LR-APPENDIX ECF
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ELECTRONIC FILING
POLICIES AND PROCEDURES
Stephen J. Murphy, III
Chief Judge
Revised November 2025
Electronic Filing Policies and Procedures
Eastern District of Michigan
TABLE OF CONTENTS
Introduction
R1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
R2 Scope of Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
R3 Eligibility and Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
R4 Non-Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
R5 Filing - In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
R6 Referencing the Court Record . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
R7 Filing - Civil Initiating Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
R8 Filing - Criminal Initiating Papers . . . . . . . . . . . . . . . . . . . . . . . . . 9
R9 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
R10 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
R11 Entry of Court-Issued Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
R12 Proposed Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
R13 Docket/Official Court Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
R14 ECF Inaccessibility; Malfunctioning of Filing User’s Equipment . . 13
R15 Correcting Docket Entries Including Papers Filed in Error . . . . . 14
R16 Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
R17 Transcripts and Audio Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
R18 Retention Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
R19 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
R20 Access To Papers in ECF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
R21 E-Government Act of 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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EXHIBITS
A Procedure to Address Non-Compliance with ECF Policies and Procedures
B Procedures Governing the Electronic Availability and Redaction of Transcripts
C Sample Index of Exhibits
D Ex Parte Motion for Leave to File an Exhibit in the Traditional Manner
E Administrative Order No. 07-AO-030, Federal Rules Governing Privacy Protection
for Filings Made with the Court - Responsibility for Redaction
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Introduction
As of June 1, 2004, the official record of filed cases shall be maintained electronically.
These policies and procedures set forth the scope and requirements for filing users. The
Court approved mandatory electronic filing November 30, 2005.
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R1 Definitions
The following terms appear in these Electronic Filing Policies and Procedures:
(a) “ECF Inaccessibility” is defined as a malfunction of ECF and/or PACER.
This does not include malfunctioning of a filing user’s equipment.
(b) “E-Government Act of 2002” establishes a broad framework for the use of
technology to enhance public access to government information and
services. Pub. L. No. 107-347, 116 Stat. 2899. See 44 U.S.C. §§ 3601, et
seq.
(c) “Electronic Case Files” (hereinafter ECF) refers to the Court's automated
system that receives and stores papers filed in electronic form. The
program is part of the CM/ECF (Case Management/Electronic Case Files)
software, which was developed for the Federal Judiciary by the
Administrative Office of the United States Courts.
(d) “Electronic Filing” means filing a paper over the Internet by a registered
attorney or a non-incarcerated pro se party.
(e) “Filing User” is an attorney or a pro se party who has been granted
permission by the Court to file papers electronically over the Internet in the
Eastern District of Michigan. Pro se party refers to a non-incarcerated
person only.
(f) “Flatten” refers to the process of saving a Portable Document Format (PDF)
file so that all fields will be consolidated to the same imaging level and the
content is no longer interactive (see R1(m)).
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(g) “Hyperlink” is a selectable connection from a word, picture, or information
object to another, providing a mechanism for navigating to information
between or within electronic documents or to Internet material. Hyperlinks
are activated when the user clicks on an “active” region on the document.
The active region is usually indicated by the highlighting or underlining of
text.
(h) “Initiating Papers” are comprised of the following: civil complaints,
statements of disclosure of corporate affiliations and financial interest,
notices of removal, criminal complaints, indictments or informations, and
any other document filed with the Court that creates a new case and new
case number on the Court's docket.
(i) “Media File” is an audio or video recording that is presented in one of the
following formats to be filed with the Court: avi, mov, mp3, mp4, mpeg, wav,
wmv (see R19(c)).
(j) “Notice of Electronic Filing” (hereinafter NEF) is a notice automatically
generated by ECF at the time a paper is filed, setting forth the time of filing,
the name of the filing user, the type of paper, the text of the docket entry,
the name of the filing user receiving the notice, and an electronic link
(hyperlink) to the filed paper, which allows recipients to retrieve the paper
automatically.
(k) “PageID” is a sequential page identification applied by the ECF system to
each document that is initiated with the first filing of the case. The PageID
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is found in the document header displayed at the top of every page in the
ECF system.
(l) “Paper” is defined as a pleading, motion, exhibit, declaration, affidavit,
memorandum, order, notice, and any other filing by or to the Court.
(m) “Portable Document Format” (hereinafter PDF) refers to an electronic file
that is converted to a format that will look the same on a computer screen
and in print, regardless of the printer used to print it, and regardless of the
software package originally used to create it. PDF papers must be:
(1) flattened; and
(2) submitted in a text-searchable format to the extent possible
(see R5(c)).
(n) “Proposed Order” is a draft paper submitted for a judge's editing, if
necessary, and signature, in a Microsoft Word compatible format and not in
PDF (see R12(a)).
(o) “Public Access to Court Electronic Records” (hereinafter PACER) is an
electronic public access service that allows users to obtain case and docket
information online from federal appellate, district, and bankruptcy courts. A
PACER account upgraded or obtained after August 10, 2014 will allow a
user to use the same account for PACER and e-filing access to this Court
and other Courts where e-filing privileges are granted.
(p) “Restricted Paper” means a filing that is not accessible to the public or the
parties in the case.
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(q) “Text-Only Order” is a docket entry that itself constitutes the order; no PDF
or paper order is issued. These text-only orders, which are generally only
used for routine matters, are official and binding.
(r) “Traditional Manner” means filing a paper (hard copy) or a physical object
at a Clerk’s Office (see R19(d)).
(s) “Web-Based Resource” is material made available on the World Wide Web,
accessed by means of a universal record locater (URL).
R2 Scope of Electronic Filing
All papers (not simply cases) filed June 1, 2004 and thereafter will be maintained
as electronic case files no matter when a case was originally filed.
R3 Eligibility and Registration
(a) A filing user must be an attorney admitted and in good standing to practice
in the Eastern District of Michigan, an attorney authorized to represent the United States
Government, or a non-incarcerated pro se party granted permission to file on a case-by-
case basis.
(1) Attorneys already admitted to practice who have a case pending
before the Court must immediately comply with registration requirements outlined on the
Court’s website to receive permission to file electronically.
(2) Newly-admitted attorneys will be automatically registered as filing
users as part of the admissions process.
(b) (Reserved)
(c) A filing user must have an upgraded PACER account (see R1(o)).
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(d) Each filing user is responsible for maintaining valid and current contact
information in his or her PACER account 1. When a user’s contact information changes,
the user must promptly update his or her PACER account. If the filing user has a pending
case before the Court, the user must also promptly notify all parties in all cases.
Electronic service upon an obsolete e-mail address will constitute valid service if the user
has not updated the account profile with the new e-mail address.
R4 Non-Compliance
(a) The Court may excuse a party from electronic filing on motion for good
cause shown.
(b) The Court may issue an order to show cause for repeated filing errors or
other instances of non-compliance with these Policies and Procedures. The Court may
also subject a filing user to sanctions in accordance with LR 11.1. See Procedure to
Address Non-Compliance with ECF Policies and Procedures (EXHIBIT A).
R5 Filing - In General
(a) Filing users are required to file papers electronically.
(b) Filing users must comply with the courtesy copy policy of the judge to whom
the case is assigned, as outlined in each judge’s practices guidelines appearing on the
Court website.
(c) A file created with a word processor, or a paper that has been scanned,
must be converted to PDF to be filed electronically with the Court. Converted files contain
1
A filing user must maintain a primary email address to receive all NEFs as part of a user’s PACER account. Each
primary email address must be the primary work email address for an individual attorney. Generic email addresses,
(e.g.,
[email protected], or
[email protected]) may not be used as a primary email address. Pro Se filing users must
provide their primary email address. In addition, a filing user has the option of maintaining a secondary email address
with the Court. Instructions on establishing a secondary email address are found on the Court’s website.
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the extension “.pdf”. Scanned papers must be text-searchable whenever possible. All
fonts embedded in PDF records (except in papers that have been scanned) must have
been publicly identified as a font that may be legally embedded (i.e., the font license
permits embedding) in a file for unlimited, universal viewing and printing. Common font
styles include but are not limited to the following: Courier, Arial, Times New Roman,
Calibri, Century Schoolbook, Symbol and ZapfDingbats (see R1(m)). No embedded
interactive content is allowed, such as embedded audio and video. If a party chooses to
file audio or video recordings with the Court, the party must obtain leave of Court to file
using the Media File Upload procedures under R19(c).
(d) A hyperlink (as defined in R1(g)) contained in an electronic filing is merely
a convenient mechanism created by the author for accessing Web-based resources (see
R1(s)). A hyperlink is not a part of the Court’s record. Accordingly, the Court does not
endorse nor exercise any responsibility over the content at the destination. Any hyperlink
to a case or other authority included in an electronic filing must be expressed in the full
traditional citation method for the cited authority.
(e) A cited Web-based resource that refers to information that has not already
been made part of the record, must be captured, preserved in PDF, and attached to the
paper. The attachment should include a notation of the date it was viewed and the case
to which it relates.
(f) Motions must be filed with an accompanying brief and any supporting
affidavits/declarations as one PDF document (See LR 7.1(d)). Motions must not be
combined with any other stand-alone document. For example, a motion for preliminary
relief must not be combined with a complaint. A counter-motion must not be combined
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with a response or reply. A motion for downward departure must not be combined with a
sentencing memorandum. Papers filed in violation of this rule will be stricken.
(g) Papers containing advertisements, which may be generated as a result of
the use of free or trial-run PDF conversion software, will be stricken.
(h) PDF files must be flattened (See R1(f)).
R6 Referencing the Court Record
A filing user referring to a portion of the record previously filed shall make reference
to the PageID (see R1(k)) identified thereon, following the citation form identified below.
Pro se litigants are exempt from this requirement.
TO REFERENCE: CITATION FORM EXAMPLE:
A single page PageID.234
Multiple sequential pages PageID.234-235
Multiple pages that are not in succession PageID.234, 238, 245
The citation form for any filing that references a portion of a different case record
within the Eastern District of Michigan shall be preceded with the 13-character case
number for that other case (e.g., 1:19-cv-59999 PageID.234).
[NOTE: PageID numbers are assigned to restricted papers (see R1(p)) but will not
be available to filing users for referencing.]
If a media file is filed as an exhibit to a paper, the filing user must include a
timestamp citation wherever it is referenced in the paper (e.g., Exhibit A – Dashcam video
4:36 – 6:03) (see R19(c)).
R7 Filing - Civil Initiating Papers
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(a) Filing users must file civil initiating papers and request for issuance of a
summons electronically. A case is not considered filed until an initiating paper has been
uploaded and a judicial officer has been assigned to the case.
(b) Payment of initial filing fees may be accomplished electronically at the time
the initiating papers are filed and is the Court’s preferred method. If payment is not made
at that time, the filing user has seven calendar days to remit payment to the Clerk’s Office
or file an application to proceed in forma pauperis, or the case may be dismissed by the
assigned judicial officer.
(c) Corporate plaintiffs must file the Statement of Disclosure of Corporate
Affiliations and Financial Interest in accordance with LR 83.4, along with initiating papers.
Corporate defendants in either civil or criminal cases should e-file the Statement as one
of the first pleadings or papers filed with the Court, or as soon as the party becomes
aware of the corporate affiliation or financial interest, or as otherwise ordered by the judge
to whom the case is assigned.
(d) A pro se party does not have permission to file civil initiating papers
electronically in ECF.
R8 Filing - Criminal Initiating Papers
Criminal initiating papers may be filed in the traditional manner or may be filed
electronically by the United States Government.
R9 Service
(a) Fed. R. Civ. P. 5(b) and Fed. R. Crim. P. 49(b) do not permit electronic
service of process for purposes of obtaining personal jurisdiction, i.e., Rule 4 service.
Therefore, service of process must be effected in the traditional manner.
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(b) Whenever a non-restricted paper is filed electronically in accordance with
these procedures, ECF will generate a NEF to all filing users associated with that case
and to the judge to whom the case is assigned. Sealed papers, allowed by court order or
statute, must be filed electronically and served in the traditional manner on all applicable
parties as prescribed by Fed. R. Civ. P. 5(b)(A)-(D).
(c) (Reserved)
(d) (Reserved)
(e) A party who is pro se and not a filing user, or a party excused from electronic
filing under Fed. R. Civ. P. 5(d)(3)(A), is entitled to a hard copy of any paper filed
electronically. Service of such copy must be made according to the federal rules of
procedure (civil and criminal) and local rules. Unless otherwise ordered by the Court, an
attorney who is not a filing user is not entitled to this traditional service.
R10 Signatures
(a) See Fed. R. Civ. P. 5(d)(3)(C).
(b) A paper filed electronically must include a signature block containing the
name of the filing user represented by “s/”, “/s/” or a scanned signature, firm name (if
applicable), street address, telephone number, primary e-mail address, and bar ID
number (where applicable). The format of the signature block should substantially
conform to the following sample:
SAMPLE: s/John Doe
Doe Law Firm
123 Main Street
Detroit, MI 48200
(313) 555-1234
[email protected]
P12345
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(c) A paper containing the signature of a defendant in a criminal case shall be
scanned and filed by filing users or Court personnel.
(d) An affidavit, declaration or paper containing the signature of a non-attorney
shall be scanned and filed electronically.
(e) A paper requiring the signature of more than one party shall be filed
electronically by:
(1) representing the consent of the other parties on the paper by
including the name of the consenting party in a separate signature block as
shown in the following sample;
SAMPLE: s/ with consent of Jane Roe
Law Office of Roe & Roe
456 Mockingbird Lane
Ann Arbor, MI 49888
(734) 555-6789
[email protected]
P23456
or
(2) submitting a scanned paper containing all necessary signatures, or
(3) in any other manner approved by the Court.
(f) No filing user may submit a paper with an electronic signature unless the
filing user has permission of the signatory.
R11 Entry of Court-Issued Papers
(a) All signed orders will be filed by Court personnel. Any order signed
electronically (with s/judge's name) shall have the same force and effect as if the judge
had affixed his or her signature to a hard copy of the order and it had been entered on
the docket in the traditional manner.
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(b) The judge to whom a case is assigned may issue routine text-only notices
and orders for which ECF will generate a NEF. The text-only order entry shall constitute
the Court’s only order on the matter. In civil cases, such notices and orders may include
but are not limited to notices setting or modifying a schedule, orders extending time, and
orders granting leave to file papers. In criminal cases, such orders could include orders
of dismissal filed under Fed. R. Crim. P. 48(a) and orders unsealing documents.
R12 Proposed Orders
(a) Proposed orders (see R1(n)) must be submitted to the judge to whom the
case is assigned or to the magistrate judge to whom the matter is referred via the link
located under the Utilities section of ECF. This link may not be used for any other
purpose. Proposed orders must not include the judge’s electronic signature.
(1) If the movant (filing user) obtains concurrence pursuant to E.D. Mich.
LR 7.1(a)(1), the proposed stipulated order must be submitted via the link referred to in
(a).
(2) If concurrence is obtained and the movant (filing user) prepares a
separate stipulation and separate proposed order, the stipulation must be submitted with
the proposed order via the link referred to in (a), unless:
(i) the stipulation requires the signature of a pro se party who is
not a filing user or a non-attorney, in which case the stipulation is to be electronically filed
and the proposed order submitted via the link referred to in (a); or
(ii) the stipulation is regarding trial exhibits for appeal purposes
and does not require an order signed by a district or magistrate judge.
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(3) Proposed orders shall not be combined with ex-parte motions. The
ex-parte motion must be filed electronically first and the proposed order must be
submitted via the link referred to in (a).
(4) An exception to the submission of proposed orders via the link
referred to in (a) is found in E.D. Mich. LR 58.1(c).
(b) The movant (filing user) must provide all other parties a copy of the
proposed order either by e-mail or other form. ECF does not automatically generate an
NEF or a copy of the proposed order for them.
(c) Alternatively, a motion or stipulation may request that routine relief be
granted by text-only order. Such orders are official and binding.
R13 Docket/Official Court Record
A paper filed electronically in accordance with these policies and procedures shall
constitute entry of that paper on the docket kept by the Clerk under Fed. R. Civ. P. 58
and 79, and Fed. R. Crim. P. 55.
R14 ECF Inaccessibility; Technical Difficulties with Filing User’s Equipment
(a) If ECF inaccessibility (see R1(a)) is prolonged, the Court will send an e-mail
to primary and secondary e-mail addresses to notify users of the problem. The Court will
send another e-mail when ECF is accessible. If a filing user has a deadline during that
time, he or she should contact the judicial officer’s chambers to seek appropriate relief.
(b) A filing user experiencing technical difficulties on his or her own equipment
should make every effort to honor deadlines but may also seek appropriate relief from the
Court by contacting chambers.
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R15 Correcting Docket Entries Including Papers Filed in Error
Once a paper is filed electronically and becomes part of the docket, corrections to
the docket may be made only by the Clerk’s Office. If a paper is filed in error, the filing
user must seek appropriate relief from the Court.
R16 Deadlines
(a) A paper filed electronically is deemed filed on the date and time stated on
the NEF.
(b) Filing electronically does not alter the filing deadline for a paper. Filing
users are encouraged to file electronically during ordinary business hours; however, filing
electronically must be completed before 12:00 midnight (Eastern Time) in order to be
considered timely filed that day. In accordance with Fed.R.Civ.P. 6(d) and Fed.R.Crim.P.
45(c), service by electronic means is governed by Federal Rule of Civil Procedure
5(b)(2)(E).
R17 Transcripts and Audio Files of Federal Court Proceedings
(a) Transcripts of federal court proceedings will be filed electronically in ECF
by the court reporter, transcriber, or Court personnel.
(b) Access to transcripts of federal court proceedings will be governed by the
Court’s Procedures Governing the Electronic Availability and Redaction of Transcripts
(EXHIBIT B).
(c) An audio file uploaded in ECF by the Court is a copy of the original audio
recording and provided as a convenience to filing and PACER users. A transcript must
still be produced in accordance with 28 U.S.C. § 753(b).
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R18 Retention Requirements
The official Court record shall be the electronic file maintained on the Court’s
servers and any papers allowed to be filed in the traditional manner. The Clerk’s Office
will discard all papers brought to the Clerk’s Office for entry on the docket after those
papers are scanned and uploaded to ECF. Therefore, the Court encourages filing users
to retain the originals of papers with intrinsic value.
R19 Exhibits
(a) In General
An exhibit available in original electronic format must be converted to PDF,
made text-searchable and filed electronically. An exhibit available in paper must be
scanned as an electronic image, converted to PDF, made text-searchable and filed
electronically. If an individual exhibit’s file size is larger than 50 megabytes, filing users
must divide the exhibit into separate files, each smaller than 50 megabytes, and upload
the files.
Filing users must file only portions of exhibits that are germane and shall
not include any paper that is already part of the record. Previously filed papers should be
referenced using the PageID (see R6).
The offering party shall retain hard copies, or accurate electronic copies, of
exhibits until entry of final orders by the District Court and, if applicable, appellate courts.
(b) Filing Exhibits to Papers Electronically
For exhibits filed electronically, filing users must use the following
procedure:
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(1) Unless there is only one exhibit, the filing user must prepare an index
of exhibits and file the index as the first attachment to the paper. Each exhibit must be
described on the index both by an exhibit identifier and by a brief narrative description.
See Sample Index of Exhibits (EXHIBIT C).
(2) Each exhibit then must be filed and identified as a separate
attachment to the paper and must be labeled in the electronic record with an exhibit
identifier and brief narrative description.
SAMPLE DOCKET ENTRY: Motion for Summary Judgment
filed by ABC Company (Attachments: #1 Index of Exhibits #2
Exhibit A - Affidavit of John Smith #3 Exhibit B - Excerpts from
Jane Doe’s Deposition #4 Exhibit C1 - Contract Between XYZ
Company and ABC Company, pages 1-35 #5 Exhibit C2 -
Contract Between XYZ Company and ABC Company, pages
36-69 #6 Exhibit D - XYZ Company General Ledgers)
(c) Media Files
Media files (see R1(i)), such as an audio clip or video clip, may be filed only
with leave of court. A filing user must file a motion for leave in accordance with L.R. 7.1
and include the following:
(1) A statement regarding concurrence pursuant to L.R. 7.1(a);
(2) A description of the content of the media file;
(3) A concise explanation of how the media file provides factual support
to the motion, response, reply or memorandum;
(4) Whether the media file has been or will be used in a court
proceeding; and
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(5) Whether the content of the media file complies with the privacy
protections outlined in the E-Government Act of 2002 and all other applicable law (see
R21).
If the Court grants the motion, the filing user must provide a timestamp
reference to the part of the media file that is offered in support of the corresponding paper
(see R6). All audible portions of a media file must be transcribed; the transcript must be
filed in written form as an exhibit to the paper (see R19(a)).
The approved media file exhibit is submitted using the electronic portal
called “Media File Upload” located in the ECF system and then must be filed according
to the following procedures:
(1) The filing user must prepare an index of exhibits. This index must
be filed as an attachment to the main paper and must state that the media file exhibit is
being filed under this rule.
(2) The filing user shall file the media file exhibit via the portal. The
Clerk's Office will note on the docket its receipt of the exhibit.
(3) The filing user shall file the transcription of any audible portions of
the media file as an attachment to the main paper.
(4) A filing user must serve materials filed under this rule on other parties
in accordance with the federal and local rules, and file a certificate of service.
Files submitted without leave, not in the proper format or not in compliance
with the above procedures may be stricken.
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(d) Physical Objects
A filing user with a physical object must obtain leave of court to file it in the
traditional manner. See Ex Parte Motion for Leave to File an Exhibit in the Traditional
Manner (EXHIBIT D). If the Court grants a filing user’s motion, an original and judge’s
courtesy copy (if practicable) must be brought or mailed to the Clerk’s Office for filing.
Physical objects must have a label physically attached that include a case number, date
of the order granting permission to file and a description.
The exhibit then must be filed according to the following procedures:
(1) The filing user must prepare an index of exhibits. This index must be
filed as an attachment to the main paper and must state the exhibit is being filed under
this rule.
(2) The filing user shall file the exhibit in the traditional manner. The
Clerk's Office will note on the docket its receipt of the exhibit.
(3) A filing user must serve materials filed under this rule (if practicable)
on other parties in accordance with the federal and local rules, and file a certificate of
service.
R20 Access To Papers in ECF
(a) A person may retrieve information from ECF at the Court’s Internet site by
obtaining a PACER login and password. A person who has PACER access may retrieve
the docket and papers in civil cases, except immigration and social security benefits
cases. In immigration and social security benefits cases, only counsel of record or parties
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in the case may retrieve papers. Judicial Conference of the United States policy prohibits
routine public access via the Internet of immigration and social security benefits cases.
(b) A person who has PACER access may retrieve the docket and papers filed
after November 1, 2004 in a criminal case. However, only counsel of record in a case, or
a pro se defendant with PACER access, may retrieve papers filed before November 1,
2004.
R21 E-Government Act of 2002
Privacy protection for filings made with the Court is governed by Fed.R.Civ.P. 5.2
and Fed.R.Crim.P. 49.1. To supplement the federal rules, the Court has entered an
administrative order (EXHIBIT E) which makes it clear that counsel and the parties are
responsible for redacting filings with the Court. The Clerk’s Office will not review papers
for compliance with the federal rules.
19
Rev. 11/25
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
PROCEDURE TO ADDRESS NON-COMPLIANCE
WITH ECF POLICIES AND PROCEDURES
(Revised September 2009)
I. Authority
At the May 2007 Judges’ Meeting, the Court approved a Procedure to Address Non-
Compliance with the ECF Policies and Procedures (Appendix ECF to the Local Rules).
II. Overview
With each e-filing error or instance of non-compliance a Notice of E-Filing Error or
Notice of Non-Compliance will be generated and served on the filing user, opposing
counsel, and the judge’s chambers. Action will be taken after there have been a combined
threshold of three occurrences of e-filing errors, or non-compliance, or a combination of
the two within a six-month period. The threshold will be met whether three violations occur
in a single case or a single violation occurs in three different cases.
With each violation, the offending filing user will receive a Notice of E-filing Error or
Notice of Non-Compliance that will identify the problem and the course of action that
should be taken. The Notice will caution the offending filing user that sanctions may result
from repeated errors and/or instances of non-compliance.
III. Definitions
(A) E-filing Error. Electronically filing a document which violates the local and/or
federal rules.
(B) Non-Compliance.
(1) Registered filing users filing a document in paper without leave of Court.
(2) Failure to update the Court with current contact information resulting in
an e-mail being returned to the Court’s electronic mailbox as undeliverable.
(3) An attorney who is admitted to practice before this Court, and has an
active case or cases, but has not registered for electronic filing.
(4) Any other violation of local and/or federal rules.
EXHIBIT A
Procedure to Address Non-Compliance
with ECF Policies and Procedures Page 2
(C) Chief Judge’s Designee. For purposes of this procedure, the Chief Judge
has designated Judge Robert H. Cleland to act for the Court.
IV. Clerk’s Office Contact
After the third violation within a six-month period, the offending filing user will be
contacted in writing by CM/ECF Help Desk personnel. The offending filing user will be
instructed to follow a prescribed course of action appropriate for the violations that have
occurred. Appropriate action may include, but not be limited to, completion of online
training, a violation warning or direction to review specific online content related to
electronic filing. The user will be warned that further violations will be referred to the Chief
Judge’s designee for further action.
V. Further Violations
Upon the fourth violation within a six-month period, the Chief Judge’s designee may
issue an Order to Show Cause directing the offending filing user to explain the offending
conduct. The Chief Judge’s designee may take any remedial action deemed appropriate.
Any additional violations within a six-month period may be considered contempt of
court. If held in contempt, an appropriate monetary fine will be imposed.
VI. Newly-Admitted attorneys
Newly admitted attorneys, who have a pending case at the time of admission, have
up to two weeks from their admission date to register and otherwise comply with the ECF
Policies and Procedures. Attorneys who do not have any active cases pending at the time
of admission are not required to register until such time as the attorney has appeared in
an active case.
Approved: May 7, 2007
Revised: September 2009
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
PROCEDURES GOVERNING THE ELECTRONIC AVAILABILITY
AND
REDACTION OF TRANSCRIPTS
(Revised September 2009)
A. Authority
At its September 2007 session, the Judicial Conference of the United States approved a
new policy regarding the availability of transcripts of courtroom proceedings. The language
from that session states:
(1) A transcript provided to a court by a court reporter or transcriber will be available at
the office of the clerk of court for inspection only, for a period of 90 days after it is
delivered to the clerk.
(2) During the 90-day period, a copy of the transcript may be obtained from the court
reporter or transcriber at the rate established by the Judicial Conference, the
transcript will be available within the court for internal use, and an attorney or party
who obtains the transcript from the court reporter or transcriber may obtain remote
electronic access to the transcript through the court’s CM/ECF system for the
purposes of creating hyperlinks to the transcript in court filings or for other purposes.
(3) After the 90-day period has ended, the filed transcript will be available for inspection
and copying in the clerk’s office and for downloading from the court’s CM/ECF
system through the judiciary’s PACER system.
In addition, amendments to the Federal Civil and Criminal Rules of Procedure that took
effect on December 1, 2007, require that personal identification information be redacted
from documents filed with the court - individuals’ Social Security numbers, names of minor
children, financial account numbers, dates of birth, and, in criminal cases, home
addresses.
B. Procedures
These procedures apply to all transcripts of federal court proceedings, or parts of federal
court proceedings, filed by official court reporters, contract court reporters, and
transcribers.
The responsibility to review the transcripts and request redactions, if necessary, rests
solely with the attorneys and parties to the case.
EXHIBIT B
Procedures Governing the Electronic Availability
and Redaction of Transcripts Page 2
Nothing in these procedures creates a private right of action against the court, the official
court reporter, the contract court reporter, or transcriber.
1. Transcripts of federal court proceedings, or parts of federal court proceedings, will
be filed electronically in CM/ECF by the court reporter or transcriber. Transcripts will not
be made electronically available for 90 calendar days from the date of filing, however they
may be viewed at the clerk’s office using the public terminal. CM/ECF will calculate the
release of transcript restriction deadlines.
2. Upon receipt of payment from the ordering party, the court reporter or transcriber
will grant the attorney or party electronic access to the transcript in CM/ECF. If the
transcript is ordered by a Federal Government agency, the agency will be granted access
to the transcript in CM/ECF upon its completion.
3. Any attorney or party needing to review the transcript for redaction purposes may
purchase a copy from the court reporter or transcriber, or view the transcript at the clerk’s
office using the public terminal.
4. Once a prepared transcript is filed with the clerk’s office, the attorneys or parties in
the case are responsible for reviewing it for the personal data identifiers required by the
federal rules to be redacted, and providing the court reporter or transcriber with a
statement of the redactions to be made to comply with the rules. Attorneys and parties
must request the redaction of the following personal data identifiers:
• Social Security numbers (or taxpayer identification numbers) to the last four
digits;
• financial account numbers to the last four digits;
• dates of birth to the year;
• names of minor children to the initials; and
• in criminal cases, any home addresses stated in court to the city and state.
5. Unless otherwise ordered by the court, attorneys and parties must review the
following portions of the transcript:
• opening and closing statements made on the party’s behalf;
• statements of the party;
• the testimony of any witnesses called by the party;
• sentencing proceedings; and
• any other portion of the transcript as ordered by the court.
6. An attorney serving as “standby” counsel appointed to assist a pro se defendant in
his or her defense in a criminal case must review the same portions of the transcript as if
the pro se defendant were his or her client. The attorney conducting the review is entitled
Procedures Governing the Electronic Availability
and Redaction of Transcripts Page 3
to compensation under the Criminal Justice Act for functions reasonably performed to fulfill
the redaction obligation and for reimbursement for related reasonable expenses.
7. Within 21 days from the filing of the transcript, or longer if the court so orders, an
attorney or party must submit to the court reporter or transcriber a statement (Redaction
Request) indicating where the personal data identifiers appear in the transcript, by page
and line number, and how they are to be redacted. A copy must also be filed with the
clerk’s office. [NOTE: The Court’s standard Redaction Request is attached. It is also
available on the Court’s website.]
8. If an attorney or party wishes to redact additional information, he or she may make
a motion to the court within the 21-day period, with a copy served on the court reporter or
transcriber. The transcript will not be electronically available until the court has ruled on
any such motion, even though the 90-day restriction period may have ended.
9. If redaction is requested, the court reporter or transcriber must, within 31 days from
the filing of the original transcript, or longer if the court so orders, perform the requested
redactions and file a redacted version of the transcript with the clerk of court. A copy of the
redaction request must be retained by the court reporter or transcriber in order to have a
record to support the redactions made.
10. The redacted transcript will be available for remote access after 90 calendar days
from the date the original transcript was filed. The unredacted, original transcript will be
retained by the clerk of court as a restricted document, and will continue to be available at
the clerk’s office public terminal for viewing only.
11. If, at the end of the 90-day restriction period, there are no redaction documents or
motions linked to the transcript, CM/ECF will automatically remove the access restrictions.
12. Transcripts that include voir dire or other juror information will only be available to
parties in the case if they are specifically requested. The voir dire transcript will be sealed
to ensure a juror’s right to privacy. Parties to the case will be required to seek permission
of the Court to use the transcript in any other proceeding except an appeal of the same
case. Members of the public must receive permission from the judge that ordered the voir
dire transcript sealed prior to obtaining a copy of the transcript, and the transcript may be
subject to redaction before it is given to any member of the public.
C. Purchase of Transcripts by the Public
Members of the public, including the news media, who purchase a transcript from the court
reporter or transcriber within the 90-day restriction period, will not be granted remote
electronic access during the restriction period. At the end of the restriction period, the
public will be provided remote electronic access to the redacted transcript, or if no
Procedures Governing the Electronic Availability
and Redaction of Transcripts Page 4
redaction was done, to the transcript originally submitted, unless it is under seal.
If both redacted and unredacted versions exist at the time a transcript is ordered by a
member of the public, including the news media, the redacted transcript is the version that
should be sold.
D. Redaction Procedures
Court reporters and transcribers may perform the requested redactions manually or with
the assistance of various software programs. To manually redact, an “x” should be placed
in the space of each redacted character. Regardless of the method used, the page and
line numbers of the original transcript must be preserved.
E. Certification of Redacted Transcripts
The title page of the transcript will include a notation of “REDACTED TRANSCRIPT” on
a blank line immediately below the case caption and before the volume number and the
name and title of the Judge.
At the end of the transcript, and without affecting the page number, the redacted transcript
should be certified by the court reporter or transcriber by stating:
“I (we) certify that the foregoing is a true and correct copy of the transcript
originally filed with the clerk of court on mm/dd/yy, and incorporating
redactions of personal identifiers requested by the following attorneys of
record or parties: in accordance with
Judicial Conference policy. Redacted characters appear as an “x” (or black
box) in the transcript.”
F. Remote Access and PACER Charges
Charges for access through PACER will accrue during and after the 90-day restriction
period. Charges will accrue for the entire transcript rather than being capped at 30 pages.
The user will incur PACER charges each time the transcript is accessed even though he
or she may have purchased it from the court reporter or transcriber and obtained remote
access through CM/ECF. There will not be a remote free copy of the transcript. In
addition, the transcript policy approved by the Judicial Conference does not provide for a
free copy of the transcripts for the Department of Justice at the clerk’s office.
Procedures Governing the Electronic Availability
and Redaction of Transcripts Page 5
G. Effective Date
These procedures apply to transcripts of court proceedings, or parts of proceedings, filed
on or after June 16, 2008.
Attachment
MIED (Rev. 6/08) Redaction Request -Transcript
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Plaintiff(s), Case No.
v.
Defendant(s).
/
REDACTION REQUEST – TRANSCRIPT
Pursuant to Judicial Conference policy, requests
redaction of transcript(s) on file in this case:
(Please list the document number, page, and line number and a redacted identifier for each redaction necessary;
e.g., Doc. No. 15, Page 12, Line 9, Social Security No. to read xxx-xx-6130.)
Document Page Line
Number Number Number(s) Redacted Identifier
MIED (Rev. 6/08) Redaction Request -Transcript
The undersigned understands that redaction of information other than personal identifiers listed below
requires an order of the court.
Social Security or taxpayer-identification numbers to the last four digits
Dates of birth to the year
Names of minor children to the initials
Financial account numbers to the last four digits
Home addresses to the city and state (in a criminal case)
The requesting party is responsible for providing a copy of this request to the Court Reporter.
Date:
Signature
Bar No.
Street Address
City, State, Zip Code
Telephone Number
Primary Email Address
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SAMPLE INDEX OF EXHIBITS
Exhibit Description
A Affidavit of John Smith
B Excerpts from Jane Doe's Deposition
C-1 Contract Between XYZ Company and ABC Company (Part 1, Pages 1-
35)
C-2 Contract Between XYZ Company and ABC Company (Part 2, Pages 36-
69)
D XYZ Company General Ledgers
EXHIBIT C
MIED (Rev. 09/22) Sample Ex Parte Motion for Leave to File an Exhibit in the Traditional Manner
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Plaintiff(s), Case No.
v. Judge
Magistrate Judge
Defendant(s).
______________________________________/
EX PARTE MOTION FOR LEAVE TO FILE
AN EXHIBIT IN THE TRADITIONAL MANNER
NOW COMES the undersigned ___________________________________________________,
and pursuant to the Electronic Filing Policies and Procedures, seeks leave of this Court to file an
exhibit in the traditional manner. If granted, the exhibit would be filed via US mail or brought to
the Clerk’s Office.
[] An original and judge’s copy will be provided.
[] The original cannot be duplicated and a judge’s copy is not practicable.
The exhibit to __________________________________________________________
cannot be converted to PDF for the following reason(s): _______________________________
____________________________________________________________________________
____________________________________________________________________________.
For the foregoing reasons, the undersigned respectfully requests that this Court grant the
leave sought in this motion.
Date: ___________________ s/Name of Filing User______________________
Firm Name (if applicable)
Street Address
City, State, Zip Code
Telephone Number
Primary Email Address
Attorney Bar No. (if applicable)
EXHIBIT D
EXHIBIT E
