summonses (AO 440 form) shall be
electronically filed in ECF as an attachment to the initiating
document, or by selecting the Summons Request event.
4.5 Documents that Add or Delete Attorneys.
(a) Appearance. ECF only recognizes an appearance of an
attorney or party who (1) signs the initial document or (2) files
an entry of appearance in ECF. Under D.C.COLO.LAttyR 5,
unless otherwise ordered, an attorney shall not appear in a
matter before the court unless the attorney has filed an Entry
of Appearance or signed and filed a pleading or document.
(b) Withdrawal of Appearance. Withdrawal of an appearance
shall be in accordance with D.C.COLO.LAttyR 5. Upon entry of
the order granting withdrawal, the clerk shall terminate the
movant as an attorney of record in that case in ECF.
4.6 Motions Practice.
(a) Motion Needing Immediate Attention. When a motion for a
temporary restraining order, preliminary injunction, or any
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
other motion requiring immediate attention has been
presented, the filer shall call the clerk’s office at 303-844-3433
to notify the court of such filing.
(b) Leave of the Court. If filing a document requires leave of the
court (e.g., an amended complaint, sur-reply brief, etc.), the
filer shall post the proposed document as an ECF attachment
to the motion. (See Section 4.8 of these procedures
concerning filing of attachments.)
4.7 Service.
(a) Certificate of Service Required. A certificate of service shall
be made part of the pleading in ECF. A certificate of service
shall list all parties entitled to service or notice, and the manner
in which service or notice was accomplished on each party.
(b) Notice of Electronic Filing Constitutes Service on ECF
Participant. When a pleading or document is filed in ECF,
ECF will generate a Notice of Electronic Filing (NEF.) If a
recipient is a registered participant in ECF, the ECF-generated
Notice of Electronic Filing (NEF) shall constitute service of the
document pursuant to Fed. R. Civ. P. 5 and D.C.COLO.LCivR.
5.1(d). Recipients are responsible for reviewing the information
contained in the NEF and/or the attached PDF document(s).
(c) Terminating and Reactivating Electronic Service. A user
receiving electronic service in a case may notify the court that
service should be terminated by filing a notice stating either (1)
that an order for withdrawal for the user has been granted or
(2) that the party the user represents is no longer pending in
the case. Counsel may file a notice re-activating service with
the court in those situations where service has been
terminated.
(d) Service on Parties Not Registered for ECF. Filers are
required to serve copies of any electronically filed pleading,
document, or proposed order on parties not registered for ECF
according to the Federal Rules of Civil Procedure. 1 When
serving paper copies of documents that have been
electronically filed, the filer shall include a copy of the Notice of
Electronic Filing to provide the recipient with proof of the filing.
1
A filer may check ECF to see if a party is registered to receive e-mail noticing before posting a filing in ECF. This can be
accomplished by clicking on the Utilities menu choice. Under the miscellaneous heading, click on the Mailings link. Click
on the Mailing Info for a Case link, enter the case number and click on the Submit button. If more than one case matches
the case number, a case verification window may appear. The Electronic Mail Notice List and Manual Notice List appear
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
(e) Paper Copies. A filer who is permitted or required to file paper
copies of documents shall file with the clerk’s office the
original, and must also serve paper copies on all parties
entitled to service or notice in accordance with local rules.
4.8 Oversized Electronic Documents; Exhibits to a Pleading, Motion,
Brief, or Other Paper.
(a) Size. The size limit for each PDF file/document filed in ECF shall
be posted in the Court Information section on the opening page of
the ECF website when logged into ECF. For the purpose of this
procedure, each electronically filed pleading, motion, brief, or
other paper, and each exhibit to the pleading, motion, brief, or
paper (whether the exhibit is denominated by the filer as an
exhibit, attachment, appendix, or otherwise) is a separate PDF
file/document. Filing these files/documents in ECF requires use of
ECF’s attachment feature.
(b) Oversized Documents To Be Broken Into Separate Parts. Any
PDF file/document which exceeds the size limit shall be separated
into electronic files under the size limit, and each file must then be
filed in ECF.
(1) Oversized Pleading, Motion, Brief, or Other Paper. If
the oversized document is the pleading, motion, brief, or
other paper being filed, the electronic PDF file
containing the first part of the pleading, motion, brief, or
other paper will be submitted as the main document
(e.g., Brief in Support of Motion for Summary
Judgment), and the electronic PDF file(s) containing the
remaining part(s) of the pleading, motion, brief, or paper
will each be submitted as a separate ECF attachment(s)
to the main document. The filer must label each part
clearly when attaching it in ECF.
(2) Oversized Exhibits to an Electronically-Filed
Pleading, Motion, Brief, or Paper. If the oversized
document is an exhibit to the pleading, motion, brief, or
other paper being filed, the electronic PDF files
containing the parts of the exhibit will be submitted as
separate, successive ECF attachments to the main
document. The filer must label each part clearly when
attaching it in ECF.
(c) Exhibits to an Electronically Filed Pleading, Motion, Brief, or
Paper. Each exhibit referenced in a pleading, motion, `brief or
other electronic filing (whether the exhibit is denominated by the
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
filer as an exhibit, attachment, appendix, or otherwise) shall be
submitted to ECF as a separate ECF attachment to the main
document, regardless of the size of the file containing the exhibit.
The filer must label each exhibit clearly by using the “category”
and “description” boxes, either together or separately, when
attaching it in ECF. The label should accurately reflect the title of
the document.
(d) Sample(s). If the filer follows these procedures and the menus in
ECF, the docket entry for an oversized document or for a pleading,
motion, or brief with exhibits will appear as follows (hyperlinks
bolded and underscored):
Sample Docket Entry:
BRIEF in Support of 184 MOTION for Summary Judgment filed by
Defendant Golden Rule Insurance Company Pages 1-50. (Attachments:
# 1 Continuation of Main Document Brief in Support of Motion for
Summary Judgment Pages 51-70 #2 Affidavit of John Smith #3
01/21/2005 185
Deposition Excerpts Jane Doe's Deposition #4 Exhibit A Amended
Contract Pages 1-15 #5 Exhibit A Amended Contract Pages 16-24 #6
Conventionally submitted Videotape Deposition of John Doe)(gms, )
(Entered: 01/21/2005)
Sample of the screen viewed when the hyperlink to sample document
#185 is clicked:
Document Selection Menu
Select the document you wish to view.
Document Number: 185 50 pages 2.5 mb
Attachment Description
1 Continuation of Main Document Brief in Support
of Motion for Summary Judgment Pages 51-70
19 pages 1.2 mb
2 Affidavit of John Smith
3 Deposition Excerpts Jane Doe's Deposition 2 pages 0.5 mb
4 Exhibit A Amended Contract Pages 1-15 3 pages 0.7 mb
5 Exhibit A Amended Contract Pages 16-24 15 pages 3.4 mb
6 Conventionally submitted Videotape Deposition 9 pages 3.1 mb
View All or Download All 99 pages 11.2 mb
(e) Color or Graphics. Because documents scanned in color or
containing graphics take longer to upload, filers must configure
scanners to scan documents at 200 dots per inch (dpi) or lower.
(f) Conventionally Submitted Materials. A party may conventionally
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ECF CIVIL PROCEDURES v. 6.1 REVISED March 27, 2017
submit, without seeking leave of court, exhibits or materials that
cannot be converted to electronic form (e.g., video tape, audio tape,
etc.). Conventionally submitted materials must be submitted
according to the following procedure.
(1) Cover Page. Conventionally submitted materials shall be
submitted with a paper cover page containing the case
caption, a description of the materials, and a designation of
the pleading or motion to which the materials relate (e.g.,
“Videotape Deposition of John Doe, Exhibit 7 to Plaintiff’s
Motion for Summary Judgment”). The PDF version of the
cover page shall be an ECF attachment to the electronically
filed pleading, motion, or paper to which the materials relate.
(See samples above.) An electronic version of the cover
page need not be submitted on stand-alone administrative
records filed conventionally. A paper copy of the Notice of
Electronic Filing of the ECF attachment shall also be
submitted to the clerk’s office with the materials.
(2) Service. The filer must serve the conventionally submitted
materials on all other parties. The Notices of Electronic
Filing generated by the electronic filing of the cover page
and by the court’s text-only entry noting receipt of the
materials shall not constitute service.
4.9 Trial Documents. Trial documents such as proposed jury instructions,
exhibit lists, and proposed voir dire questions shall be electronically filed in
ECF so that their filing can be part of the official record. A judicial officer
also may impose additional requirements to facilitate use of the
documents at trial (e.g., require paper or require that a WordPerfect or
Word version of the documents be submitted on disk or CD or sent to the
chambers e-mail address listed on the court’s website). Any additional
requirements may be found by reviewing the “Judicial Practice Standards”
for the presiding or referral judge on the court’s web site by clicking HERE.
All versions of trial documents, including proposed jury instructions,
submitted electronically to the judicial officer pursuant to this section must
be in Word or WordPerfect format.
4.10 Docket Entries To Be Made by Filer.
(a) Title of Docket Entry. The filer is responsible for designating an
appropriate docket entry title by using one of the docket event
categories prescribed by the court. If the filer is in doubt, he or she
should contact the presiding judicial officer’s case administration
specialist for assistance.
(b) Correction of Docket Entry. After a document is filed in ECF,
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corrections to the docket can only be made by the clerk’s office.
ECF will not permit the filer to make changes to a document or
docket entry after the transaction has been submitted.
4.11 Correction of Filings.
(a) Documents Filed in Error in Correct Case. A document filed in
error in the correct case (e.g., wrong version of the document
attached, wrong event code, etc.) shall remain a part of the record
as filed. Upon discovery of an error, the filer shall comply with
D.C.COLO.LCivR 15.1.
(b) Document Filed in Wrong Case. If a document is filed in the
wrong case the filer shall:
(1) call the presiding judicial officer’s case administration
specialist, and
(2) file the document in the correct case.
4.12 Proposed Orders.
(a) How to Submit to ECF.
(1) A proposed order may be submitted electronically in ECF as
an ECF attachment to an unopposed motion or
nondispositive motion requesting the relief to be ordered.
See D.C.COLO.LCivR. 7.1(g).
(b) Signed Orders. The clerk shall enter all signed orders on the
docket in ECF.
4.13 Notice of Court Orders and Judgments. Upon the entry of an order or
judgment on the docket in ECF, a Notice of Electronic Filing (NEF) from
CM/ECF is transmitted which constitutes the notice required under Fed.
R. Civ. P. 77(d). The clerk shall give notice in paper form to a person
who has not consented to electronic service in accordance with the
Federal Rules of Civil Procedure.
4.14 Entry on Docket by Clerk.
(a) Fed. R. Civ. P. 58 and 79. All orders, decrees, judgments, and
proceedings of the court filed in ECF shall constitute entry on the
docket kept by the clerk under Fed. R. Civ. P. 58 and 79.
(b) Same Force and Effect. Any order or other court-issued
document filed electronically without the manual signature of a
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judicial officer or clerk has the same force and effect as if the
judicial officer or clerk had signed a paper copy of the order and it
had been entered on the docket in a conventional manner.
(c) “Text Only Order” Docket Entry. An order may be issued as a
“text only order” entry on the docket, without an attached
document. Such orders are official and binding. A judicial officer
or the Clerk’s office, if appropriate, may issue routine orders or
notices by a “text only” docket entry for which ECF will generate a
Notice of Electronic Filing (NEF) and e-mail notification to parties
in ECF. In such cases, no PDF document will be attached. The
“text only order” will constitute the court’s only documentation on
the matter. Copies of a Notice of Electronic Filing (NEF) for the
“text only” docket entry will be sent in paper format to those not
using ECF.
4.15 Taxation of Costs. The proposed bills of costs shall be filed
electronically in ECF using the docket event “Proposed Bill of Costs.”
(See D.C.COLO.LCivR 54.1)
4.16 Appeals in General. When a notice of appeal is filed in ECF, it is not
necessary to provide the court with paper copies of the notice for service
on the other parties. The Notice of Electronic Filing (NEF) generated by
the system will constitute the copy the clerk is required to serve under
Fed. R. App. P. 3(d). See Section 5.4(c)(3) regarding filing fees.
4.17 Supersedeas Bond. A supersedeas bond requires court approval and
shall be filed and transmitted as a proposed order under Section 4.12.
(See D.C.COLO.LCivR 67.1)
V. PUBLIC ACCESS TO DOCUMENTS AND PROCEEDINGS
5.1 Filing of Cases and Documents Under Restriction.
(a) Restricted Cases.
(1) Commencing an Action. When commencing an action
either under restriction pursuant to statute or by filing a
motion to restrict it shall be done in accordance with Section
4.4. of these procedures and D.C.COLO.LCivR. 7.2. The e-
mail or cover letter shall note that it is to be restricted or that
a motion to restrict the case is being filed.
(2) Filing Electronically. Once commenced, except for the
parties’ initial filing, all subsequent documents shall be filed
using ECF.
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(3) Service of Documents. Parties should not use the court’s
electronic notice facilities to serve documents in restricted
cases. A redacted NEF will be sent on documents filed in
restricted cases.
(4) Viewing Restricted Cases. Parties to the case and the
court may view docket entries and documents in restricted
cases.
(b) Document Restriction Level 1 (access limited to case
participants and the court).
(1) Filing Restricted Documents. Any document ordered to be
filed under restriction or a document where the filing party is
contemporaneously filing a motion to restrict the document
shall be filed using ECF.
The document should be filed using the docket event
“Restricted Document level ..........” (e.g., Level 1 = access
limited to case participants and the court).
(2) Service of Documents. A redacted NEF will be sent on
documents filed and access to the document is available via
the NEF. If a party is not authorized to file electronically,
service should be made in accordance with the Federal
Rules of Civil Procedure and a certificate of mailing must be
attached to the filed document.
(3) Viewing Restricted Level 1 Documents. Case participants
and the court may view the document via the NEF.
(c) Document Restriction Level 2 (access limited to the filing
party and the court).
(1) Filing Restricted Documents. Any document ordered to be
filed under restriction or a document where the filing party is
contemporaneously filing a motion to restrict the document
shall be filed using ECF.
The document should be filed using the docket event
“Restricted Document level ..........” (e.g., Level 2 = access
limited to the filing party and the court).
(2) Service of Documents. A redacted NEF will be sent on
documents filed and the appropriate parties will have access
via the NEF. If a party is not authorized to file electronically,
service should be made in accordance with the Federal
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Rules of Civil Procedure and a certificate of mailing must be
attached to the filed document.
(3) Viewing Restricted Level 2 Documents. The filing party
and the court may view the document via the NEF.
(d) Document Restriction Level 3 (access limited to the court).
(1) Filing Restricted Documents. Any document ordered to be
filed under restriction or a document where the filing party is
contemporaneously filing a motion to restrict the document
shall be filed using ECF.
The document should be filed using the docket event
“Restricted Document level ..........” (e.g., Level 3 - access
limited to the court).
(2) Service of Documents. A redacted NEF will be sent on
documents filed but the parties will not have access via the
NEF. Service should be made in accordance with the
Federal Rules of Civil Procedure and a certificate of mailing
must be attached to the filed document.
(3) Viewing Restricted Level 3 Documents. The court may
view the document via the NEF.
5.2 Documents Submitted for In Camera Review. A party who seeks to
present a document to a judicial officer for in camera review, whether
acting on the party’s own initiative or pursuant to a court order, shall
present the document to the judicial officer by electronically filing in ECF
or in accordance with judicial practice standards.
VI. EMERGENCY MATTERS IN BANKRUPTCY APPEALS
If a matter needs to be brought to the court’s attention before the transmittal of
the notice of appeal, the moving party shall file the case-initiating motion in the
manner outlined in Section 4 for initiating a case. The e-mail address for
submitting the motion is
[email protected].
VII. POST-JUDGMENT PROCESS
Parties needing to have writs and other post-judgment process issued by the
court shall submit the items electronically in ECF. If appropriate for issuance,
the clerk shall sign, seal, and electronically return the documents to the filing
party for service.
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VIII. HYPERLINKS
8.1 Types of Hyperlinks. Electronically filed documents may contain the
following types of hyperlinks:
(a) hyperlinks to other portions of the same document; and
(b) hyperlinks to a location on the Internet that contains a source
document for a citation.
8.2 Standard Citation Format Required. Hyperlinks to cited authority may
not replace standard citation format. Complete citations must be
included in the text of the filed document.
8.3 Limitation. Neither a hyperlink, nor any site to which it refers, shall be
considered part of the official record. Hyperlinks are simply convenient
mechanisms for accessing material cited in a filed document.
8.4 Disclaimer. The court accepts no responsibility for, and does not
endorse, any product, organization, or content at any hyperlinked site,
or at any site to which that site may be linked. The court accepts no
responsibility for the availability or functionality of any hyperlink.
IX. PRIVACY POLICY
See Federal Rule of Civil Procedure 5.2.
See D.C.COLO.LCivR 7.2.
X. PUBLIC ACCESS TO ECF
10.1 Access at the Clerk’s Office. Access to ECF is available to the public
at no charge at the clerk’s office during regular business hours (see
D.C.COLO.LCivR 7.2).
10.2 Paper Copies and Certified Copies. Paper copies and certified copies
of electronically filed documents may be purchased at the clerk’s office.
The fee for copying and certifying will be in accordance with 28 U.S.C. §
1914.
10.3 Internet Access. Remote electronic access to ECF 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 cases. Any member of the public may apply for a PACER account.
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XI. APPENDICES
11.1 Appendix 1 Judicial Officers E-mail Addresses
Chief Judge Marcia S. Krieger
[email protected]
Senior Judge Richard P. Matsch
[email protected]
Senior Judge John L. Kane
[email protected]
Senior Judge Lewis T. Babcock
[email protected]
Senior Judge Wiley Y. Daniel
[email protected]
Judge Robert E. Blackburn
[email protected]
Judge Philip A. Brimmer
[email protected]
Judge Christine M. Arguello
[email protected]
Judge William J. Martínez
[email protected]
Judge R. Brooke Jackson
[email protected]
Judge Raymond P. Moore
[email protected]
Senior Circuit Judge David M. Ebel
[email protected]
Magistrate Judge Michael J. Watanabe
[email protected]
Magistrate Judge Craig B. Shaffer
[email protected]
Magistrate Judge Michael E. Hegarty
[email protected]
Magistrate Judge Kristen L. Mix Magistrate
[email protected]
Judge Kathleen M. Tafoya
[email protected]
Magistrate Judge Gordon P. Gallagher
[email protected]
Magistrate Judge David L. West
[email protected]
Magistrate Judge Nina Y. Wang
[email protected]
Magistrate Judge Scott T. Varholak
[email protected]
Proposed Orders for visiting judges should be submitted pursuant to the
home court preferences of the visiting judge.
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11.2 Appendix 2 Sample format – Certificate of Service (COS)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
I hereby certify that on Date , I electronically filed the foregoing with
the Clerk of Court using the CM/ECF system which will send notification of such filing to
the following e-mail addresses:
,
and I hereby certify that I have mailed or served the document or paper to the following non
CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-
participant’s name:
s/ Pat Attorney (or COS Preparer)
Pat Attorney
ABC Law Firm
123 South Street
Denver, CO 80202-1234
Telephone: (303) 555-5555
FAX: (303) 555-5554
E-mail:
[email protected]
Attorney for (Plaintiff/Defendant) XYZ Company
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