The Law Mind

Electronic Case Filing Procedures

N.D. Ind. ECF Procedures

CM/ECF Civil and Criminal User Manual Electronic Means for Filing, Signing and Verification of Documents UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA (Revised May 29, 2020) TABLE OF CONTENTS I. REGISTRATION FOR THE ELECTRONIC FILING SYSTEM (“System”) A. Designation of Cases ................................................................................................................. 1 B. Registration ............................................................................................................................... 1 C. Passwords .................................................................................................................................. 2 II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS A. Filing ......................................................................................................................................... 3 B. Filing a Civil Complaint ............................................................................................................ 4 C. Filing Criminal Charges ............................................................................................................ 5 D. Service of Filed Documents on Parties ..................................................................................... 5 E. Signatures .................................................................................................................................. 5 F. Orders ........................................................................................................................................ 6 G. Title of Documents .................................................................................................................... 7 H. Certificate of Service ................................................................................................................. 7 I. Filing Deadlines ........................................................................................................................ 7 J. Consents to Proceed before a Magistrate Judge ........................................................................ 8 K. Filing a Social Security Administrative Record ........................................................................ 9 III. CONVENTIONAL FILING DOCUMENTS A. Conventional Filings ................................................................................................................. 9 B. Service of Conventional Filings .............................................................................................. 10 IV. FILING OF SEALED AND EX PARTE MATERIALS A. Civil Cases............................................................................................................................... 10 B. Criminal Cases ........................................................................................................................ 10 V. PUBLIC ACCESS TO THE SYSTEM DOCKET A. Public Remote Access Through Pacer .................................................................................... 11 B. Public Access at the Court....................................................................................................... 11 C. Conventional Copies and Certified Copies ............................................................................. 12 VI. TECHNICAL FAILURES A. The Court’s System ................................................................................................................. 12 B. The Attorney’s System ............................................................................................................ 12 VII. PRIVACY ...................................................................................................................................... 12 A. Special Notice to Social Security Attorneys…………………………………………13 VIII. FORMS: Form 1 – Notice of Manual Filing ........................................................................................................ i Form 2 – Declaration that Party was Unable to File in a Timely Manner ........................................... ii ADMINISTRATIVE PROCEDURES INTRODUCTION Welcome to Northern District of Indiana Case Management/Electronic Case Filing (CM/ECF), hereinafter referred to as the “System.” The System permits attorneys to file documents with the court from any location over the Internet. While all parties, including those proceeding pro se, may register to receive “read only” PACER accounts, only registered attorneys, as officers of the court, are permitted to file electronically at this time. I. REGISTRATION FOR THE ELECTRONIC FILING SYSTEM (“System”) A. Designation of Cases On November 1, 2003, the U.S. District Court for the Northern District of Indiana began using the CM/ECF electronic filing system for all civil and criminal cases. “Electronic filing” means uploading a pleading or document directly from the registered user’s computer, using the court’s System, to file that pleading or document in the court’s case file. Sending a document or pleading to the court via e-mail or facsimile does not constitute “electronic filing.” B. Registration 1. Unless otherwise permitted by these procedures or otherwise authorized by the assigned judge, attorneys admitted to the bar of the Northern District of Indiana and appearing in an active case in this district (including those appearing pro hac vice), must register to use the CM/ECF system. An application for CM/ECF Registration is available on the court’s website at www.innd.uscourts.gov/admission-practice-and-cmecf-registration. 2. Each attorney registering for the System will receive an internet e-mail message after the application process is completed. This is to ensure that the attorney’s internet e-mail address has been entered correctly in the System. After the e-mail address has been confirmed, a separate internet e-mail message will be sent indicating that the registration has been approved. 3. Pursuant to the Federal Rules of Civil and Criminal Procedure, an attorney’s registration will constitute a waiver of conventional service of documents electronically filed and the attorney agrees to accept service of notice on behalf of the client of electronic service via the CM/ECF system. Other means of electronic service (e.g. facsimile or authorized e-mail) may be used if the receiving party has consented to that form of service in writing. 4. Attorneys are responsible for notifying the court when their name, mailing address 1 or e-mail address changes, by filing in CM/ECF a Notice of Change of Address/Information in each pending case before this court. If the attorney has no pending cases, the attorney should send this court an e-mail or letter indicating attorney’s bar number, and both the new name or address and the old name or address, as instructed on the court’s website at www.innd.uscourts.gov/ChangeOfContactInformation. E-mail should be sent to [email protected] or a letter should be sent to the court addressed to: U.S. District Court Attn: Attorney Maintenance 204 S. Main St. South Bend, IN 46601 5. Registered attorneys who leave the employment of the United States Attorney for the Northern District of Indiana or of the Federal Community Defender for the Northern District of Indiana and who wish to continue in the practice of law in a different capacity in this district shall complete a new application for registration for a new account in the System. The application is available on the court’s website at www.innd.uscourts.gov/admission-practice-and-cmecf-registration. Those attorneys’ original accounts for the United States Attorney or the Federal Community Defender will remain intact with new passwords and will continue to be administered by staff in those offices. C. Passwords Each attorney admitted to practice in this Court pursuant to L.R. 83-5 (including those admitted pro hac vice) and currently in good standing shall be entitled to one System password to permit the attorney to participate in the electronic retrieval and filing of pleadings and other documents using the System. Applications for admission to practice in the Northern District of Indiana an CM/ECF registration are available on the court’s website at www.innd.uscourts.gov/admission-practice-and-cmecf-registration. Attorneys registered to use the CM/ECF system will be able to change their own passwords. Registration for a password is governed by Paragraph I.B. In order to allow electronic retrieval of filings by employees of the Social Security Administration, one read-only system login and password will be issued to the Social Security Administration in their role as a party in civil cases. This account will have read- only access and will not allow a user to file electronically in a case. Any filings on behalf of the Social Security Administration shall be made by attorneys of record for that agency using their court issued attorney logins and passwords. Other than this exception for the Social Security Administration, no system login and password will be issued to a party in a case without prior approval of a judge in the case. 2 Pursuant to Fed. R. Civ. P. 11 and Fed. R. Crim. P. 49, every pleading, motion, and other paper (except lists, schedules, statements or amendments thereto) shall be signed by at least one attorney of record or, if the party is not represented by an attorney, all papers shall be signed by the party. The paper must state the signer’s address, e-mail address, and telephone number. An attorney’s/participant’s password issued by the court combined with the user’s identification, serves as and constitutes the attorney’s/participant’s signature for Rule 11 and Rule 49 and other purposes. Therefore, an attorney/participant must protect and secure the password issued by the court. If there is any reason to suspect the password has been compromised in any way, it is the duty and responsibility of the attorney/participant to immediately notify the court by calling the CM/ECF Help Line between 9:00 a.m. and 4:00 p.m. local time in order to prevent access to the System by use of the old password. (See Section VI. A. below for help line numbers.) In the event of the resignation or reassignment of the person with authority to use the password, the attorney/participant should change the password immediately. No attorney shall knowingly permit his or her password to be utilized by anyone other than an authorized employee of his or her office. Once registered, the attorney shall be responsible for all documents filed with his or her password. Attorneys/participants may be subject to sanctions for failure to comply with the above provisions. Attorneys may reset forgotten passwords by using the Reset CM/ECF Password link available under the Attorneys tab on the court’s website at www.innd.uscourts.gov/PasswordReset. II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS A. Filing 1. Unless otherwise permitted by these procedures or otherwise authorized by the assigned judge, all documents1 submitted for filing in this district in civil and criminal cases, no matter when a case was originally filed, shall be filed electronically using the System 2. 2. Electronically filed documents must meet the same requirements of format and page limits as documents “conventionally filed” (as defined in Paragraph III. A.) pursuant to the Federal Rules of Civil and Criminal Procedure and this court’s Local 1 The requirement that “all documents” be filed electronically includes briefs, and attachments and exhibits used in support of motions. 2 Documents filed in the CM/ECF must be in .pdf format. A document created with almost any word-processing program can be converted to .pdf format. The .pdf program in effect takes a picture of the original document and allows anyone to open the converted document across a broad range of hardware and software, with layout, format, links, and images intact. For information on .pdf, users may visit the websites of .pdf vendors, such as http://www.adobe.com/products/acrobat/ or http://www.fineprint.com/. 3 Rules. 3. Electronically filed documents may contain hyperlink references to an external document as a convenient mechanism for accessing material cited in the document. A hyperlink reference is neither validated for content nor considered a part of the court’s records. The court neither endorses the product or organization at the destination of a hyperlink reference, nor does the court exercise any responsibility over the content at the destination. In order to preserve the integrity of the court record, attorneys wishing to insert hyperlinks in court filings shall continue to use the traditional citation method for the cited authority, in addition to the hyperlink. A hyperlink contained in a filing is no more than a convenient mechanism for accessing material cited in the document and a hyperlink reference is extraneous to any filed document and is not part of the court’s record. 4. All documents which form part of a single pleading and which are being filed at the same time and by the same party may be electronically filed together under one document number, e.g., the motion and a supporting affidavit, with the exception of memoranda in support. Memoranda in support shall be electronically filed separately and shown as a related document to the motion. 5. In order to file a document which requires leave of court such as an amended complaint or a document to be filed out of time, the proposed document shall be attached as an exhibit to a motion. 6. Filing users must submit in electronic form all documents referenced as exhibits or attachments, unless the court permits conventional filing. A filing user must submit as exhibits or attachments only those excerpts of the referenced documents that are directly germane to the matter under consideration by the court. Excerpted material must be clearly and prominently identified as such. Filing users who file excerpts of documents as exhibits or attachments do so without prejudice to their right to timely file additional excerpts or the complete document. Responding parties may timely file additional excerpts or the complete document that they believe are directly germane. The court may require parties to file additional excerpts or the complete document. B. Filing a Civil Complaint All new civil complaints must be filed electronically in CM/ECF, and should be accompanied by a Civil Cover Sheet (JS-44) and summons forms with the top portion completed (see Paragraph IV. A. 1. for information regarding filing a civil complaint under seal). If the complaint alleges a violation of a patent, trademark or copyright, a completed AO 120 (Patent & Trademark) or AO 121 (Copyright) form should also be attached. The court may sign, seal and issue a summons on paper or electronically. However, a party may not electronically serve a summons and complaint. Service of a 4 summons and complaint upon parties must be perfected according to Fed. R. Civ. P. 4. C. Filing a Criminal Charges All criminal complaints, informations, and indictments shall be filed conventionally on paper with the court. The court may issue a warrant or summons electronically; however, they may only be served in accordance with Fed. R. Crim. P. 4(c). D. Service of Filed Documents on Parties 1. The System will generate a "Notice of Electronic Filing" when any document is filed. This notice represents service of the document on parties who are registered participants with the System. Except as provided in Paragraph III.B., the filing party shall not be required to serve any pleading3 or other documents on any party receiving electronic notice. 2. The filing party shall also serve those parties not designated or able to receive electronic notice but nevertheless are entitled to notice of said pleading or other document in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Northern District of Indiana. If such service of a paper copy is to be made, it shall be done in the manner provided in the Federal Rules of Civil Procedures and the Local Rules of the Northern District of Indiana. E. Signatures 1. Pursuant to the Federal Rules of Civil and Criminal Procedures, a filing made in the court’s System using a person’s electronic filing account, together with the person’s name on a signature block, constitutes the person’s signature. 2. Civil cases: Documents which must be filed and which must contain original signatures other than those of a participating attorney or which require either verification or an unsworn declaration under any rule or statute, shall be filed electronically, with originally executed copies maintained by the filer. The pleading or other document electronically filed shall contain “s/” signature(s), as noted in 4.b. below. 3. Criminal cases: All documents which must contain original signatures other than those of a participating attorney or which require either verification or an unsworn declaration under any rule or statute, shall first be filed electronically with a .pdf version of the document and shall then also be filed conventionally on paper in the Clerk’s office. The electronically filed document shall be completed and shall contain an “s/” signature in all places in which the original document contains a signature, as noted in 4.b. below. The conventionally filed document shall contain original 3 The term “pleading” refers only to those documents listed in Federal Rules of Civil Procedure 7(a). 5 signatures and shall be accompanied by a copy of the Notice of Electronic Filing generated when the document was filed electronically. Plea agreements signed by a defendant are an example of this type of document. 4. In the case of a stipulation or other document to be signed by two or more attorneys, the following procedure should be used: a. The filing attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document and shall obtain the physical signatures of all attorneys on the document. b. The filing attorney then shall file the document electronically, indicating the signatories, e.g., “s/Jane Doe,” “s/John Doe,” etc. c. The filing attorney shall retain the hard copy of the document containing the original signatures. F. Orders All orders issued by the court shall be filed electronically by either the office of the clerk or a judge. Any order or other court-issued document filed electronically without the original signature of a judge or clerk has the same force and effect as if the judge or clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. The assigned judge or the clerk’s office, if appropriate, may grant routine orders by a text-only entry upon the docket. In such cases, no .pdf document will issue. The text-only entry shall constitute the court’s only order on the matter, is in fact an order from the judge and carries the same weight and authority as a written order signed by the judge. The System will generate a Notice of Electronic Filing for text- only entries as described in these procedures, which will contain language indicating that no document is attached. Immediately upon the entry of an order or judgment in an action assigned to the System, the clerk will transmit to filing users in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission of the Notice of Electronic Filing constitutes the notice required by Fed. R. Civ. P. 77(d). The clerk will give notice in paper form to a person who has not consented to electronic service in accordance with the Federal Rules of Civil Procedure. PROPOSED ORDERS PROCEDURE Proposed orders shall not be filed electronically either as a separate document or as an attachment to the main pleading or other document. Instead, all proposed orders must be e-mailed to the chambers of the appropriate judicial officer for the case. The proposed order must be in Word or WordPerfect format. Proposed orders should be attached to an e-mail and sent to the appropriate judicial officer at the address listed below. The subject line of the e-mail message should indicate the case title, cause 6 number and document number of the motion, e.g., Smith v. Jones 1:02-cv-1234, motion#___. Judge Holly A. Brady [email protected] Chief Judge Jon E. DeGuilio [email protected] Judge William C. Lee [email protected] Judge Damon R. Leichty [email protected] Judge Robert L. Miller, Jr. [email protected] Judge James T. Moody [email protected] Judge Philip P. Simon [email protected] Judge Theresa L. Springmann [email protected] Judge Joseph S. Van Bokkelen [email protected] Magistrate Judge Susan L. Collins [email protected] Magistrate Judge Michael G. Gotsch, Sr. [email protected] Magistrate Judge Joshua P. Kolar [email protected] Magistrate Judge John E. Martin [email protected] Magistrate Judge Andrew P. Rodovich [email protected] PROPOSED DISCOVERY PLANS/SCHEDULING ORDERS AND FINAL PRETRIAL ORDERS Unlike proposed orders, Proposed Discovery Plans/Scheduling Orders and proposed Final Pretrial Orders should not contain a signature line for the Judge. The attorney filing these documents shall initially confirm that the content of the document is acceptable to all persons required to sign the document and shall obtain the physical signatures of all attorneys on the document. The filing attorney then shall file the document electronically, indicating the signatories, e.g., “s/Jane Doe,” “s/John Doe,” etc. The filing attorney shall retain the hard copy of the document containing the original signatures. G. Title of Documents The person electronically filing a pleading or other document will be responsible for designating a title for the pleading or other document by using one of the categories contained in the events listed in the CM/ECF Menu. H. Certificate of Service A Certificate of Service is not required when the filing documents are served electronically with the court’s electronic-filing system. A document to be served by any other means must include a Certificate of Service. I. Filing Deadlines Filing documents electronically does not alter any filing deadlines or any time computation pursuant to Fed. R. Civ. P. 6. The counties of Lake, Porter, LaPorte, Pulaski 7 and Starke are located in the Central time zone and the remaining counties in the Northern District of Indiana are located in the Eastern time zone. Nevertheless, all electronic transmissions of documents must be completed (i.e., received completely by the clerk’s office) prior to midnight Eastern Time, (South Bend/Fort Wayne/Lafayette time) in order to be considered timely filed that day, regardless of the local time in the division where the case is pending. Although documents can be filed electronically 24 hours a day, filers are strongly encouraged to file all documents during hours when the CM/ECF Help Line is available, from 9:00 a.m. to 4:00 p.m. local time. (See Paragraph VI. A. below for help line numbers) J. Consents to Proceed before a Magistrate Judge Parties to a civil action will receive Magistrate Judge Consent Forms from the court by electronic means, or by United States Mail if a party is not registered to receive electronic notices. Completed Magistrate Judge consent forms should be returned by e- mail OR by United States Mail to the appropriate clerk's office where the case is pending. Consent forms are also available on the court’s website at www.innd.uscourts.gov/forms/AttorneyAdmissionForms. Any party who wishes to consent to jurisdiction by a United States Magistrate Judge shall sign the form and file it with the Clerk as soon as practicable but in any event within twenty-one (21) days following the date the Preliminary Pretrial Conference is held or within 21 days of receipt of the form in cases where no Preliminary Pretrial Conference is held. In Social Security Appeal matters, consent forms must be returned within fourteen (14) days of receipt. Nothing in this paragraph shall be construed as a limitation of the assigned district judge to refer, in his or her discretion, the case to a magistrate judge upon consent of all parties even though untimely filed. See General Order re: Utilization of United States Magistrate Judges (2018-2) on the court’s website at www.innd.uscourts.gov/sites/innd/files/2018-2.pdf. Clerk’s Office E-mail addresses: Hammond [email protected] Fort Wayne [email protected] South Bend [email protected] Lafayette [email protected] Mailing addresses: District Court Clerk’s Office District Court Clerk’s Office 1300 S. Harrison St. 5400 Federal Plaza Fort Wayne, IN 46802 Hammond, IN 46320 District Court Clerk’s Office District Court Clerk’s Office 204 S. Main St. Rm. 102 230 N Fourth St. South Bend, IN 46601 Lafayette, IN 47901 8 K. Filing a Social Security Administrative Record 1. The United States Attorney’s Office will file the Administrative Record provided by the Social Security Administration electronically. The System will generate a "Notice of Electronic Filing" when the document is filed. This notice represents service of the document on parties who are registered participants with the System and the filing party shall not be required to serve the document on any party receiving electronic notice. 2. One (1) courtesy paper copy of the administrative record must be delivered to the Clerk’s Office in the division where the case is filed for routing to the presiding Judge in the case. This paper copy will not be returned to the United States Attorney’s Office. Failure to deliver a paper copy will constitute an improper filing. 3. The United States Attorney’s Office shall also serve those parties not designated or able to receive electronic notice but nevertheless are entitled to notice of said document in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Northern District of Indiana. If such service of a paper copy is to be made, it shall be done in the manner provided in the Federal Rules of Civil Procedures and the Local Rules of the Northern District of Indiana. III. CONVENTIONAL FILING DOCUMENTS A. Conventional Filings As used in these procedures, a “conventionally” filed or submitted document or pleading is one presented to the Clerk or a party in paper or other non-electronic, tangible format. The following documents shall be filed conventionally and not electronically unless specifically authorized by the Court: 1. Exhibits and other documents which cannot be converted to a legible electronic form. Whenever possible, counsel is responsible for converting filings to an electronic form. However, if that is not physically possible, counsel shall electronically file a .pdf document titled Notice of Manual Filing as a notation on the docket sheet that filings are being held in the clerk’s office in paper. A sample Notice of Manual Filing is attached as Form 1. If documents are filed in paper format, counsel must provide an original for the clerk’s office, a copy for the judge and a copy must be served on all parties in the case. Large documents which do not exist in an electronic format shall be scanned into .pdf format by counsel, in small batches if necessary, and filed electronically as separate attachments in the System. 2. Certain documents which are listed in II. E. 2. above. 3. Documents filed by pro se litigants. 9 B. Service of Conventional Filings Pleadings or other documents which are filed conventionally rather than electronically shall be served in the manner provided for in the Federal Rules of Civil Procedure and the Local Rules of the Northern District of Indiana, except as otherwise provided by order of the Court. IV. FILING OF SEALED AND EX PARTE MATERIALS A. Civil Cases 1. New civil cases filed under seal shall be filed conventionally pursuant to L.R. 5-3. Any distribution to parties must be made conventionally on paper. Attorneys will not have electronic access to file documents or receive electronic notices for sealed cases. Until the case is unsealed, all subsequent filings and service made by attorneys must be made conventionally. 2. In instances where a civil case is not sealed, but a party wishes to file sealed motions or sealed documents, those documents shall be filed electronically in the CM/ECF system using the appropriate civil event, either “Sealed Motion” or “Sealed Document.” These events will produce a publicly viewable docket entry but will not allow access to the attached .pdf document. Any distribution to parties must be made conventionally on paper. 3. A civil motion event exists for a “Motion to Seal”, which will not be treated as a sealed or restricted entry in the CM/ECF system. Filers selecting this event will be presented with a warning that sealed .pdf documents should not be attached to this event, but should instead, be electronically filed separately as a “Sealed Motion” or “Sealed Document” pursuant to Paragraph IV. A. 2. above. 4. Ex parte motions and ex parte documents in non-sealed civil cases shall be filed electronically in the CM/ECF system using the appropriate civil event, either “Ex Parte Motion” or “Ex Parte Document.” The docket entries and .pdf documents for these events will be accessible only to authorized court staff and the filing party. Other parties and the general public will not see the docket entry or have access to the .pdf document. B. Criminal Cases 1. In instances where a criminal case is not sealed, but a party wishes to file sealed motions or sealed documents, those documents shall be filed electronically in the CM/ECF system using the appropriate criminal events. A party must file a “Motion to Seal” or a “Motion to Seal Document,” prior to filing a “Sealed Motion” or a “Sealed 10 Document.” Failure to file a “Motion to Seal” or a “Motion to Seal Document” will result in the striking from the record any “Sealed Motion” or “Sealed Document” that has been filed. These events will produce a publicly viewable docket entry but will not allow access to the attached .pdf document. Any distribution to parties must be made conventionally on paper. 2. Ex parte motions and ex parte documents in non-sealed criminal cases shall be filed electronically in the CM/ECF system using the appropriate event, “Ex Parte Motion.” The docket entries and pdf documents for this event will be accessible only to authorized court staff and the filing party. Other parties and the general public will not see the docket entry or have access to the .pdf document. V. PUBLIC ACCESS TO THE SYSTEM DOCKET A. Public Remote Access Through Pacer Civil cases: Public remote access to the System for viewing purposes is limited to subscribers to the Public Access to Court Electronic Records (“PACER”) system. The Judicial Conference of the United States has ruled that a user fee will be charged for remotely accessing certain detailed case information, such as docket sheets and filed documents. PACER users may access the System at the Court’s Internet site at www.innd.uscourts.gov/case-info/cm-ecf-case-info. Such access to the System through the Internet site will allow retrieval of the docket sheet and documents on a time delayed basis. Unless a user has a CM/ECF filing level account, access to the System will be on a “read only” basis. Social Security cases: Until further order of the court, only attorneys of record and employees of the Social Security Administration with access to the login and password authorized in Paragraph I.C. above may remotely view records in social security cases. Public remote access will be limited to viewing docket sheets only. Criminal cases: Public remote access to non-sealed documents in criminal cases will be limited to documents filed on or after January 1, 2005, pursuant to the Judicial Conference Policy on Privacy and Public Access to Electronic Criminal Case Files. Public remote access to documents filed prior to January 1, 2005 will be limited to viewing docket sheets only. B. Public Access at the Court The public will have electronic access to civil and criminal documents filed in the System and to the System dockets in the Office of the Clerk, for viewing during regular business hours, from 9:00 a.m. to 4:00 p.m. (local time) Monday through Friday. A copy fee for reproduction is still required in accordance with 28 U.S.C. §1914. 11 C. Conventional Copies and Certified Copies Conventional copies and certified copies of the electronically filed documents may be purchased at the Office of the Clerk, during business hours listed in Paragraph B. above. A list of fees is available on the court’s website at www.innd.uscourts.gov/FeesAndFinance. VI. TECHNICAL FAILURES A. The Court’s System The Clerk shall deem the Public Web site for the Northern District of Indiana to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon that day, in which case filings due that day which were not filed due solely to such technical failures shall become due the next business day. Such delayed filings shall be rejected unless accompanied by a declaration or affidavit attesting to the filing person’s failed attempts to file electronically at least two times after 12:00 p.m. separated by at least one hour on each day of delay due to such technical failure. Questions about CM/ECF may be directed to our Help Line at the one of the following numbers between 9:00 a.m. to 4:00 p.m. local time: Fort Wayne 800-745-0265 Hammond 800-473-0293 South Bend 866-217-5925 Lafayette 877-377-1219 B. The Attorney’s System If the attorney is unable to file a document in a timely manner due to technical difficulties in the user’s system, the attorney must file a document with the court as soon as possible notifying the court of the inability to file the document. A sample document entitled Declaration that Party was Unable to File in a Timely Manner Due to Technical Difficulties is attached hereto as Form 2. VII. PRIVACY Counsel should not include sensitive information in any document filed with the court unless such inclusion is necessary and relevant to the case. See Fed. R. Civ. P. 5.2 regarding protection of personal identifiers in civil cases and Fed. R. Cr. P. 49.1 regarding privacy protection in criminal cases. 12 A. SPECIAL NOTICE TO SOCIAL SECURITY ATTORNEYS It is the responsibility of counsel for plaintiff to provide the U.S. Attorneys’ office with the social security number of the plaintiff upon the filing of a new social security case. 13 VIII. FORMS: Form 1 – Notice of Manual Filing SAMPLE FORMAT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA DIVISION ______________________, ) ) Plaintiff(s), ) ) vs. ) Case No. ) ______________________, ) ) Defendant(s). ) NOTICE OF MANUAL FILING is in paper form only and is being maintained in the case file in the Clerk’s office. Attorney for (Plaintiff or Defendant) Address: Date: FORM i Form 2 – Declaration that Party was Unable to File in a Timely Manner SAMPLE FORMAT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA ____________ DIVISION ______________________, ) ) Plaintiff(s), ) vs. ) Case No. ______________________, ) ) Defendant(s). ) DECLARATION THAT PARTY WAS UNABLE TO FILE IN A TIMELY MANNER Please take notice that was unable to file _________________ in a timely manner due to technical difficulties. The deadline for filing the __________________________ was _________________. The reason(s) that I was unable to file the in a timely manner and the good faith efforts I made prior to the filing deadline to both file in a timely manner and to inform the court and the other parties that I could not do so are set forth below. [Statement of reasons and good faith efforts to file and to inform] I declare under penalty of perjury that the foregoing is true and correct. Respectfully submitted, s/[Name of Password Registrant] Name of Password Registrant Address City, State, Zip Code Phone: XXX-XXX-XXXX Fax: XXX-XXX-XXXX E-mail: [email protected] FORM ii
Official source: https://www.innd.uscourts.gov/sites/innd/files/ATTY%20USER%20MANUAL%205-29-20.pdf · retrieved 2026-07-23