CASE MANAGEMENT
ELECTRONIC CASE FILING
CM/ECF NextGen
Administrative Procedures
Southern District of Florida
(Effective December 1, 2025)
Table of Contents
Section 1 – INTRODUCTION ....................................................................................................................................... 5
1A. Terms ......................................................................................................................................................................5
1B. The Electronic Record & The Authorization for Electronic Filing ............................................................................5
Section 2 - FILER CATEGORIES AND ELIGIBILITY TO FILE ELECTRONICALLY.................................................................. 6
2A. Attorneys Admitted to Practice in the Southern District of Florida .......................................................................6
2B. Attorneys Appearing Pro Hac Vice ..........................................................................................................................6
2C. Pro Se Litigants .......................................................................................................................................................6
Section 3 - USER INFORMATION AND RESPONSIBILITIES............................................................................................ 7
3A. General Requirements ............................................................................................................................................7
3B. Registration.............................................................................................................................................................7
3C. Login and Password ................................................................................................................................................7
3D. Changes of Address and Contact Information ........................................................................................................7
3E. Government Attorneys ...........................................................................................................................................8
3F. Changes of Name ...................................................................................................................................................8
3G. Technical Specifications..........................................................................................................................................8
(1) Hardware/Software Generally Required for Electronic Filing ........................................................................................ 8
(2) Electronic Mailbox ......................................................................................................................................................... 9
(3) Size Limitation for Any Electronically-Filed Document .................................................................................................. 9
(4) Hyperlinks ...................................................................................................................................................................... 9
(5) Text Searchable Requirement........................................................................................................................................ 9
3H. Filing Information....................................................................................................................................................9
(1) Date Electronic Document is Filed ................................................................................................................................. 9
(2) Abolishment of the Nightbox Policy ............................................................................................................................ 10
(3) Court CM/ECF System Hours and Help Desk Information ........................................................................................... 10
(4) Technical Failure of the Court’s CM/ECF System ......................................................................................................... 10
(5) Failure of User’s System .............................................................................................................................................. 10
(6) Availability of CM/ECF Workstations and Scanners at Courthouses [DELETED] .......................................................... 10
(7) Filings May Not Be Submitted on CD, DVD, or Thumb Drive ....................................................................................... 10
(8) Documents Written in Foreign Languages Must Be Accompanied With Translation .................................................. 11
(9) Additional User Information ........................................................................................................................................ 11
3I. Filings That Require Special Attention ..................................................................................................................11
(1) Motions Requesting Leave of the Court to File a Document ....................................................................................... 11
(2) Documents that Include Personal Identifiers .............................................................................................................. 11
(3) Materials Inappropriate for Display or Distribution to the Public, Including Minors ................................................... 11
(4) Discovery Material ....................................................................................................................................................... 11
(5) Mediation .................................................................................................................................................................... 11
(6) Proposed Documents .................................................................................................................................................. 11
(7) Consent to Jurisdiction ................................................................................................................................................ 12
3J. Signatures and Affidavits or Declarations .............................................................................................................12
(1) Attorney’s Signature Block .......................................................................................................................................... 12
(2) Documents Requiring Original Signatures ................................................................................................................... 13
(3) Stipulations or Other Documents Requiring Two or More Signatures ........................................................................ 13
(4) Documents Requiring a Judge’s Signature ................................................................................................................... 13
3K. Service of Documents and Notices of Electronic Filing .........................................................................................13
(1) Determining Whether Another Party is a User or Otherwise Authorized to Receive Notices of Electronic Filing....... 13
(2) Notices of Electronic Filing and “One Free Look” ........................................................................................................ 13
(3) Service and Notice of Electronic Filing for Parties Who Are Not Authorized to Electronically Receive Notices of
Electronic Filing ................................................................................................................................................................... 14
(4) Certificates of Service .................................................................................................................................................. 14
(5) Notices of Electronic Filing Are Not Sent to Terminated Attorneys ............................................................................. 14
3L. Docket Entries .......................................................................................................................................................15
(1) Making a Docket Entry ................................................................................................................................................. 15
(2) Describing an Attachment to a Docket Entry............................................................................................................... 15
(3) Correcting a Docket Entry ............................................................................................................................................ 15
3M. Retention of Original Documents by Users .........................................................................................................16
3N. Electronic Submission of Exhibits ........................................................................................................................16
Section 4 - EXCEPTIONS TO MANDATORY ELECTRONIC FILING REQUIREMENT ........................................................ 16
4A. Requesting Leave of Court for Exception to General Mandatory Electronic Filing Requirement in a Specific Case
............................................................................................................................................................................16
4B. Suspension of Electronic Filing Requirement for a Specific Document That Cannot Be Scanned ........................16
Section 5 - DOCUMENTS THAT CANNOT BE FILED ELECTRONICALLY ........................................................................ 17
5A. Cases Filed Under Seal and Sealed Documents in Criminal Cases ........................................................................17
5B. Documents Related to Habeas Cases [Deleted] ...................................................................................................17
5C. Civil Complaints Filed by Pro Se Litigants..............................................................................................................17
5D. Criminal Matters ...................................................................................................................................................17
(1) Criminal Complaints ..................................................................................................................................................... 17
(2) Indictments .................................................................................................................................................................. 18
(3) Criminal Information.................................................................................................................................................... 18
(4) Documents Requiring the Signature of a Non-Attorney .............................................................................................. 18
(5) Criminal Data Sheet, Summons, and Warrant ............................................................................................................. 18
(6) Highly Sensitive Documents......................................................................................................................................... 18
(7) Plea Agreements .......................................................................................................................................................... 18
(8) Filing and Uploading of Criminal Matters - Time and Date .......................................................................................... 18
5E. Emergency Motions/Requests for Emergency Hearing [DELETED – See Section 10] ...........................................18
5F. Summonses Filed by Pro Se Litigants ...................................................................................................................18
5G. Surety Bonds ........................................................................................................................................................19
5H. Proposed Trial Exhibits [DELETED] .......................................................................................................................19
5I. Materials Inappropriate for Display or Distribution to the Public, Including Minors ...........................................19
5J. Motion to Appear Pro Hac Vice [DELETED] ...........................................................................................................19
5K. Ex Parte Filings in Criminal Actions .......................................................................................................................19
Section 6 - REDACTION OF PERSONAL INFORMATION, PRIVACY POLICY, AND INAPPROPRIATE MATERIALS ........... 19
6A. Filing Documents Containing Personal Data Identifiers .......................................................................................19
6B. Internet Availability of Unprotected Personal Information ..................................................................................19
6C. Certain Documents in Criminal Cases Not Accessible to the Public .....................................................................20
6D. Redaction of Electronic Transcripts of Court Proceedings ...................................................................................20
6E. Filing of Materials, Including Images, Inappropriate for Display or Distribution to the Public, Including Minors 20
Section 7 - PUBLIC ACCESS TO THE ELECTRONIC RECORD ......................................................................................... 20
7A. Access at the Courthouse .....................................................................................................................................20
7B. Access to PACER Via the Internet .........................................................................................................................20
7C. Certified Documents .............................................................................................................................................21
Section 8 - ELECTRONIC FILING OF NEW CIVIL COMPLAINTS .................................................................................... 21
8A. Electronic Filing Civil Complaints or Case Initiating Documents...........................................................................21
8B. Electronically Filed Civil Complaints - Filing Date .................................................................................................21
8C. Filing Fees Processed Using Pay.gov .....................................................................................................................21
Section 9 - ELECTRONIC FILING OF SEALED AND EX PARTE DOCUMENTS IN CIVIL MATTERS .................................... 22
9A. Electronic Filing of Motions to Seal and Proposed Orders ...................................................................................22
9B. Sealed Filings and Subsequent Sealed Documents ...............................................................................................22
9C. Ex Parte Filings ......................................................................................................................................................22
9D. Summary of Electronic Filing Requirement for Attorneys....................................................................................22
Section 10 - EMERGENCY AND EXPEDITED MOTIONS/REQUESTS FOR EMERGENCY HEARINGS ............................... 23
10A. Filing of Emergency and Expedited Matters.........................................................................................................23
(1) Emergency Motions and Expedited Motions ............................................................................................................... 23
(2) Attorneys Must Contact The Clerk’s Office When Filing Emergency Motions ............................................................. 23
(3) Assigned Judge Unavailable to Rule on Emergency Motion ........................................................................................ 24
(4) Conventional Filing of Emergency and Expedited Matters in Criminal Actions that are also Ex Parte and by Pro Se
Parties ................................................................................................................................................................................. 24
10B. Summary of Electronic Filing Requirement for Attorneys ....................................................................................24
SECTION 11 –ATTORNEY DISCIPLINE ........................................................................................................................ 24
11A. Electronic Filing of Attorney Discipline/Peer Review Matters ..............................................................................24
11B. Notice and Docketing ............................................................................................................................................25
(1) Notice .......................................................................................................................................................................... 25
(2) Docketing ..................................................................................................................................................................... 25
11C. Reinstatement ......................................................................................................................................................25
FORM A ................................................................................................................................................................... 27
FORM B ................................................................................................................................................................... 28
FORM C.................................................................................................................................................................... 29
Summary of Changes ............................................................................................................................................... 30
Section 1 – INTRODUCTION
1A. Terms
CM/ECF: the federal judiciary’s electronic case filing system known as Case
Management/Electronic Case Filing (see our website).
Conventional manner: the method used to file documents that cannot or should not be filed
electronically via CM/ECF and must be filed by other means (e.g., in person or by U.S. mail).
Conventionally filed documents are hard copies containing an original, handwritten (wet) signature
of the filing attorney or pro se party.
Document: shall include pleadings, motions, exhibits, declarations, affidavits, memoranda, papers,
orders, notices, and any other Court filing.
Electronic filing: uploading a document directly from a CM/ECF User’s computer into CM/ECF,
thereby filing the document in the Court’s electronic case file. (Sending a document to the Court via
e-mail or on diskette does not constitute “electronic filing.”)
E- mail address of record: the internet e-mail address of each authorized CM/ECF User or party
otherwise authorized to electronically receive Notices of Electronic Filing (e.g., attorneys admitted
pro hac vice).
Judge: a United States District Judge or Magistrate Judge for the Southern District of Florida.
Notice of Electronic Filing: a notice generated automatically by CM/ECF upon completion of an
electronic filing. The Notice of Electronic Filing, when transmitted to an e-mail address of record in
a case, constitutes proof of service.
PACER (“Public Access to Court Electronic Records”): an electronic public access service that
allows users to obtain case and docket information. Additional information is available at
https://www.pacer.gov/.
PDF (“Portable Document Format”): a PDF document allows anyone to open a converted document
across a broad range of hardware and software, with layout, format, links, and images intact. PDF
is the only document format acceptable for electronic filing in CM/ECF. For information on PDF,
CM/ECF Users may wish to visit the websites of PDF vendors.
Procedures: the instant Administrative Procedures for Electronically Filing Documents.
User(s): anyone (including attorneys, the Court, and the Clerk of the Court) who is authorized to
use the CM/ECF system in the Southern District of Florida.
1B. The Electronic Record & The Authorization for Electronic Filing
In 1996, the Southern District of Florida began to convert its paper Court files into an electronic
format, while continuing to maintain the paper file as the official record. Though the file was
converted to an electronic format once received by the Clerk’s Office, the filing itself was still
accomplished in the conventional manner, creating parallel paper and electronic records. By 2002,
technology had advanced to the point that Administrative Order 2002-36 authorized attorneys in this
District to use an optional electronic filing system developed by local staff; however, both electronic
and paper records continued to be maintained for all cases.
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In 2004, Administrative Order 2004-39 sought to alleviate the fiscal and administrative burdens of
maintaining the largely duplicative paper and electronic records created up to that time by
establishing that the electronic record would become the official Court record as of October 28,
2004. The Order designated as part of the official record all documents transmitted to the Court in
electronic format, as well as documents filed in paper form, then scanned and converted to an
electronic image by the Clerk’s Office. With the exception of various categories of documents
specified, it was ordered that the Clerk’s Office cease maintaining as part of the paper case file any
document filed after October 27, 2004.
The evolutionary process has continued, and, in conjunction with Federal Rule of Civil Procedure
5(d)(3) and Federal Rule of Criminal Procedure 57, the electronic filing system known as CM/ECF
has been designated for use nationwide by the United States Courts.
Section 2 - FILER CATEGORIES AND ELIGIBILITY TO FILE
ELECTRONICALLY
2A. Attorneys Admitted to Practice in the Southern District of Florida
Electronic filing is mandatory for all attorneys admitted to practice in the Southern District of Florida.
2B. Attorneys Appearing Pro Hac Vice
An attorney who has been permitted to appear pro hac vice will not be permitted to register as a
User in this District, but may access the electronic record through the PACER System (see Section
7B). All documents, including the motion to appear pro hac vice, must be filed electronically through
their local counsel (who must be associated with the case pursuant to Local Rule 4(b) of the Rules
Governing the Admission, Practice, Peer Review, and Discipline of Attorneys).
Although attorneys admitted pro hac vice will not be permitted to file electronically, they will be able
to electronically receive Notices of Electronic Filing. Such requests should be included in motions
to appear pro hac vice and in the accompanying proposed order. E-mail addresses must be provided
in both the motion and proposed order in order to receive electronic notices.
2C. Pro Se Litigants
Pro se litigants will not be permitted to register as Users at this time and must file their documents in
the conventional manner. Pro se litigants may access the electronic record at the public counter in
the Clerk’s Office in all divisions or through PACER. Pro se litigants will be served and noticed by
U.S. mail or in person (or, if agreed, by e-mail), unless there is consent to receive notices
electronically as indicated below.
Pro se litigants (non-prisoner) interested in receiving notices electronically must file the form “Consent
by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing” which can be found on the
Court’s website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receive-
nefs). After filing the consent, pro se litigants will receive case orders, notices and other documents
filed via email. Paper copies of filings will no longer be sent by the Court or opposing counsel in that
particular case. Note: Pro se litigants who consent to receiving notices electronically are responsible
for maintaining a current email address with the Court (See Section 3D).
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Section 3 - USER INFORMATION AND RESPONSIBILITIES
3A. General Requirements
All documents shall be filed electronically in CM/ECF except as otherwise provided by these
Procedures. E-mailing a document to the Clerk’s Office or to a Judge shall not constitute “filing” the
document. A document shall not be considered “filed” for purposes of the Federal Rules of Civil
Procedure until the filing party receives a Notice of Electronic Filing (see Section 3K).
Documents filed electronically must meet the requirements of Federal Rule of Civil Procedure 10
(Form of Pleadings) and Local Rule 5.1 (Filing and Copies), as if they had been submitted on paper.
Each Judge will instruct litigants if it is necessary to provide paper copies for the Judge. Documents
filed electronically are also subject to any page limitation set forth by Court order or by Local Rule
7.1(c)(2).
3B. Registration
Attorneys admitted to practice in the Southern District of Florida (see the Southern District of
Florida’s Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys within
the Local Rules) must register to use CM/ECF. Eligible attorneys must register and complete training
on the Court’s website at http://www.flsd.uscourts.gov/cmecf-attorney-registration-district-court.
User logins and passwords will be issued upon registration and completion of training. Registration
is free of charge.
A PACER login is required in addition to the CM/ECF password and login. To register for PACER,
a User must complete the form available on the PACER website at https://www.pacer.gov/.
3C. Login and Password
Each User will be issued one login and password to be linked to the attorney’s PACER account, in
PACER. When a User files a document electronically using his/her login and password, that
document shall be considered signed by the attorney to whom the login and password were issued
for purposes of the Local Rules and Federal Rules of Civil Procedure and Federal Rules of Criminal
Procedure, including Rule 11 of the Federal Rules of Civil Procedure. After registering, Users may
change their passwords.
Users shall be responsible for all documents filed with their passwords, whether by Users or any
other person.
No User shall permit his/her password to be used by anyone other than an authorized employee of
the User’s office. If, at any time, a User believes that his/her password has been compromised, the
User must immediately change the password and contact the Help Desk. In such case, the User
should also generate a CM/ECF report to identify unauthorized documents that may have been filed
under the User’s password and to notify the Court of the existence of such documents.
3D. Changes of Address and Contact Information
Users shall maintain current contact information (Local Rule 11.1(g) and Administrative Order 2005-
38). Upon the change of a User’s e-mail address, mailing address, or telephone number, the User
shall complete the following whenever such a change occurs:
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• Electronically file a Notice of Change of Address in all the User’s pending cases;
• Update the User’s email address in PACER – Manage My Account at the top of the screen;
and
• Update the User’s mailing address and telephone number in PACER under Manage My
Account at the top of the screen;
• Electronically file a Notice of Removal in all cases in which the attorney is no longer the
attorney of record.
Also, parties appearing pro se and counsel appearing pro hac vice must file, in each pending case,
a notice of change of mailing address or contact information whenever such a change occurs
(Administrative Order 2005-38). If court notices sent via the U.S. mail are returned as undeliverable
TWICE in a case, notices will no longer be sent to that party until a current mailing address is
provided.
3E. Government Attorneys
Upon request and pursuant to Local Rule 4(d), CM/ECF logins/passwords are issued to attorneys
employed by government agencies. Upon transfer to different government agencies, Users must
notify the Attorney Admissions Clerk and update their U.S. mail and email addresses in order for
their logins/passwords to remain valid. Users who leave government agencies and do not transfer
to other government agencies must notify the Attorney Admissions Clerk so that their log-
ins/passwords may be deactivated. See the Court’s website
(http://www.flsd.uscourts.gov/government-attorneys) for additional information regarding
Government Attorneys and notifying the Attorney Admissions Clerk.
Users associated with government agencies who leave government practice must already be or
become members of the Bar of the Southern District of Florida in order to register for CM/ECF
logins/passwords. Click here for information on becoming a member of the Southern District of
Florida Bar.
Government agencies must also notify the Attorney Admissions Clerk when Users leave their
agencies. A notice of substitution of counsel must be filed in order for a government agency to
receive future CM/ECF notices regarding case activity associated with a User who is no longer with
their agency.
3F. Changes of Name
Requests for name changes must be made in writing and forwarded to the Attorney Admissions
Clerk. In order for the Clerk’s Office to process a name change request, the request must be
accompanied by a copy of a name change order from the Supreme Court of Florida. In the absence
of such an order, a name change request will not be processed and a User must continue to file
under the name listed on the roll of attorneys of the Bar of the Southern District of Florida. Further,
if the name change order is not submitted, Attorney Admissions may be unable to verify that a User
is listed on the roll of attorneys.
3G. Technical Specifications
(1) Hardware/Software Generally Required for Electronic Filing
• A computer running a Windows or Macintosh operating system.
• Word processing software, such as WordPerfect or Microsoft Word, that can convert
documents to PDF without the need for scanning;
• PDF reader software, such as Adobe, which may be obtained free of charge from the
8
Adobe website or the Court’s website. Users may find it useful to purchase PDF writer
software which has additional features for creating, editing, and saving PDF documents.
Various companies market PDF writer software and the cost and features vary. Note:
PDF documents must be printable and must not contain water marks or advertising
which may be generated as a result of the use of free or trial run PDF conversion
software;
• Access to a JavaScript enabled browser; Internet Explorer and Firefox browsers have
been tested with CM/ECF (for specific versions that are support, see our CM/ECF
FAQ);
• High speed internet access is strongly recommended over dial-up internet service.
High-speed service will reduce the amount of time necessary to make entries into
CM/ECF and download lengthy documents;
• A scanner is necessary to convert paper documents to text-searchable PDF format.
Users should make certain their scanners are configured for 300 dpi and 300 pixels per
inch. The color setting should be configured for black and white rather than color
scanning; however, if the document being filed contains color images (e.g. JPEG, GIF,
PNG), the color setting may be configured for color scanning. The page size must be
set at 8 ½ x 11 inches. The scanner must be set to convert scanned documents to text-
searchable PDF format.
(2) Electronic Mailbox
It is the responsibility of the User to maintain an electronic mailbox of sufficient capacity to
receive all documents transmitted electronically to counsel.
(3) Size Limitation for Any Electronically-Filed Document
CM/ECF will inform Users if they are attempting to file a document larger than 50 megabytes
(50 MB). Any document over this size will be rejected by the system due to its inability to
upload/download properly; thus, the document must be saved and transmitted in segments or
attachments not exceeding 50 megabytes. Please contact the Help Desk if further instruction
is needed.
(4) Hyperlinks
Pursuant to the policy set forth in Rule 13 of the Model Local Rules for Electronic Case Filing,
endorsed by the Judicial Conference in October 2005, a hyperlink contained in a filing is no
more than a convenient mechanism for accessing material cited in a document. A hyperlink
reference is extraneous to any filed document and is not part of the Court’s record. In order to
preserve the integrity of the Court record, Users wishing to insert hyperlinks in Court filings
shall continue to use the conventional citation method for the cited authority, in addition to the
hyperlink.
(5) Text Searchable Requirement
Court filings made via the CM/ECF system must be in a text searchable format. Filings are
text searchable if they are converted to PDF format directly from a word processing program
(Microsoft Word, WordPerfect, etc.) using Adobe Acrobat or similar software. If documents in
paper format are scanned into PDF format, the scanning software must have Optical Character
Recognition (OCR) functionality and the option must be turned on (OCR functionality is
sometimes referred to as text layering).
3H. Filing Information
(1) Date Electronic Document is Filed
A document will be deemed “filed” on a particular date if uploaded to CM/ECF prior to midnight
9
on that date as evidenced by receipt of the Notice of Electronic Filing, unless otherwise
ordered by a Judge.
(2) Abolishment of the Nightbox Policy
With the implementation of CM/ECF the Court’s nightbox policy, as provided for in
Administrative Order 2003-10, will be abolished. Electronic documents will be considered
“filed” as stated above in 3H(1). Documents filed in the conventional manner will be considered
“filed” on the date they are docketed by the Clerk of Court.
(3) Court CM/ECF System Hours and Help Desk Information
CM/ECF is designed to provide system access 24 hours a day; however, parties are
encouraged to file documents in advance of filing deadlines and during normal business hours.
Users may access the CM/ECF Help Desk either by telephone, 1-888-318-2260, or in person.
The Help Desk will respond to questions regarding the electronic filing system and registration
process. Please refer to the Help Desk website for further information.
(4) Technical Failure of the Court’s CM/ECF System
If CM/ECF is unable to accept electronic filings for a continuous period of approximately one
hour during regular business hours, a notice of the system outage/technical failure will be
posted on the CM/ECF website and/or on the Court’s website
(http://www.flsd.uscourts.gov/cmecf-system-notices). Should circumstances prevent posting
of an outage notification on either of the Court’s website, the notification will be placed on the
CM/ECF Help Desk telephone line.
The outage notice will inform Users of the expected duration of the outage and will provide
alternative filing instructions if the outage is of such a nature to cause alternative filing to be
necessary. Generally, alternative filing instructions will advise Users to file in the conventional
manner on the same day. Should Users be instructed to file in the conventional manner, the
conventional filing must be accompanied by Form A (attached hereto). In the event that
conventional filing is required, such filings may be delivered to any courthouse in the District.
In the unlikely event that a technical failure occurs after regular business hours on the day a
User’s filing is due or a filing is otherwise made untimely as a result of a CM/ECF technical
failure, Users may have to seek relief from the Court. Users are cautioned that in some
circumstances, the Court lacks the authority to grant an extension of time to file (see e.g., Rule
6(b)(2) of the Federal Rules of Civil Procedure); thus, Users are strongly encouraged to file
documents in advance of filing deadlines and during regular business hours.
(5) Failure of User’s System
Problems with a User's hardware, software, or Internet Service Provider will not constitute a
technical failure under these Procedures. If a User experiences a technical problem that
prevents electronic filing from the User’s regular workplace, the User should try to file
electronically from other computers in the vicinity that have internet access.
(6) Availability of CM/ECF Workstations and Scanners at Courthouses
[DELETED]
(7) Filings May Not Be Submitted on CD, DVD, or Thumb Drive
Filings submitted on CD, DVD, or thumb drive (or other multi-media format) will not be
accepted for filing, unless they were previously submitted as evidence or unless filed pursuant
to Court order.
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(8) Documents Written in Foreign Languages Must Be Accompanied With
Translation
Documents not written in English (i.e., foreign language, braille) must be accompanied by a
translation, unless a waiver has been granted by the Court.
(9) Additional User Information
Additional information for using CM/ECF can be found on the Court’s website at
http://www.flsd.uscourts.gov/cmecf.
3I. Filings That Require Special Attention
(1) Motions Requesting Leave of the Court to File a Document
If a document to be filed requires a motion requesting leave of the Court (e.g., an amended
complaint, a document to be filed out of time, or a document exceeding the page limitation),
the proposed document shall be submitted as a PDF attachment to the motion. If the motion
to file the proposed document is granted, the filing party must electronically refile the
document.
(2) Documents that Include Personal Identifiers
See Section 6 for special requirements for filing documents that contain personal data
identifiers.
(3) Materials Inappropriate for Display or Distribution to the Public,
Including Minors
See Section 6E for restrictions regarding documents containing inappropriate materials,
including images (not textual descriptions) depicting sexual acts or excretory acts that could
be described as pornography or indecent or vulgar even if not legally obscene.
(4) Discovery Material
Only discovery materials authorized by Local Rule 26.1(b) will be accepted by this Court and
must be filed electronically.
(5) Mediation
A request for the Clerk of Court to appoint a mediator pursuant to Local Rule 16.2(d)(1)(B)
shall be submitted electronically as a “Request for Clerk to Appoint Mediator.” This request
category may be found on the CM/ECF website, under “Civil,” “Other Filings,” “Mediation
Documents.” Such a request shall not be filed as a motion.
Within seven (7) days following a mediation conference, the mediator, if a User, shall
electronically file a Mediation Report. If the mediator is not a User, the mediator shall file the
Mediation Report in the conventional manner. The report shall indicate whether all required
parties were present and whether the case settled (in full or in part), whether the mediation
was adjourned, or whether the mediator declared an impasse.
(6) Proposed Documents
In addition to being filed in accordance with these procedures, proposed findings of fact and
conclusions of law, jury instructions, and proposed orders, unless otherwise directed by a
Judge, shall be filed initially as an attachment to a motion, notice, or other filing in PDF format
as required for electronic filings; however, the final version of the proposed document must
be e-mailed to the appropriate Judge at the e-mail address listed below. Users must submit
the final version of the proposed document by e-mail in Word format (not in PDF format). The
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e-mail subject line and the name of the attachment should include the case number,
followed by a short description of the attachment (e.g., 05-cv-20534 Order). All counsel must
be copied on the e-mail to the Judge. The final document, if approved by the Court, will be
filed with the Clerk of Court.
The following e-mail addresses are to be used only to submit documents as described above
unless otherwise specifically permitted by the Judge.
District Judges Magistrate Judges
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
(7) Consent to Jurisdiction
Parties who consent to having a Magistrate Judge conduct civil proceedings may file a
Consent to Jurisdiction electronically only if the consent is signed by both parties on the same
form. If a party has only one signature – the consent must be filed in the conventional manner.
3J. Signatures and Affidavits or Declarations
(1) Attorney’s Signature Block
A document requiring an attorney’s signature that is filed electronically using his/her login and
password shall be considered signed when the attorney’s name is on the signature block
according to the format below.
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Pat T. Lawyer
Pat T. Lawyer (Florida Bar Number: 12345)
Attorney E-mail address:
[email protected]
XYZ Law Firm
123 Main Street
Miami, Florida 33128
Telephone: (305) 123-4567
Attorneys for Plaintiff/Defendant [Party Name(s)]
(2) Documents Requiring Original Signatures
Documents that require original signatures or that require either verification or a sworn
declaration under any rule or statute shall be filed electronically with the originally-executed
documents maintained by the filer. The document filed electronically shall indicate a signature
in accordance with Section 3J(1). Alternatively, the original signed document may be scanned
and electronically filed. The User shall retain the paper document containing the original
signature(s) for a period of one year after final resolution of the action, including final
disposition of all appeals.
(3) Stipulations or Other Documents Requiring Two or More Signatures
In the case of a stipulation or other document to be signed by two or more persons, the filer
should: submit a scanned document containing all necessary signatures; or, indicate the
consent of the other parties on the document; or, file the document identifying the parties
whose signatures are required and submit a notice of endorsement by the other parties no
later than three business days after the filing. A model form (Form C) is attached hereto. The
filing party or attorney shall retain the paper copy of the document containing the original
signatures for a period of one year after final resolution of the action, including final disposition
of all appeals.
(4) Documents Requiring a Judge’s Signature
Documents requiring a Judge’s signature may be signed electronically with the Judge’s Name
on a signature block, a digitized signature, or an original signature. An electronic or digitized
signature has the same force and effect as an original signature.
3K. Service of Documents and Notices of Electronic Filing
(1) Determining Whether Another Party is a User or Otherwise Authorized
to Receive Notices of Electronic Filing
When a document is filed electronically, CM/ECF will generate a Notice of Electronic Filing to:
the filing party; any party who is a User; parties otherwise authorized to receive Notices of
Electronic Filing (e.g., pro hac vice attorneys); and, the assigned Judge. To determine whether
another party is a User or otherwise authorized to receive Notices of Electronic Filing, the filer
should: select “Utilities” from the CM/ECF menu; click on “Mailings”; click on “Mailing
Information for a Case”; and, enter the case number. The notification information will appear
stating whether the filer must mail a copy to the party or if CM/ECF will issue a Notice of
Electronic Filing.
(2) Notices of Electronic Filing and “One Free Look”
If the recipient is a User or otherwise authorized to electronically receive Notices of Electronic
Filing (e.g., a pro hac vice attorney), CM/ECF will produce a Notice of Electronic Filing for that
party. The Notice of Electronic Filing will contain a hyperlink to the document in PACER. Under
the conditions set forth in the paragraph below, recipients of Notices of Electronic Filing
will be allowed one “free look” at the document and may view, print, or download it. After the
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one “free look,” normal PACER usage fees apply. The hyperlink to access the document will
expire after the earlier of these two events: the first use or 15 days. (CAUTION: double clicking
the hyperlink instead of single clicking it will use up the one “free look.”)
Only Users who are listed as active attorneys on a particular case, will receive Notices of
Electronic Filing (at both their primary and secondary e-mail addresses) that contain hyperlinks
allowing them one free look at documents filed in that case. Users who have tagged cases on
which they are not listed as active attorneys but for which they, nevertheless, wish to receive
Notices of Electronic Filing, will also receive Notices of Electronic Filing (at both their primary
and secondary e-mail addresses) that contain hyperlinks allowing them to view documents
filed in the cases tagged. CAUTION: Users who are not listed as active attorneys on cases
for which they have chosen to receive Notices of Electronic Filing will automatically incur
PACER charges by clicking on the hyperlink. Regular PACER usage fees will apply.
(3) Service and Notice of Electronic Filing for Parties Who Are Not Authorized
to Electronically Receive Notices of Electronic Filing
A party who is not a User or is not otherwise authorized to electronically receive Notices of
Electronic Filing is entitled to a paper copy of any electronically-filed document. It is the
responsibility of the filing party to provide the party with the electronically-filed document
according to the Federal Rules of Civil Procedure. When mailing paper copies of documents
that have been electronically filed, the filing party must include the Notice of Electronic Filing
to provide the recipient with proof of the filing.
Service of a Notice of Electronic Filing on a party who is not a User or otherwise authorized to
electronically receive Notices of Electronic Filing may be accomplished by e-mail, subject to
the additional service requirements of Federal Rules of Civil Procedure 5(b) and Federal Rules
of Criminal Procedure 49(a).
Parties served by non-electronic means may be entitled to additional time to respond. See
Federal Rules of Civil Procedure 6(d), Federal Rules of Criminal Procedure 45(c), and Local
Rule 7.1(c)(1). Parties are advised that deadlines to respond automatically calculated in
CM/ECF do NOT account for and may not be accurate when service is by mail. Parties may
NOT rely on response times calculated in CM/ECF, which are only a general guide, and must
calculate response deadlines themselves.
(4) Certificates of Service
No certificate of service is required when a party files a document electronically unless the
document is served other than through CM/ECF.
(5) Notices of Electronic Filing Are Not Sent to Terminated Attorneys
A User who is terminated as an attorney on a case in the Southern District of Florida will not
receive notices regarding future case activity; however, Users will continue to receive NEFs
after cases are closed as long as they have not been terminated as attorneys on the closed
cases. This affects notices to Users who receive notices electronically and to attorneys who
receive notices through the U.S. mail. Users who want to continue receiving electronic notices
in a case after they have been terminated must take the following steps:
● Access the Court’s CM/ECF website at http://ecf.flsd.uscourts.gov;
● Under “Utilities”, select “Maintain Your Account”;
● Select “Email Information”;
● Click on the primary e-mail address hyperlink, in the left pane;
● In the right pane, type in the case number in the "Add additional cases for
noticing" field;
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● Press the [Find This Case] button;
● Once the case number has been located, press the [Add Case(s)] button;
● Select the [Return to Person Information Screen] button;
● Press [Submit].
Users who no longer want to continue receiving electronic notices in cases where the parties
they represent have been terminated, must take the following steps:
• Contact the CM/ECF Help Desk at 1-888-318-2260;
• Provide the name of the party represented and the date they were terminated
from the case;
• Request termination of electronic noticing in that case.
• Attorneys may also track the status of cases through PACER.
3L. Docket Entries
(1) Making a Docket Entry
The party filing a document electronically shall be responsible for designating a docket entry
title for the document by using one of the docket event categories prescribed by the Court. A
user may view the selection of a docket event category categories by: accessing the Court’s
website at http://www.flsd.uscourts.gov/information-cmecf-users; clicking on the “CM/ECF
tab”; selecting “User Information”; and then selecting “Civil Event List” or “Criminal Event List.”
website link; and then clicking on “CM/ECF Civil and Criminal Menus for Attorneys.”
(2) Describing an Attachment to a Docket Entry
A party filing an attachment to a document shall select one of the prescribed attachment
categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or
numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment
(e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate
and distinguish attachments. The following is illustrative:
(3) Correcting a Docket Entry
CM/ECF will not permit the filing party to make changes to a document or docket entry once
the transaction has been accepted. A document filed incorrectly may be the result of posting
the wrong PDF file to a docket entry, selecting the wrong document type from the menu, or
entering the wrong case number and not catching the error before the transaction is
completed.
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If a User makes an error during the filing process, the User should contact the CM/ECF Help
Desk, 1-888-318-2260, as soon as possible with the case number and document number for
which the correction is being requested. If appropriate, the Clerk’s Office will make an entry
indicating the document was filed in error. The filing party will be advised if the document
needs to be re-filed. If an error is discovered by the Clerk’s Office during the quality control
process, the Clerk’s Office will docket a “Notice of Instructions to Filer” informing the filer of
the error and the manner in which to proceed. The Clerk’s Office will not strike or delete
attorney entries, unless directed to do so by the Court.
3M. Retention of Original Documents by Users
Original documents that require scanning in order to be filed electronically must be retained by the
filing party or attorney for a period of one year after final resolution of the action, including final
disposition of all appeals.
3N. Electronic Submission of Exhibits
Most exhibits must be submitted in CM/ECF electronically within ten (10) days of the close of trial
or proceeding, unless otherwise ordered by the presiding Judge. For specific instructions see Local
Rule 5.3 and the “Quick Reference Guide to Electronically Filing Trial Exhibits” which can be found
on the Court’s website under CM/ECF Policies and Procedures.
Section 4 - EXCEPTIONS TO MANDATORY ELECTRONIC
FILING REQUIREMENT
4A. Requesting Leave of Court for Exception to General Mandatory
Electronic Filing Requirement in a Specific Case
An attorney who is a member of the Southern District of Florida Bar, and who is not able to register
for CM/ECF by the Court’s implementation date, must show good cause in each case in which the
attorney wishes to file and serve documents in the conventional manner. Documents filed in the
conventional manner must be accompanied by Form A (attached hereto).
An attorney who is a registered User may apply to the Judge for permission to file documents in the
conventional manner in a specific case upon a showing of good cause. Documents filed in the
conventional manner must be accompanied by Form A (attached hereto). Even though a Judge may
initially grant an attorney permission to file documents in the conventional manner, the Judge may
withdraw that permission at any time during the pendency of a case and require that the attorney
file documents using CM/ECF.
4B. Suspension of Electronic Filing Requirement for a Specific
Document That Cannot Be Scanned
The filing party is responsible for the legibility of scanned documents. If, for any reason, a document
cannot be easily read after scanning, the filing party should not electronically file the document.
Instead, the filing party must conventionally file the document with the Clerk’s Office along with Form
A (attached hereto). (For a listing of categories of documents that can never be filed electronically,
see Section 5 below.)
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Section 5 - DOCUMENTS THAT CANNOT BE FILED
ELECTRONICALLY
5A. Cases Filed Under Seal and Sealed Documents in Criminal
Cases
Effective December 1, 2015, attorneys authorized to file electronically in the CM/ECF system must
file sealed documents electronically via CM/ECF in civil cases that are otherwise open to the public
(See Section 9). If the entire civil case is sealed, the initial complaint or other initiating document as
well as subsequent sealed filings must continue to be filed conventionally. Attorneys are prohibited
from filing sealed documents in criminal actions electronically. Sealed documents in criminal actions
shall be filed in the conventional paper format accompanied by a motion to seal as described in
Local Rule 5.4. In criminal actions, motions to seal documents previously filed and on the docket
must also be filed conventionally. Motions to unseal documents in criminal actions or criminal cases
must be filed conventionally and must not be filed electronically.
Documents filed under seal will not be available for inspection by case participants or the public.
Litigants must serve a notice of filing upon all other parties by conventional means and must file
such notice with the sealed document. For complete procedures for filing under seal, see Local Rule
5.4.
5B. Documents Related to Habeas Cases [Deleted]
5C. Civil Complaints Filed by Pro Se Litigants
Pro se litigants must file all documents, including new civil complaints and other civil case initiating
documents, in the conventional manner. Complaints filed by attorneys are subject to Administrative
Order 2009-36, which requires the electronic filing of new civil complaints or other civil case initiating
documents via the CM/ECF system (See Section 8).
A complaint or other initiating documents filed in the conventional manner may be sent through the
U.S. mail or personally delivered to the Clerk’s Office. It must be accompanied by a civil cover sheet
(JS44) and either the required filing fee or Application to Proceed in District Court Without Paying
Fees or Costs. (Filing fees are payable by cash, check, money order, or credit card.) The Clerk’s
Office will scan paper complaints and cover sheets and upload them to CM/ECF. For additional filing
requirements, see the Civil Case Filing Requirements.
A complaint filed conventionally will be considered filed on the same day it is received if such filing is
in compliance with the Local Rules and these Procedures. A complaint filed conventionally and
received before 2:00 p.m. will normally be available for viewing on CM/ECF (PACER) the same day
while those received between 2:00 p.m. and close of business will normally be available for viewing
in CM/ECF (PACER) no later than 12:00 noon on the next business day.
5D. Criminal Matters
(1) Criminal Complaints
Criminal complaints must be presented in paper form by the U.S. Attorney’s Office to the Duty
Magistrate Judge. The Clerk’s Office will scan the complaint, open the case and upload the
PDF to CM/ECF.
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(2) Indictments
Indictments will be presented by the U.S. Attorney’s Office in paper form during the Grand
Jury return. The Clerk’s Office will then scan the documents, open the criminal case, and
upload the PDF to CM/ECF.
(3) Criminal Information
Criminal information that initiates a case must be filed in the conventional manner by the U.S.
Attorney's Office.
(4) Documents Requiring the Signature of a Non-Attorney
Documents signed by a grand jury foreperson or a third-party custodian must be submitted in
paper format to the Clerk’s Office.
(5) Criminal Data Sheet, Summons, and Warrant
The criminal data sheet, summons, and warrant must be submitted to the Clerk’s Office in paper
form.
(6) Highly Sensitive Documents
Highly Sensitive Documents, as defined in the Eleventh Circuit’s Amended Order regarding
Procedures for the Filing, Service, and Management of Highly Sensitive Documents must be
submitted to the Clerk’s Office in the conventional manner.
(7) Plea Agreements
Fully executed plea agreements must be filed in the conventional manner.
(8) Filing and Uploading of Criminal Matters - Time and Date
New criminal matters are deemed filed the day the Clerk’s Office receives the initiating
document. The U.S. Attorney’s Office will be notified electronically when a new case has been
opened and a number and Judge assigned. New criminal complaints/cases received before
2:00 p.m. will normally be available for viewing on CM/ECF the same day while those received
between 2:00 p.m. and close of business, will normally be available for viewing on CM/ECF no
later than 12:00 noon the next business day.
5E. Emergency Motions/Requests for Emergency Hearing
[DELETED – See Section 10]
5F. Summonses Filed by Pro Se Litigants
Summonses are available on the Court’s website in the “Forms” section. Pro se litigants must file all
documents, including summonses, in the conventional manner. Summonses filed by attorneys are
subject to Administrative Order 2009-36 which requires the electronic filing of new civil complaints
or other civil case initiating documents via the CM/ECF system (See Section 8).
A pro se party requesting the summons must complete the top portion of the summons form and
forward the summons to the Clerk’s Office in the conventional manner. If sending the summons by
U.S. mail, the pro se party must also submit a stamped, self-addressed envelope. The Clerk’s Office
will issue the summons, make an entry on the Court docket indicating that a summons was issued,
and return the issued summons to the requesting party for service in person or by U.S. mail.
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5G. Surety Bonds
The Clerk of Court must maintain the original surety bond with the original power of attorney for
bonds attached in the Court file until such time as a Judge orders that it be returned to the filing
party.
5H. Proposed Trial Exhibits [DELETED]
See “Quick Reference Guide to Electronically Filing Trial Exhibits”.
5I. Materials Inappropriate for Display or Distribution to the Public,
Including Minors
See Section 6E for restrictions regarding documents containing inappropriate materials, including
images (not textual descriptions) depicting sexual acts or excretory acts that could be described as
pornography or indecent or vulgar even if not legally obscene.
5J. Motion to Appear Pro Hac Vice [DELETED]
5K. Ex Parte Filings in Criminal Actions
Ex parte filings in criminal actions must be filed conventionally in conformity with Local Rule 5.4.
(Note: ex parte filings in civil actions must be filed electronically pursuant to Section 9). At the time
of filing, ex parte filings will appear on the docket as “restricted” with electronic access limited to the
Court, but will thereafter be treated in the manner set forth in Local Rule 5.4.
Section 6 - REDACTION OF PERSONAL INFORMATION,
PRIVACY POLICY, AND INAPPROPRIATE MATERIALS
6A. Filing Documents Containing Personal Data Identifiers
Filers must exclude or redact personal information from documents filed with the Court as required
by Federal Rule of Criminal Procedure 49.1 and Federal Rule of Civil Procedure 5.2. Unless
specifically exempted by the rules or by court order, the personal data identifiers noted below must
be redacted to show only the following: Social Security number: last four digits only; taxpayer ID
number: last four digits only; financial account numbers: last four digits only; date of birth: year
only; minor’s name: initials only; home address: city and state only (for criminal cases only).
Consult the applicable rules for complete instructions on redaction.
6B. Internet Availability of Unprotected Personal Information
It must be remembered that any personal information not otherwise protected will be made available
over the internet via PACER. Thus, filers should exercise caution when filing documents that contain
the following:
● Personal identifying numbers, such as a driver’s license number;
● Medical records, including treatment and diagnosis records;
● Employment history;
● Individual financial information;
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● Proprietary or trade secret information;
● Information regarding the individual’s cooperation with the government;
● Information regarding the victim of any criminal activity;
● National security information;
● Sensitive security information as described in 49 USC §114(s); and
● Other data as permitted by order of the Court.
Counsel is strongly urged to share this information with all clients so that an informed decision
about the inclusion, redaction, and/or exclusion of certain materials may be made. It is the sole
responsibility of counsel and the parties to ensure the redaction of personal identifiers. The
Clerk’s Office will not review any document for redaction purposes. SPECIAL NOTICE: It is the
filing party’s responsibility to provide the U.S. Attorney’s Office with the social security number of
the plaintiff upon the filing of a new social security case.
6C. Certain Documents in Criminal Cases Not Accessible to the
Public
Pursuant to the Judicial Conference Policy on Privacy and Public Access to Electronic Case Files,
[Click here] certain documents in criminal cases shall not be included in the public case file and
should not be made available to the public at the courthouse or via remote electronic access.
6D. Redaction of Electronic Transcripts of Court Proceedings
Filers are responsible for redacting personal data identifiers from transcripts of court proceedings
filed with the Court as required by the Judicial Conference Policy on Privacy and Public Access to
Electronic Case Files [Click here] and Administrative Order 2008-31 of the Southern District of
Florida [Click here].
6E. Filing of Materials, Including Images, Inappropriate for Display
or Distribution to the Public, Including Minors
Pursuant to Administrative Order 2007-50, Users shall not electronically file materials which would
otherwise be inappropriate for display or distribution to the public, including minors, through PACER
or the CM/ECF System. These inappropriate materials include images (not textual descriptions)
depicting sexual acts or excretory acts that could be described as pornography or indecent or vulgar
even if not legally obscene. A document containing such visual materials may only be filed
electronically in a redacted version describing in words the images, but removing all images.
Alternatively, such documents may be filed in the conventional manner, along with a motion to seal.
Counsel and parties are cautioned that failure to protect such images from public dissemination,
which includes minors, may subject them to the disciplinary authority of the Court.
Section 7 - PUBLIC ACCESS TO THE ELECTRONIC RECORD
7A. Access at the Courthouse
The electronic docket and documents in CM/ECF can be viewed by the public at no charge at the
Clerk’s Office during regular business hours. A copy fee for an electronic reproduction is required
in accordance with 28 U.S.C. § 1930.
7B. Access to PACER Via the Internet
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Remote electronic access to CM/ECF for viewing and printing purposes is available only to PACER
system subscribers. A fee will be charged to access any document on the PACER system. Trial and
hearing transcripts are not available on PACER at this time and may only be obtained from court
reporters. Please refer to the PACER website at https://www.pacer.gov for further information.
7C. Certified Documents
Documents available in PACER are only copies of the Court record. Certified copies are only
available through the Clerk’s Office.
Section 8 - ELECTRONIC FILING OF NEW CIVIL
COMPLAINTS
8A. Electronic Filing Civil Complaints or Case Initiating Documents
Pursuant to Administrative Order 2009-36, as of April 5, 2010, attorneys authorized to electronically
file in the CM/ECF system must electronically file new civil complaints or other civil case initiating
documents via the CM/ECF system. Pro se litigants must continue to file all documents, including
new civil complaints and other civil case initiating documents, in the conventional manner.
Any new civil complaint or other civil case initiating document that is to be automatically sealed by
statute or operation of law, or that is accompanied by a motion or other request to seal the civil case
in its entirety, must be filed conventionally and must not be filed electronically.
8B. Electronically Filed Civil Complaints - Filing Date
New civil complaints and other civil case initiating documents filed electronically will be deemed filed
on a particular date if electronically received prior to midnight on that date and if the filings are in
compliance with the Local Rules and these Procedures. New civil cases received electronically
on or before 2:00 p.m. during business days will normally be available for viewing on CM/ECF
(PACER) the same day. New civil cases electronically filed after 2:00 p.m. on business days, or on
weekends or holidays will normally be available for viewing on CM/ECF (PACER) no later than 12:00
noon on the next business day. Until the case opening process is completed, new civil case filings
will not be accessible to the public in CM/ECF (PACER). Attorneys electronically filing new civil
complaints or other civil case initiating documents are responsible for complying with the instructions
posted on the Court’s website at http://www.flsd.uscourts.gov/policies-procedures. Failure to attach
the appropriate documents, submit the appropriate filing fees, and comply with such instructions will
delay the case opening process until the appropriate remedial action is taken.
8C. Filing Fees Processed Using Pay.gov
The filing fees for new civil complaints, other civil case initiating documents, motions to appear pro
hac vice, and other documents that require a filing fee and are filed electronically by Users will be
processed using “Pay.gov”, a secure government-wide collection portal. Through “Pay.gov,” filers
may pay the applicable filing fees with a credit card, debit card, or electronic debit from a checking
or savings account. Please refer to the Court’s website at http://www.flsd.uscourts.gov/court-fees
for additional information regarding “Pay.gov” and Filing Instructions for the Southern District of
Florida.
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Section 9 - ELECTRONIC FILING OF SEALED AND EX PARTE
DOCUMENTS IN CIVIL MATTERS
9A. Electronic Filing of Motions to Seal and Proposed Orders
Effective December 1, 2015, attorneys authorized to file electronically in the CM/ECF system must
file sealed documents electronically in civil cases otherwise open to the public and civil ex parte
matters. Attorneys must upload motions to seal and the proposed order via CM/ECF using the
“Motion to Seal” (public) event. Notices of Electronic Filing will be sent to CM/ECF users. Attorneys
must continue to provide service to pro se parties and other non-ECF users.
The proposed sealed material shall not be filed unless the Court grants the motion to file under seal.
In instances where the entire civil case is sealed, the initial complaint or other initiating document
as well as subsequent sealed filings must continue to be filed conventionally (See Section 5).
9B. Sealed Filings and Subsequent Sealed Documents
If the Court grants a motion to file under seal, then the moving party shall file any pleading, motion,
memorandum, or other document that has been authorized to be filed under seal via CM/ECF using
events specifically earmarked for sealed civil filings, but if a redacted filing previously has been made
or is accompanying the sealed filing, then the material that is being filed under seal shall be filed as
an attachment to a “Notice of Sealed Filing” which shall be filed via CM/ECF using events specifically
earmarked for sealed civil filings.
Attorneys also must electronically file any subsequent sealed filings required by Court order and
motions to unseal using the “Sealed Motion or Sealed Document” events in CM/ECF. When
uploading sealed documents, attorneys must indicate the authority under which the documents are
being filed under seal and the date and docket entry number of any applicable order.
Attorneys will not have access to their sealed filings via PACER. Attorneys must complete any
required service of a sealed document or Notice of Sealed Filing conventionally, indicating the
corresponding docket entry number of the sealed document or Notice of Sealed Filing. Service of
sealed filings is not completed via CM/ECF. The public docket will reflect that a restricted/sealed
document has been filed.
If a sealed document is erroneously filed as a public document, attorneys must immediately call
the CM/ECF Help Desk (1-888-318-2260).
9C. Ex Parte Filings
Attorneys must file electronically ex parte motions and proposed orders in civil cases using the “Ex
parte Document or Ex parte Motion” events in CM/ECF. Ex parte filings will be restricted from
public view unless otherwise directed by the Court. The public docket will reflect that a restricted
document has been filed.
9D. Summary of Electronic Filing Requirement for Attorneys
The following is a summary of the electronic filing requirements for sealed, ex parte, and
emergency or expedited matters. When filing sealed or ex parte matters electronically, attorneys
must be certain to use the correct CM/ECF events. Otherwise the filing may be subject to public
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view rather than restricted. Please contact the CM/ECF Help Desk (1-888-318-2260) if there is any
question about which CM/ECF event to use.
Sealed Filings Ex Parte Filings Emergency/Expedited Matters
Civil Electronic* Electronic Electronic
Criminal Conventional Conventional Electronic (unless also sealed or ex parte)
*If the entire case is sealed, civil sealed filings must be conventionally filed.
Section 10 - EMERGENCY AND EXPEDITED
MOTIONS/REQUESTS FOR EMERGENCY HEARINGS
10A. Filing of Emergency and Expedited Matters
(1) Emergency Motions and Expedited Motions
Effective December 1, 2015, and December 3, 2018, respectively, attorneys authorized to file
electronically in the CM/ECF system must file emergency and expedited matters electronically.
Emergency and expedited matters in criminal cases that are also ex parte must be
conventionally filed. A party appearing pro se must continue to file emergency and expedited
matters conventionally. Attorneys must file emergency and expedited motions electronically
in CM/ECF using the event “Emergency Motion/Certification of Emergency” or “Expedited
Motion” (which will be accessible to the public on the docket). Notices of Electronic Filing will
be sent to CM/ECF users. Attorneys must continue to provide service to pro se parties and
other non-CM/ECF users.
For emergency motions, filers must certify that the matter is a true emergency. Motions are
not considered emergencies if the urgency arises due to the attorney’s or party’s own dilatory
conduct. The filer must certify that the matter is a true emergency by including the language
specified in Local Rule 7.1(d)(1) before the motion’s signature block.
Expedited motions are for matters that do not qualify as emergency motions but are
nonetheless time-sensitive and require an expedited ruling by a date certain. The filer must
include the words “Expedited Motion” in the title and set forth in detail the date by which an
expedited ruling is needed and the reason the ruling is needed by the stated date.
(2) Attorneys Must Contact The Clerk’s Office When Filing Emergency
Motions
If an emergency matter is being docketed during business hours, the attorney must
immediately contact the CM/ECF Help Desk via telephone (1-888-318-2260) to alert the
Clerk’s Office that an Emergency Motion has been docketed in CM/ECF.
If the Emergency Motion does not include the required certification, the Clerk’s Office will
contact the filer and docket a Clerk’s Notice of Non-Compliance. The Motion will not be
processed as an emergency until the filer has filed an Amended Emergency Motion containing
the required certification.
Once filed in compliance with Rule 7.1(d), the Clerk’s Office will contact the chambers of the
District Judge assigned to the case and verify that the Judge is aware of the emergency matter.
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