The Law Mind

Electronic Case Filing Procedures

S.D. Ind. ECF Procedures

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ELECTRONIC CASE FILING POLICIES AND PROCEDURES MANUAL Effective October 3, 2025 Electronic Case Filing Policies and Procedures Manual INTRODUCTION ............................................................................................................................................................... 3 1. AUTHORIZATION FOR ELECTRONIC FILING ................................................................................................................ 3 2. DEFINITIONS AND INSTRUCTIONS .............................................................................................................................. 3 3. APPLICATION OF RULES AND ORDERS ....................................................................................................................... 4 4. CASES SUBJECT TO ELECTRONIC CASE FILING .......................................................................................................... 4 5. SYSTEM REQUIREMENTS............................................................................................................................................ 5 6. FILING CASE INITIATING DOCUMENTS ....................................................................................................................... 5 7. FILING DOCUMENTS ELECTRONICALLY ..................................................................................................................... 6 8. CASE DOCKET ........................................................................................................................................................... 6 9. SYSTEM AVAILABILITY ............................................................................................................................................. 6 10. REGISTRATION ......................................................................................................................................................... 7 11. SERVICE OF ELECTRONICALLY FILED DOCUMENTS ................................................................................................. 7 12. APPEARANCES ......................................................................................................................................................... 8 13. FORMAT FOR ELECTRONIC FILINGS ......................................................................................................................... 8 14. SIGNATURE BLOCK ................................................................................................................................................ 11 15. MANUAL FILINGS .................................................................................................................................................. 11 16. TECHNICAL DIFFICULTIES...................................................................................................................................... 12 17. RETENTION OF ORIGINALS OF DOCUMENTS REQUIRING SCANNING ...................................................................... 12 18. SEALED FILINGS .................................................................................................................................................... 12 19. RESTRICTED ACCESS FILINGS – SUBMISSION OF SENTENCING LETTERS ................................................................ 16 20. EX PARTE DOCUMENTS .......................................................................................................................................... 17 21. CONTACT INFORMATION ........................................................................................................................................ 17 APPENDIX A ................................................................................................................................................................. 18 APPENDIX B ................................................................................................................................................................. 19 APPENDIX C ................................................................................................................................................................. 20 2 Introduction The Court's Case Management/Electronic Case Filing system, CM/ECF, permits attorneys appearing in all pending civil and criminal cases to file documents with the Court via the Internet using the Electronic Case Filing (ECF) portion of the system. This ECF Policies and Procedures Manual governs electronic filing in all civil and criminal cases within the Southern District of Indiana. Attorneys, parties, and pro se litigants may view civil and criminal dockets as well as electronically filed documents via the Internet using the PACER (Public Access to Court Electronic Records) portion of the system. 1. Authorization for Electronic Filing FED. R. CIV. P. 5(d)(3) and FED. R. CRIM. P. 49(b) require electronic filing in most circumstances. The following policies and procedures govern electronic filing in this district unless, due to circumstances in a particular case, a judicial officer determines that these policies and procedures should be modified. 2. Definitions and Instructions The following definitions and instructions shall apply to these Electronic Case Filing Policies and Procedures: 2.1 The term "document" shall include a pleading, motion, exhibit, declaration, affidavit, memoranda, paper, order, notice, and any other filing by or to the Court. 2.2 The term "attorney" shall include counsel of record. 2.3 All hours stated shall be the local time of the division to which the case has been assigned (Local Rule 5-4). 2.4 The term "Notice of Electronic Filing" is used to refer to the email notice that is automatically generated by the Electronic Case Filing System at the time a document is filed by an attorney, or an order is entered by the Court. The Notice of Electronic Filing (NEF) will set forth the time of filing or issuance, the type of document, the text of the docket entry, the name of the attorney(s) receiving the notice, and an electronic link (hyperlink) to the document, which allows recipients to retrieve the document electronically (unless the document is sealed in which case it is only available to certain authorized court users). The NEF also includes the electronic file stamp. 3 2.5 The term "sealed documents" include any documents with the following access restrictions: Sealed, Applicable Party, Ex Parte, and Case Participants. 2.6 The term "PDF" is used to refer to a document that exists in Portable Document Format. A document file created with a word processor or a paper document that has been scanned must first be converted to portable document format before the document can be electronically filed with the Court. Converted files contain the extension ".pdf". 2.7 The term "ECF" is used to refer to the Electronic Case Filing portion of the Court's CM/ECF System, which must be accessed by attorneys for the purpose of filing documents electronically in civil and criminal cases pending before the Court. Attorneys must request access to the Court's CM/ECF System via their individual PACER account. The Court's CM/ECF System must be linked to the attorney's PACER account. 2.8 The term "PACER" (Public Access to Court Electronic Records) is used to refer to the Public Access portion of the Court’s CM/ECF System. PACER may be accessed by members of the public and attorneys for the purpose of viewing case dockets and electronically filed documents in cases pending before the Court. Individuals may obtain a PACER login and password at https://pacer.uscourts.gov or (800) 676-6856. 3. Application of Rules and Orders Unless modified by order of the Court, all Federal Rules of Civil and Criminal Procedure and Local Rules apply to cases maintained in the Court's Case Management/Electronic Case Filing System (CM/ECF). 4. Cases Subject to Electronic Case Filing Electronic filing by attorneys is required for eligible documents filed in civil and criminal cases pending with the Court, unless specifically exempted by Local Rule or Court Order. Attorneys may request access to the CM/ECF System via their individual PACER account. Attorneys, parties, and pro se litigants may view dockets and electronically filed documents via the Internet through the use of PACER (Public Access to Court Electronic Records) system. A login and password may be obtained by visiting the PACER website at https://pacer.uscourts.gov or contacting the PACER Service Center at (800) 676-6856. 4 5. System Requirements The following hardware and software are needed to electronically file documents and receive electronic notice of case activity via the Electronic Case Filing system: a. A computer running a Windows or a Macintosh operating system; b. Software used to create PDF documents from a word processing application, such as Adobe Acrobat Professional®; c. A PDF viewer, such as Adobe Acrobat Reader®; d. A PDF-compatible word processor like Macintosh or Windows-based versions of Microsoft Word®; e. An Internet browser, such as Internet Explorer® or Firefox® (128-bit encryption is strongly recommended); f. Internet access and an email address; g. Access to a scanner may be necessary for paper exhibits which must be scanned into PDF pursuant to Local Rule 5-1(c); and h. The filing attorney must have requested and been granted access to the Court's Electronic Case Filing system. NOTE: To view dockets and electronically filed documents, users must access the system through a PACER login and password. Attorneys and parties may register for a PACER account at https://pacer.uscourts.gov. 6. Filing Case Initiating Documents A Civil Complaint or Notice of Removal may be filed, fee paid, and summons issued electronically through the CM/ECF system. Case initiating papers, including a civil cover sheet, must be served in the traditional manner on paper, rather than electronically. All subsequent papers must be filed electronically except as provided by Local Rule or Court Order. (Local Rule 5-2). A Criminal Complaint, Information, or Indictment shall be filed and served in the traditional manner on paper, rather than electronically. 5 7. Filing Documents Electronically Electronic transmission of a document consistent with the procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk of Court, constitute filing of the document for all purposes of the Federal Rules of Civil and Criminal Procedure and the Local Rules of this Court, and shall constitute entry of that document onto the docket maintained by the Clerk pursuant to FED. R. CIV. P. 58 and 79. A Notice of Electronic Filing (NEF) acknowledging that the document has been filed will immediately appear on the filer's screen after the document has been submitted. Attorneys are strongly encouraged to print or electronically save a copy of the NEF. Attorneys can also verify the filing of documents by inspecting the Court's electronic docket sheet through the use of the attorney's PACER account. The Court may, upon the motion of a party or upon its own motion, strike any inappropriately filed document. Documents filed electronically must be submitted in PDF (Portable Document Format). Filing documents electronically does not alter filing deadlines. All electronic transmissions of documents must be completed (i.e. received completely by the Clerk's Office) prior to midnight of the local time of the division in which the case is pending in order to be considered timely filed that day (NOTE: time will be noted in Eastern Time on the Court's docket. If you have filed a document prior to midnight local time of the division in which the case is pending and the document is due that date, but the electronic receipt and docket reflect the following calendar day, please contact the Court). Although attorneys may file documents electronically 24 hours a day, 7 days a week, attorneys are encouraged to file all documents during the normal working hours of the Clerk's Office (Monday through Friday, 8:30 a.m. to 4:30 p.m.) when technical support is available. 8. Case Docket Upon the electronic filing of a document, a docket entry will be automatically created by the CM/ECF System, using the information provided by the filing party. The Clerk of Court, where necessary and appropriate, will modify the docket entry description to comply with quality control standards. 9. System Availability The Court's system is designed to provide service 24 hours a day, 7 days a week. Occasionally the CM/ECF system may be unavailable for brief scheduled maintenance. Notice of scheduled maintenance will be posted on the Court's website in advance when possible. Attorneys are encouraged to file documents in advance of filing deadlines and during normal business hours. 6 Questions regarding the electronic filing system and the registration process should be referred to the Clerk's Office, at (317) 229-3700. 10. Registration Attorneys seeking to file electronically must be admitted to practice in the U.S. District Court for the Southern District of Indiana, either via standard or pro hac vice admission, and must be in good standing. Each attorney seeking to file documents electronically must request access to the Court's CM/ECF System via their individual PACER account. Electronically filing documents will serve in part as that attorney's signature for purposes of FED. R. CIV. P. 11. Attorneys agree to protect the security of their passwords and immediately notify the Clerk of Court and PACER, if they learn that their password has been compromised. 11. Service of Electronically Filed Documents By participating in the Electronic Case Filing Program, attorneys consent to the electronic service of documents and shall make available electronic mail addresses for service. Upon the filing of a document by a party, an e-mail message will be automatically generated by the electronic filing system and sent via electronic mail to the e-mail addresses of all registered attorneys who have appeared in the case. The Notice of Electronic Filing will contain a document hyperlink which will provide recipients with one "free look" at the electronically filed document. Recipients are encouraged to print and/or save a copy of the document during the "free look" to avoid incurring PACER charges for future viewings of the document. It is the responsibility of the filing attorney to conventionally serve all parties who do not receive electronic service (the identity of these parties will be indicated on the filing receipt generated by the ECF system). In addition to receiving e-mail notifications of filing activity, the parties are strongly encouraged to sign on to the PACER system at regular intervals to check the docket in their case. Sealed documents will only be accessible or viewable in CM/ECF by authorized court staff. Thus, service cannot be accomplished through CM/ECF. Instead, parties will serve sealed documents conventionally by other appropriate means as provided by the Federal Rules of Procedure See Section 18, infra. Filing electronically effectuates service on all registered attorneys. If all attorneys in a case have electronic filing access, no separate certificate of service should be included. A certificate of service must be included when electronically filed documents require service 7 by other means, including sealed documents and documents served on unrepresented litigants. See FED. R. CIV. P. 5(d)(1)(B). A service statement and/or list must be included on each proposed order, as required by Local Rule 5-5(d). Pursuant to Local Rule 5-5(b)(2), if a party is represented by multiple attorneys from the same law firm, and one or more is ECF-registered, notice of entry of an order or judgment in a case assigned to the Electronic Case Filing System will be transmitted only to the ECF-registered user(s). A current distribution/service list for a case, may be obtained through the "Mailings" feature located under the "Utilities" menu in the Electronic Case Filing System. 12. Appearances The filing of a Notice of Appearance shall act to establish the filing attorney as an attorney of record representing a designated party or parties in a particular cause of action. As a result, it is necessary for each attorney to file a separate Notice of Appearance when entering an appearance in a case. A joint appearance on behalf of multiple attorneys may be filed electronically only if it is filed separately for each attorney, using his/her ECF login. A Notice of Appearance filed in a case which is maintained under seal must be filed in the traditional paper manner or via the court's web portal in order to establish the filing attorney as an attorney of record before access may be granted to the sealed case. 13. Format for Electronic Filings Electronically filed documents must meet the requirements of FED. R. CIV. P. 10 (Form of Pleadings), Local Rule 5-1 (Format of Papers Presented for Filing), and FED. R. CIV. P. 5.2 and FED. R. CRIM. P. 49.1 (Privacy Protection for Filings Made with the Court), as if they had been submitted on paper. Documents filed electronically are also subject to any page limitations set forth by Court Order, by Local Rule 7-1 (Motion Practice), or Local Rule 56- 1 (Summary Judgment Practice), as applicable. Documents in cases removed from state court are subject to very specific filing requirements that are detailed in Local Rule 81-2. A key objective of the electronic filing system is to ensure that as much of the case as possible is managed electronically. To facilitate electronic filing and retrieval, documents to be filed electronically are to be reasonably broken into their separate component parts. By way of example, most filings include a foundation document (e.g., motion) and other supporting items (e.g., exhibits, proposed orders, proposed amended pleadings). The foundation 8 document, as well as the supporting items, are each separate components of the filing; supporting items must be filed as attachments to the foundation document. These exhibits or attachments should include only those excerpts of the referenced documents that are directly germane to the matter under consideration. Except as otherwise specified in Local Rule 81-2, when uploading attachments during the electronic filing process, exhibits must be uploaded in a logical sequence and a brief description must be entered for each individual PDF file. The description must include not only the exhibit number or letter, but also a brief description of the document. This information may be entered in CM/ECF using a combination of the Category drop-down menu, the Description text box, or both (See Figure 1 below). The information that is provided in each box will be combined to create a description of the document as it appears on the case docket (See Figure 2 below). EXAMPLE: A Motion for Continuance is filed with the following three attachments: Exhibit A – Affidavit of John Brown Exhibit B – Letter from Bob Smith Proposed Order Figure 1 09/1/2008 7 MOTION for Continuance, filed by Plaintiff XYZ CORPORATION. (Attachments: # 1 Exhibit A - Affidavit of John Brown, # 2 Exhibit B - Letter from Bob Smith, 12/20/08, # 3 Text of Proposed Order) Figure 2 To facilitate document retrieval for users who are accessing the system, components may not exceed an electronic file size of 35 megabytes. (Local Rule 5-1). To electronically file a document or attachment that exceeds 35 MB, the document must first be broken down into two or more smaller files. For example, if Exhibit A is a 40 MB PDF file, it should be divided into 2 equal parts prior to electronic filing. Each component part of the exhibit would be filed as an attachment to the main document and described appropriately as "Exhibit A (part 1 of 2)" and "Exhibit A (part 2 of 2)." The supporting items mentioned above should not be confused with memorandums or briefs in support of motions as outlined in Local Rule 7-1 or 56-1. These memorandums or briefs in support are to be filed as entirely separate documents pursuant to the appropriate rule. Additionally, no motion shall be embodied in the text of a response or reply brief/memorandum unless otherwise ordered by the Court. 9 All pleadings and other filings, including motions, briefs, and proposed orders must be converted to PDF format directly from a word processing program (e.g. Microsoft® Word), rather than created from the scanned image of a paper document. An exhibit may be scanned into PDF format, at a recommended 300 dpi resolution or higher, only if it does not already exist in electronic format. The filing attorney is responsible for reviewing all PDF documents for legibility before submitting them through the Court's Electronic Case Filing system. For technical guidance in creating PDF documents, please contact the Clerk’s Office at (317) 229-3700. Where an individual component cannot be included in an electronic filing (e.g. the component cannot be converted to electronic format), the filer shall electronically file the prescribed Notice of Manual Filing in place of that component. A model form is provided as Appendix A. Note: Sealed documents must be filed electronically as required by Local Rule 5-11 and Local Criminal Rule 49.1-2. See Section 18 of this Policies and Procedures Manual. The following example illustrates the application of this section: An attorney seeks to file a motion with three exhibits (A, B, and C), and a proposed order. The motion is a text document that was created with a word processing application and after conversion to PDF has a file size of 45kb. Exhibit A is a scanned image of a one-page document that after conversion to PDF has a size of 200kb. Exhibit B is a 100-page deposition transcript that exists on CD and after conversion to PDF it has a size of 5 MB. Exhibit C is an object that cannot be converted to digital format, such as a videotape. The proposed order is a text document that after conversion to PDF has a file size of 5kb. To facilitate easy retrieval of any individual component, each document must be kept as a separate component (PDF file) rather than being merged together as one file. Each of the components should be filed electronically through the Electronic Case Filing System in one submission by filing the motion as the main document and attaching the exhibits and proposed order to the motion. Exhibit C is a videotape and exists in a format that cannot be filed electronically. During the electronic submission, when Exhibit C would normally be attached to the motion, it should instead be replaced by a Notice of Manual Filing (Appendix A) clearly stating what the exhibit is and why it cannot be filed electronically. Any video manually filed must be in a format consistent with Local Rule 5-2(c). Exhibit C should then be filed and served as it would if a traditional paper filing system were being used. When Exhibit C is presented to the Clerk for manual filing, it should be accompanied by a paper copy of the Notice of Manual Filing that was electronically filed in its place. 10 14. Signature Block Logging into the Court's CM/ECF System, via PACER, serves in part as the attorney's signature for purposes of FED. R. CIV. P. 11, the Local Rules of this Court, and any other purpose for which a signature is required in connection with proceedings before the Court. Consistent with Local Rule 5-7, all documents filed electronically under a filing attorney's PACER account shall include the filing attorney's name in a signature block where the attorney's handwritten signature would otherwise appear, and shall include the filing attorney's typewritten name, address, telephone number, and e-mail address, as shown below. Documents signed by an attorney must be filed using that attorney's PACER account and may not be filed using an account belonging to another attorney. Name of Filing Attorney Law Firm Name Address City, State, ZIP Code Phone: (xxx) xxx-xxxx E-mail: [email protected] Documents requiring signatures of more than one attorney shall be filed either by: (a) obtaining consent from the other attorney, then typing the "[Name]" signature of the other attorney on the signature line where the other attorney's signature would otherwise appear; (b) identifying in the signature section the name of the other attorney whose signature is required and by the submission of a Notice of Endorsement (See Appendix B) by the other attorney no later than three business days after filing; (c) submitting a scanned document containing all handwritten signatures; or (d) in any other manner approved by the Court. Documents requiring a signature other than that of an attorney must bear an original handwritten signature and must be scanned into PDF for electronic filing. 15. Manual Filings Parties otherwise participating in the electronic filing system may be excused from filing a particular component electronically under certain limited circumstances, such as when the component cannot be reduced to an electronic format. Such components shall not be filed electronically, but instead shall be manually filed with the Clerk of Court and served upon the parties in accordance with the applicable Federal Rules of Civil and Criminal Procedure and the Local Rules for filing and service of non-electronic documents. Before making a manual filing of a component, the filing party shall first electronically file a Notice of Manual Filing (See Appendix A). The filer shall initiate the electronic filing process as if filing the actual component but shall instead attach to the filing the Notice of 11 Manual Filing setting forth the reason(s) why the component cannot be filed electronically. The manual filing should be accompanied by a copy of the previously filed Notice of Manual Filing. A party may seek to have a component excluded from electronic filing pursuant to applicable Federal and Local Rules (e.g. FED. R. CIV. P. 26(c)). 16. Technical Difficulties Parties are encouraged to file documents electronically during normal business hours in case a problem is encountered. In the event of a technical failure that prevents a document from being filed electronically despite the best efforts of the filing party, the party should print (if possible) a copy of the error message received. In addition, as soon as practically possible, the party should file a "Declaration that Party was Unable to File in a Timely Manner Due to Technical Difficulties." A model form is provided as Appendix C. If a party is unable to file electronically and, as a result, may miss a filing deadline, the party must contact the Clerk's Office at (317) 229-3700, or by sending an email to [email protected] to inform the court's staff of the difficulty. If a party misses a filing deadline due to an inability to file electronically, the party may submit the untimely filed document, accompanied by a declaration stating the reason(s) for missing the deadline. Unless the Court orders otherwise, the document and declaration must be filed no later than 12:00 noon of the first day on which the Court is open for business following the original filing deadline. 17. Retention of Originals of Documents Requiring Scanning Originals of documents filed electronically which require scanning (e.g. documents that contain signatures such as affidavits) must be retained for a period of two years following the expiration of all time periods for appeals (Local Rule 5-9) by the filing party and made available, upon request, to the Court and other parties. 18. Sealed Filings Criminal Matters In criminal matters, which may include criminal, magistrate, or petty offense case types, documents may be filed under seal without motion or further order of the court pursuant to Local Criminal Rule 49.1-2(f), provided counsel has a good faith belief that sealing is 12 required to ensure the safety, privacy or cooperation of a person or entity, or to otherwise protect a substantial public interest. Civil Matters In civil matters, which may include civil or miscellaneous case types, a document may be filed under seal only if the document is subject to sealing by a prior order of the court, accompanied by a motion as required by Local Rule 5-11 (Filing Under Seal—Civil Cases) or Local Rule 10-1 (Names of Parties—Pseudonym Litigant), or filed under seal pursuant to FED. R. CIV. P. 5.2. Service of Sealed Filings Parties must serve sealed documents conventionally by appropriate means as provided by the Federal Rules of Procedure: • Civil Cases – by any manner specified by FED. R. CIV. P. 5(b)(2), except that service via the court's electronic filing system under FED. R. CIV. P. 5(b)(2)(E) is not permitted. • Criminal Cases – by any manner specified by FED. R. CRIM. P. 49, except that service via the court's electronic filing system under FED. R. CRIM. P. 49(a)(3)(A) is not permitted. The clerk's office will serve sealed orders, notices, and other court-generated documents by U.S. Mail or secure electronic means to attorneys of record. Sealed Filing Procedure A sealed document must be filed electronically via the court's CM/ECF system, unless listed as an exception to the electronic filing requirement under Local Rule 5-2(b) or Local Criminal Rule 49-1(b). As with any electronically filed document, sealed filings must be submitted by an attorney of record in the case for which the document is being filed and must be filed on behalf of a party or parties for whom the filing attorney has previously appeared. a) Filing a Document in a CASE that is under Seal (applies to civil and criminal matters) Sealed cases, as well as associated docket entries and documents, are not available for public viewing via the PACER system. Therefore, documents filed electronically in a sealed case may be filed using any event from the CM/ECF civil or criminal events menu. It is not necessary to use one of the sealed filing events listed under subsection (b) when 13 filing document in a sealed case. Before counsel may electronically file a document in a sealed case, the attorney must first file a Notice of Appearance in the traditional paper manner or via the court's web portal to obtain access to the sealed case via CM/ECF. When a document is electronically filed in a sealed case, a redacted Notice of Electronic Filing (NEF) is distributed via email to counsel of record in the case, including the filing attorney. NOTE: If a sealed case is later unsealed by order of the court, any or all of the documents previously filed in the case may also be unsealed. Prior to the unsealing of a case, counsel should bring to the court’s attention any documents in the record which should remain under seal. b) Filing a Sealed Document in a Case that is NOT under Seal Sealed documents filed electronically in a case that is not under seal must be submitted using one of the sealed civil or criminal filing events listed below. Civil Matters Sealed Civil Filing Events • SEALED Motion (Motion filed under Seal) (Sealed – doc) • SEALED Response to Motion (Sealed – doc) • SEALED Reply in Support of Motion (Sealed – doc) • SEALED Document (Sealed – doc) • Redaction Index (Sealed – doc) Availability Documents filed electronically using a sealed civil event are not accessible or viewable by anyone other than authorized court staff. Anyone attempting to view a sealed document in CM/ECF will first receive a warning message that if attempting to further open the document, the user will incur an electronic public access fee charge. Only docket text/entries generated by the CM/ECF system or entered by the filer during the electronic filing process are displayed on the court's docket and available for public viewing via PACER. Each of the sealed civil events generates and distributes a Notice of Electronic Filing to ECF-registered counsel of record. The Notice of Electronic Filing provides recipients with the docket text, a description of the document(s) filed. 14 Criminal Matters Sealed Criminal Filing Events * Events that offer the filer the option to seal are designated as "optional Sealed" • Plea Agreement (optional Sealed – entry) • Petition to Enter a Plea of Guilty (optional Sealed – entry) • Combined Petition to Enter Plea/Plea Agreement/Stipulation of Facts (optional Sealed – entry) • Addendum to Plea Agreement (optional Sealed – entry) • Stipulated Factual Basis (optional Sealed – entry) • SEALED Motion – Motion filed under Seal (Sealed – entry) • Motion for Temporary Custody (optional Sealed – entry) • Motion for Writ of Garnishment (optional Sealed – entry) • Response to Motion (Sealed - entry) • Reply in Support of Motion (Sealed – entry) • OBJECTION to Presentence Investigation Report (optional Sealed – entry) • SEALED Document (Sealed – entry) • Submission of Signature Requirement (optional Sealed – entry) Availability Docket text/entries and associated documents filed electronically using a sealed criminal event are not displayed on the court's docket for public viewing via the PACER System, and are not accessible or viewable by anyone other than authorized court staff. Anyone attempting to view a sealed document in CM/ECF will first receive a warning message that if attempting to further open the document, the user will incur an electronic public access fee charge Sealed criminal events generate and distribute a redacted Notice of Electronic Filing to ECF-registered counsel of record. The redacted Notice of Electronic Filing provides recipients with a link to the docket text, a description of the document(s) filed. c) Split Filings; filings in which at least one, but not all documents are sealed Sealed exhibits or attachments filed in conjunction with a non-sealed foundation document (e.g., motion, brief, response, reply) must be submitted in a separate transaction using the appropriate sealed event. For example, a non-sealed response might be filed with 10 exhibits, only 3 of which are sealed. In this situation, the foundation document (response) and any non-sealed exhibits must first be filed using the appropriate non-sealed filing event. Then, in a separate filing, using the SEALED Document event, 15 the filer should submit the Sealed Cover Sheet as the main document and each of the 3 sealed exhibits as attachments. 26 RESPONSE in Opposition re 14 MOTION for Summary Judgment filed by ROBERT SMITH. (Attachments: #1 Exhibit 1 #2 Exhibit 2 #3 Exhibit 5 #4 Exhibit 6 #5 Exhibit 7 #6 Exhibit 9 #7 Exhibit 10) (Jones, Michael) 27 SEALED Exhibits in Support re 26 Response in Opposition to Motion filed by ROBERT SMITH. (Attachments: #1 Sealed Exhibit 3 #2 Sealed Exhibit 4 #3 Sealed Exhibit 8) (Jones, Michael) d) Motions to Seal A motion to seal is not filed under seal unless sealing is warranted because the content and the existence of the document to be sealed should not be revealed on the court’s public docket. Whether filed under seal or not, a motion to seal is filed electronically and must be accompanied by a proposed order, which is required by Local Rule 7-1(d) and is filed as an attachment to the motion. When filing a motion to seal a document, the document that is the object of the motion to seal must first be filed electronically using the appropriate sealed event listed under subsection (b). After filing under seal the document that is the object of the motion to seal, the motion may be filed and should be linked to the sealed filing. If the motion to seal is granted, the object of the motion shall remain under seal. If the motion to seal is denied, the object of the motion will be unsealed 21 days after service of the Order. 19. Restricted Access Filings – Submission of Sentencing Letters Under appropriate circumstances, counsel may file documents and restrict access, which will result in the document being only accessible and viewable by authorized court staff in CM/ECF. Conventional service will be necessary to applicable parties. This filing restriction can only be used under specific circumstances and for specific documents, and only when authorized by the court. Counsel for each criminal defendant is encouraged to be the recipient of all letters in support of the defendant, and counsel for the government is encouraged to be the recipient of all victim impact letters. Counsel must file all defendant support and victim impact letters received, via CM/ECF, using the event listed below, which restricts access to these documents to only authorized court staff. 16 To restrict access to case participants, counsel will submit victim impact letters and letters in support of defendants through the court's CM/ECF system, using the following event, which is located under "Other Documents": • Sentencing Letter (Case participants – entry) 20. Ex Parte Documents Ex parte documents must be filed electronically, as required by Local Rule 5-1. All ex parte filings must be submitted using an appropriate "EX PARTE" filing event. Ex Parte Civil and Criminal Filing Events • EX PARTE Filing (ex parte – entry) • EX PARTE Motion (ex parte-entry) Docket text and PDF documents associated with an electronic filing created using an "EX PARTE" filing event are not posted on the Court's public docket and cannot be accessed via the PACER System. Documents submitted electronically using an "EX PARTE" filing event will be only accessible and viewable by authorized court staff. If the motion remains ex parte at the time of the Court's ruling, any Order issued referencing the "EX PARTE" Motion will be served by U.S. Mail or secure electronic means only to counsel for the filing party. 21. Contact Information Additional information about electronic filing may be obtained by visiting the court's website at www.insd.uscourts.gov, contacting the Clerk's Office during regular business hours at (317) 229-3700, or sending an email to [email protected]. 17 Appendix A UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA , ) Plaintiff(s), ) ) vs. ) Case No. ) , ) Defendant(s) ) Notice of Manual Filing Please take notice that [Plaintiff/Defendant, Name of Party] has manually filed the following: [Title of Document or Object] This exhibit has not been filed electronically because [it is an object and cannot be converted to an electronic format/the document exists only in paper form and is illegible when scanned to PDF]. The document or object has been manually served on all parties. [Name of Filing Attorney] Name of Filing Attorney Law Firm Name Address City, State, ZIP Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] 18 Appendix B UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA , ) Plaintiff(s), ) ) vs. ) Case No. ) , ) Defendant(s) ) Notice of Endorsement Please take notice that [Plaintiff/Defendant, Name of Party] electronically filed the following document on [Date of Filing]: [Title of Document] [Plaintiff's/Defendant's] counsel now notifies the Court that [Plaintiff/Defendant, Name of Party] endorses the [Title of Document] filed by [Filing Party's Name] and would join in submitting said document for the Court's review. Name of Filing Attorney Law Firm Name Address City, State, ZIP Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] 19 Appendix C UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA , ) Plaintiff(s), ) ) vs. ) Case No. ) , ) Defendant(s) ) Declaration that Party was Unable to File in a Timely Manner Due to Technical Difficulties Please take notice that [Plaintiff/Defendant, Name of Party] was unable to file his/her [Title of Document] in a timely manner due to technical difficulties. The deadline for filing the [Title of Document] was [Filing Deadline Date]. The reason(s) that I was unable to file the [Title of Document] 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 (including dates and times)] I declare under penalty of perjury that the foregoing is true and correct. [Name of Filing Attorney] Name of Filing Attorney Law Firm Name Address City, State, ZIP Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] 20
Official source: https://www.insd.uscourts.gov/sites/insd/files/ECF%20Admin%20Policies%20and%20Procedures%2 · retrieved 2026-07-23