UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
ADMINISTRATIVE PROCEDURES GOVERNING
FILING AND SERVICE BY ELECTRONIC MEANS
ELECTRONIC FILING and PDF
Electronic Filing is the process of uploading a document from a user’s computer, utilizing
the Court’s Internet-based Case Management and Electronic Case Filing (CM/ECF) system, to
file the document in the Court’s case file. CM/ECF accepts documents in a portable document
format (PDF).
Electronically converted PDF’s are created from word processing documents (MS Word,
WordPerfect, etc) using Adobe Acrobat or similar software. They are text searchable and their
file size is small. Scanned PDF’s are created from paper documents run through an optical
scanner. Scanned PDF’s are not searchable and have a large file size.
PDF documents filed electronically shall not exceed 35 megabytes in size.
ADMINISTRATIVE PROCEDURES
(A) General Information
(1) Effective March 1, 2005, all documents submitted for filing in both new and
pending civil and criminal cases, except those documents specifically exempted
in subsection (G) of these procedures, shall be filed either electronically using
CM/ECF or on a properly labeled compact disk or flash drive in PDF so that the
document can be added to the electronic case file.
(2) The official Court record in CM/ECF cases shall be the electronic file maintained
on the Court's servers, together with any paper attachments and exhibits filed in
accordance with these procedures.
(3) In instances where the Local Rules or Scheduling Orders provide for the filing of
an additional copy, a courtesy paper copy of an electronically filed document shall
be delivered to the Clerk’s Office by the next business day. Motions for
admission pro hac vice shall not require a courtesy paper copy.
(4) The Clerk's Office may discard the USB flash drive after it has been uploaded to
CM/ECF.
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(5) All documents filed by electronic means must comply with technical standards, if
any, established by the Judicial Conference of the United States or by this Court.
(B) Registration
(1) All users of CM/ECF must register with PACER to seek admission to
electronically file. Registration information is available on the Court’s web page
at www.ded.uscourts.gov.
(2) Attorneys admitted to the bar of this Court, including those authorized to
represent the United States, shall register as users of CM/ECF prior to filing any
pleadings. Registration shall continue to be effective provided the user remains a
bar member in good standing.
(3) An attorney retained in a criminal case who is not admitted to the bar of this Court
shall register as a user of CM/ECF solely for purposes of the criminal action.
Registration requires identification of the case as well as the name, address,
telephone number and Internet e-mail address of the attorney. Familiarity with
Delaware’s CM/ECF practices and procedures will be required. In addition, a
current Certificate of Good Standing is required by Standing Order.
(4) Upon approval of the judge, a party to a case who is not represented by an
attorney may register as a user of CM/ECF solely for purposes of the action. If,
during the course of the case, the party retains an attorney who appears on the
party’s behalf, the attorney must advise the Clerk of Court to terminate the party’s
registration as a user upon the attorney’s appearance.
(5) A user registered in CM/ECF shall not allow another person to file a document
using his or her log-in and password, except as an authorized agent of the user.
Use of a user’s log-in and password by an authorized agent shall be deemed to be
the act of the user. Attorneys who are not admitted to the bar of this Court or
admitted solely pro hac vice shall not be considered authorized agents.
(6) Registration constitutes consent to service of all documents by electronic means as
provided in these procedures.
(C) Filing and Service of Civil and Miscellaneous Case Opening Documents
(1) Beginning February 1, 2008, civil and miscellaneous case opening documents that
are not being filed under seal, such as a complaint, petition, or notice of removal,
together with a summons, civil cover sheet, Rule 7.1 disclosures, and any
accompanying motions, may be filed electronically into case number 99-mc-9999
(a holding case for initial documents), provided that, in instances in which a filing
fee is due, the user is either paying via credit card, or submitting an application to
proceed without prepayment of fees. As an alternative, case opening documents
CM/ECF Administrative Procedures, Revised January, 2023 Page 2
can also be filed with the Clerk’s Office during regular business hours by
delivering the documents both in paper format and on a properly labeled compact
disk or flash drive in PDF.
(2) Counsel is instructed to complete the top portion of the electronic summons and
print it out for use. A party may not electronically serve a civil complaint, but
shall effect service in the manner consistent with Fed.R.Civ.P.4.
(D) Electronic Filing
(1) Electronic transmission of a document to CM/ECF, together with the transmission
of a Notice of Electronic Filing (NEF) from the Court, constitutes filing of the
document for all purposes of the Federal Rules of Civil Procedure and constitutes
entry of the document on the docket maintained by the Clerk pursuant to
Fed.R.Civ.P.58, Fed.R.Civ.P.79 and Fed.R.Crim.P.55.
(2) Before filing a scanned document with the Court, a user must verify its legibility.
(3) A document filed electronically shall be deemed filed at the time and date stated
on the NEF received from the Court. CM/ECF will calculate all response
deadlines from the date on the NEF.
(4) All pleadings filed electronically shall be titled in accordance with the approved
dictionary of civil or criminal events listed in CM/ECF.
(E) Service of Electronically Filed Documents
(1) Whenever a pleading or other document is filed electronically, CM/ECF will
automatically generate and send a NEF to the user and to all other attorneys or
parties of record who are registered as users in CM/ECF. The user(s) shall retain
a paper or digital copy of the NEF, which shall serve as the Court's datestamp and
proof of filing.
(2) Transmission of the NEF shall constitute service of the filed document and shall
be deemed to satisfy the requirements of Fed.R.Civ.P.5(b)(2)(D),
Fed.R.Civ.P.77(d), Fed.R.Crim.P.49(b) and D. Del. LR 5.2.
(3) Attorneys who have not yet registered as users with CM/ECF, as well as pro se
litigants not registered with CM/ECF, shall be served a paper copy of any
electronically filed pleading or other document in accordance with the provisions
of Fed.R.Civ.P.5.
(4) In cases involving pro se parties, all documents filed using CM/ECF shall include
a certificate of service identifying the manner in which the service on each party
was accomplished. A sample certificate of service form is attached as Form A.
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(F) Deadlines
Filing documents electronically does not in any way alter any filing deadlines.
Aside from initial pleadings, all electronic transmissions of documents (including,
but not limited to, motions, briefs, appendices, and discovery responses) must be
completed by 5:00 p.m. Eastern Time, in order to be considered timely filed and
served that day. All electronic transmission of initial pleadings must be
completed prior to midnight Eastern Time, in order to be considered timely filed
that day. When CM/ECF calculates a deadline, it will include intermediate
weekends and holidays as prescribed in Fed.R.Civ.P.6.
(G) Special Filing Requirements and Exceptions
(1) All sealed documents in civil cases must be filed electronically in CM/ECF. A
certificate of service shall be included as an attachment to the sealed document. A
redacted version of the sealed civil document shall be filed electronically, within 7
days after the filing of the original sealed document. Courtesy paper copies of
sealed documents shall be filed with the Clerk’s Office, however, courtesy copies
of redacted versions of sealed documents shall not be filed, unless otherwise
ordered. A motion to file documents under seal may be filed electronically unless
prohibited by law. It is not necessary to file courtesy copies or redacted versions
of medical records with the Clerk’s Office. Delivery of a sealed paper courtesy
copy to the Court shall be consistent with the practice of chambers, or delivered
no later than the next business day if there are no special requirements.
(2) Sealed criminal documents must be delivered to the Clerk’s Office in sealed
envelopes with no electronic entry on the docket sheet. If the document requires
the submission of an original plus one copy, each should be in a separate sealed
envelope. The assigned Judge’s docket clerk will make the entry on the docket.
(3) The following documents shall be filed only on paper:
(a) Documents exceeding 35 megabytes (please include USB flash
drive);
(b) Initial papers of a criminal nature such as the indictment,
information, criminal complaint, application for search warrant, as
well as any superseding indictment or information.
(4) The following documents may be scanned by counsel and filed using CM/ECF,
or filed on paper:
(a) Fed.R.Civ.P.4 executed service of process documents;
(b) Attachments to filings (See subsection (J)); and
(c) The certified State Court record and other Rule 5 materials in
habeas corpus cases filed in 28 U.S.C. §2254 proceedings (the
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Delaware DOJ should include a USB flash drive).
(5) A notice of appeal may be filed using CM/ECF. The applicable filing fee must be
remitted to the Clerk’s Office within 24 hours (excluding weekends, holidays, and
days the Court is closed) of filing the notice of appeal. As an alternative, counsel
may elect to pay the filing fee by credit card using CM/ECF. A motion for leave
to proceed in forma pauperis may be filed using CM/ECF at the time that the
notice of appeal is filed.
(6) In cases involving patents and trademarks, counsel shall complete form AO-120,
Report on the Filing or Determination of an Action Regarding a Patent or Trademark,
and include it with the case initiating document. If additional patents are brought
into the case at a later time, counsel shall complete the AO-120 form, to include
the additional patents, and electronically file the form in CM/ECF. Form AO-120
can be found on the Court’s website at www.ded.uscourts.gov under the Clerk’s
Office forms section.
(7) An attorney may apply to the Court for permission to file paper documents.
(H) Signature
(1) Attorneys
The user log-in and password required to submit documents to CM/ECF shall
serve as that user's signature for purposes of Fed.R.Civ.P.11 and for all other
purposes under the Federal Rules of Civil Procedure and the Local Rules of this
Court. All electronically filed documents must include a signature block and must
set forth the attorney's name, address, telephone number and e-mail address. The
name of the CM/ECF user under whose log-in and password the document is
submitted must be preceded by a "/s/" and typed in the space where the signature
would otherwise appear.
(2) Multiple Signatures
The filer of any document requiring more than one signature (e.g., stipulations,
joint status reports) must list thereon all the names of other signatories by means
of a "/s/_____" block for each. By submitting such a document, the filing attorney
certifies that each of the other signatories has expressly agreed to the form and
substance of the document and that the filing attorney has their actual authority to
submit the document electronically. The filing attorney shall retain any records
evidencing this concurrence for future production, if necessary, until two (2) years
after the expiration of the time for filing a timely appeal. A non-filing signatory
or party who disputes the authenticity of an electronically filed document
containing multiple signatures must file an objection to the document within ten
days of the date on the NEF.
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(3) Affidavits
Affidavits shall be filed electronically; however, the electronically filed version
must contain a "/s/_____" block indicating that the paper document bears an
original signature. By submitting such a document, the filing attorney certifies
that each of the other signatories has expressly agreed to the form and substance
of the document and that the filing attorney has their actual authority to submit the
document electronically. The filing attorney shall retain the original for future
production, if necessary, for two (2) years after the expiration of the time for filing
a timely appeal.
(I) Privacy
To address the privacy concerns created by Internet access to Court documents, unless
otherwise ordered by the Court, certain personal data identifiers in pleadings and other
papers shall be redacted as follows:
(1) Names of minor children - only initials shall be used;
(2) Social security numbers - only the last four digits shall be used;
(3) Dates of birth - only the year shall be used;
(4) Financial account numbers - only the last four digits shall be used;
(5) Home addresses - only the city and state shall be used in criminal cases.
NOTE: It is not the responsibility of the Clerk’s Office to review each document to
determine if pleadings have been modified and are in the proper form. The responsibility
for redacting personal identifiers rests solely with counsel and the parties.
Caution shall also be exercised when filing documents that contain the following:
• Personal identifying numbers, such as driver’s license numbers;
• Medical records, treatment and diagnosis (shall be filed under seal with no
redacted version);
• Employment history;
• Individual financial information;
• Proprietary or trade secret information;
• Information regarding cooperation with the government;
• Victim information; and
• National security information.
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(J) Attachments to Filings and Exhibits (other than hearing and trial exhibits)
(1) Attachments to filings and exhibits must be filed in accordance with the Court’s
CM/ECF User Manual, unless otherwise ordered by the Court.
(2) Users shall not attach as an exhibit any pleading or other paper already on file
with the Court in that case, but shall merely refer to that document by file date and
docket item number when applicable.
(3) Attachments and exhibits larger than 35 megabytes may be filed electronically in
separate 35 megabyte segments (a cd rom or flash drive should be included). The
filing party must serve copies on all other parties in the manner in which the
documents were filed with the Court.
(K) Orders and Judgments
(1) Proposed orders may be submitted electronically in PDF. All proposed orders
must be either attached as an exhibit to a motion or stipulation, or contained
within the body of a stipulation.
(2) A judge or deputy clerk, if appropriate, may grant routine orders by a text-only
entry upon the docket. In such instances, no PDF document will be issued; the
text-only entry shall constitute the Court's only order on the matter and counsel
will receive a system-generated NEF.
(3) All orders, decrees, judgments, and proceedings of the Court filed electronically
will constitute entry on the docket kept by the Clerk under Fed.R.Civ.P. 58 and
79.
(L) Facsimile and Electronic Mail Transmissions
No pleadings or other documents shall be submitted to the Court for filing by facsimile or
electronic mail transmission without prior leave of Court.
(M) Technical Failures
A user whose filing is made untimely as the result of a technical failure may seek
appropriate relief from the Court.
(N) Pro Se Litigation
A party to a case who is not represented by an attorney may file and serve all pleadings
and other documents on paper. Upon approval of the judge, a pro se party may register as
a user of CM/ECF in accordance with subsection (B) of these procedures.
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(O) Access to Electronically Stored Documents
A person may review at the Clerk’s Office filings that have not been sealed by the Court.
A person also may access CM/ECF at the Court’s Internet site, www.ded.uscourts.gov, by
obtaining a PACER log-in and password. A person who has PACER access may retrieve
docket sheets and documents. Only a user under subsection (B) of these procedures may
file documents.
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Form A
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on , I electronically filed with the Clerk of Court using
CM/ECF which will send notification of such filing(s) to the following: . I hereby
certify that on , I have mailed by United States Postal Service, the document(s) to the
following non-registered participants:
/s/Name of Attorney
Law Firm Name & Address
Law Firm Phone Number
Attorney’s E-mail Address
CM/ECF Administrative Procedures, Revised January, 2023 Page 9
