UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CASE MANAGEMENT/
ELECTRONIC CASE FILING
(CM/ECF)
PROCEDURES MANUAL
Revised on 4/28/2025
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) PROCEDURES
TABLE OF CONTENTS
PREFACE……………………………………………………………………………..………….…1
I. THE ELECTRONIC FILING SYSTEM…………………………………….……….....1
A. IN GENERAL ............................................................................................... 1
B. ATTORNEY REGISTRATION FOR CM/ECF .............................................. 2
1. PRO HAC VICE ADMISSIONS ..............................................................2
2. EXCEPTIONS TO ADMISSION REQUIREMENTS...............................3
C. E-FILING ACCOUNTS …………………………………………………………3
D. BROWSER REQUIREMENTS AND TECHNICAL SPECIFICATIONS……4
II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS. ................................... 5
A. ELECTRONIC FILING IN GENERAL .......................................................... 5
B. DOCUMENTS REQUIRING LEAVE TO FILE ............................................. 5
C. COMPLAINTS. ............................................................................................. 5
D. NOTICES OF REMOVAL ............................................................................ 7
E. SUMMONSES. ............................................................................................ 9
F. EXHIBITS. .................................................................................................. 10
G. SERVICE UNDER FED.R.CIV.P. 5 .......................................................... 11
H. SIGNATURES ............................................................................................ 11
I. ORDERS .................................................................................................... 13
J. PROPOSED ORDERS .............................................................................. 13
K. CORRECTING DOCKET ENTRY ERRORS ............................................. 14
L. TECHNICAL FAILURES ............................................................................ 14
M. PRIVACY AND REQUIRED REDACTION ................................................ 14
N. NOTICE REGARDING MAGISTRATE JUDGE JURISDICTION .............. 15
III. FILING OF DOCUMENTS IN PAPER FORMAT......................................................15
A. PRO SE LITIGANTS. ................................................................................. 15
B. SOCIAL SECURITY CASES. .................................................................... 16
C. HABEAS CORPUS CASES - STATE COURT RECORD. ........................ 16
D. QUI TAM (FALSE CLAIMS ACT) CASES. ................................................ 16
E. OTHER DOCUMENTS .............................................................................. 17
F. EXHIBITS FILED IN PAPER FORMAT PURSUANT TO
SECTIONS C AND E ............................................................................... 17
IV. DOCUMENTS FILED IN CRIMINAL CASES. ........................................................ 17
A. COMPLAINTS, INDICTMENTS AND INFORMATIONS ........................... 17
B INITIAL APPEARANCE DOCUMENTS. .................................................... 18
C. BOND DOCUMENTS ................................................................................ 18
D. HEARING EXHIBITS. ................................................................................ 18
E. OTHER DOCUMENTS .............................................................................. 19
V. PUBLIC ACCESS TO THE SYSTEM .................................................................. 19
A. PUBLIC ACCESS AT THE COURT .......................................................... 19
B. ELECTRONIC PUBLIC ACCESS. ............................................................ 19
VI. SEALED AND EX PARTE DOCUMENTS ........................................................... 19
A. BACKGROUND. ........................................................................................ 19
B. SEALED MOTIONS AND DOCUMENTS………………………………… ...20
1. ELECTRONIC NOTICE AND ACCESS TO SEALED MOTIONS.........23
2 . SERVICE OF SEALED FILINGS..........................................................23
C. SEALED ORDERS AND MINUTE ENTRIES ............................................ 23
D. EX PARTE MOTIONS AND DOCUMENTS .............................................. 23
APPENDICES
A. NOTICE OF EXHIBIT FILING
B. SAMPLE FORMATS – CERTIFICATE OF SERVICE
C. VERIFICATION OF SIGNED ORIGINAL DOCUMENT
PREFACE
This manual addresses policies and procedures governing CM/ECF (Case
Management/Electronic Case Filing) in the Eastern District of Missouri, and is not
intended as a technical guide for using the electronic case filing system. Information on
training in the use of CM/ECF, including access to computer-based tutorials, can be
obtained on the Court’s website https://www.moed.uscourts.gov/cmecf-training.
I. THE ELECTRONIC FILING SYSTEM
A. IN GENERAL
Unless otherwise permitted by these procedures or authorized by the assigned judge
or the Clerk of Court, documents submitted for filing in this district, no matter when a
case was originally filed, will be filed electronically using the Electronic Case Filing
System (ECF or the System). Electronic filing means uploading a document in PDF
format 1 directly from the registered user’s computer, using the Court’s electronic public
access System, to file that document in the Court’s case file. Electronic filers also may use
public computers located in the Clerk’s Office to electronically file PDF documents from CD-
ROMs or USB drives. Attorneys may not file documents with the court via e-mail or fax.
Pro se litigants are allowed to send filings via email to
[email protected]. Persons attempting to file any document in
paper format will be directed to the public scanner and public computer terminal to file the
paper document electronically.
Parties proceeding pro se are exempt from the electronic filing requirement, but
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A document created with almost any word-processing program can be converted to PDF. The PDF program in effect
takes a picture of the original document and allows anyone with Adobe Acrobat to open the converted document with
layout, format, links, and images intact. Because conversion to PDF may affect the pagination of a document, paper copies
of electronic filings should be made from the PDF version.
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non-prisoner pro se parties may request to receive electronic notice of filings. See
Form Notice to Self-Represented Non-Prisoner Parties re: Electronic Noticing.
The Clerk or any judge of this Court may deviate from these procedures in specific
cases, without prior notice, if deemed appropriate in the exercise of discretion, considering
the need for the just, speedy, and inexpensive determination of matters pending before the
Court. The Court may also amend these procedures at any time without prior notice.
B. ATTORNEY REGISTRATION FOR CM/ECF
In order to file electronically, each attorney must have an individual, upgraded Public
Access to Court Electronic Records, or "PACER," account and must be admitted to the
Eastern District of Missouri. Instructions can be found at
https://www.moed.uscourts.gov/attorneys/application-admission. The Court will grant e-filing
access only to attorneys in good standing. To be in good standing, an attorney must meet the
requirements of Local Rule 12.01, including timely payment of any assessment required by
that rule. A PACER Username and Password, issued to an individual attorney (not a law firm
or administrator), must be used for the retrieval and filing of official court documents. PACER
Accounts are not maintained by the Court.
1. Pro Hac Vice Admissions
An Attorney not admitted to the bar of the Eastern District of Missouri who enters an
appearance in any case, except as listed below, may seek admission pro hac vice pursuant to
Local Rule 12(F). Unless allowed by a judge for good cause, an attorney may not be granted
admission pro hac vice if the applicant resides in the Eastern District of Missouri, is regularly
employed in the Eastern District of Missouri, or is regularly engaged in the practice of law in
the Eastern District of Missouri. After being granted e-filing access, the attorney must file the
appropriate motion in the case in which he or she wishes to practice. An attorney may only
file a pro hac vice motion on behalf of himself or herself; motions filed by another attorney on
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his or her behalf will be stricken by the Clerk. Note: local counsel is not required to appear
along with the pro hac attorney.
2. Exceptions to Admission Requirements
Attorneys who are employed by the United States or any state or local government,
may apply for special Government access to practice in the Eastern District of Missouri
without obtaining general or pro hac vice admission. Please note, however, that the issuance
of a government account does not entitle the attorney to the same privileges enjoyed by those
who are generally admitted. If the attorney leaves the government and enters private practice,
he or she will need to seek general admission or admission pro hac vice to participate in an
active case in this Court.
Admission to the bar is not required in order to file or appear in (1) a miscellaneous
case, (2) a case transferred to this Court on an order of the Judicial Panel on Multidistrict
Litigation pursuant to 28 U.S.C. § 1407, or (3) any other case transferred to this Court from
another federal district court on an order of that district court. Attorneys must obtain e-filing
access by completing the appropriate registration. See
https://www.moed.uscourts.gov/attorneys/application-admission.
C. E-FILING ACCOUNTS
Each attorney must have his or her own individual PACER account in order to E-File in
the Eastern District of Missouri. Because these accounts are maintained by PACER and not
the Court, any changes to Username, Password, Firm, Address, E-mail, or Phone Number
must be made through PACER. When changing any type of contact information, PACER
must be instructed to share this information with the Court as it is the attorney’s responsibility
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to be sure the Court has the current contact information. For assistance with PACER
accounts, please contact PACER at https://pacer.uscourts.gov or 800-676-6856.
The use of an attorney's PACER account to file a document, along with the electronic
signature on the document, constitutes the signature of the filing attorney on that document,
as required by Fed.R.Civ.P. 11. An attorney should therefore use all due care to ensure that
his or her password is safeguarded to prevent unauthorized filings. In the event of any dispute
on the question, the attorney whose PACER account was used to electronically file will bear
the burden of proof and persuasion if he disclaims a particular filing. If an attorney comes to
believe that the security of an existing password has been compromised, the attorney must
change his or her password immediately and must notify the CM/ECF Help Desk at (314) 244-
7650.
D. BROWSER REQUIREMENTS AND TECHNICAL SPECIFICATIONS
NextGen CM/ECF Version 1.5 is compatible with Internet Explorer, Firefox and Safari.
All documents to be electronically filed should be scanned at 300 dpi or printed to
PDF before being uploaded to the System. The filing attorney is required to verify the
legibility of documents and remove all metadata before filing them electronically with the
Court.
The System will reject any single PDF document in excess of 35 megabytes. Note:
the combined filing size for one docket entry (i.e., main document plus all attachments) may
not exceed 350 megabytes. Any document in excess of 35 megabytes must be separated
into smaller segments and filed as directed in this Manual. See Section I.C. (complaints);
Section I.D. (notices of removal); and Section II.F. (exhibits).
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II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS
A. ELECTRONIC FILING IN GENERAL
With few exceptions, all documents in a case will be electronically filed on
the System. The official Court record will be the electronic file maintained on the Court’s
servers, along with any documents or exhibits permitted to be filed in paper format. In the event
that the Clerk scans a paper filing and converts it to electronic format, the Clerk may dispose of
the paper document and it will not be returned to the filer.
Electronic filing is permitted at all times, except when the System is temporarily
unavailable due to routine or necessary emergency maintenance. An electronic filing
completed at any time before midnight Central time will be entered on the docket as of that
date. The System determines the date and time when a filing is completed. A document
will not be considered electronically filed for purposes of the Federal Rules of Civil Procedure
until the filing party receives a System-generated “Notice of Electronic Filing.” The “Notice
of Electronic Filing” will state the official date and time of the filing.
B. DOCUMENTS REQUIRING LEAVE TO FILE
When a document requires leave of court to be filed (other than documents to be
filed under seal and ex parte), the attorney of record should electronically file a motion for
leave, and submit the document requiring leave as an attachment to the motion. If the Court
grants the motion, the Clerk will detach and file the document. For instructions concerning
the filing of documents under seal or ex parte, see Section VI of this Manual.
C. COMPLAINTS
With the exception of Qui Tam (False Claims Act) complaints, civil cases
may be filed through ECF by an attorney of record as long as that attorney meets the following
requirements:
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• The attorney must be a member of the bar of this Court, have been
previously admitted Pro Hac Vice in another case and must file with the
complaint a Verified Pro Hac Vice Motion (See Local Rule 12.01 for
requirements) and pay the Pro Hac Vice fee, have been granted a
government attorney of record limited admission to this Court, or be filing a
miscellaneous case.
• The attorney must have a valid credit card, debit card, or ACH draft for the
payment of fees, or file a Motion to Proceed Without Prepayment.
Attorneys who wish to appear as co-counsel with the filing attorney of record must file
a separate Entry of Appearance. Filing and Entry of Appearance on behalf of another
attorney is prohibited.
The documents required for filing all new civil actions are as follows:
• Complaint
• Civil Cover Sheet
• Original Filing Form
• Disclosure of Organizational Interests Certificate (if the plaintiff is a
corporation, LLC, or LLP)
• Service documents (i.e., summons or waiver of service of
summons forms – see Fed.R.Civ.P. 4)
• Notice of Process Server form (if service is to be effected by
summons on a defendant who is not a government agency)
• Verified Motion for Pro Hac Vice and Fee (if applicable)
• Motion for Temporary Restraining Order and Notice Requesting
Hearing on Temporary Restraining Order (if applicable)
When opening a case through ECF, the attorney of record will enter the data
required on the Civil Cover Sheet, then enter the parties as they appear on the Complaint.
(See Civil Case Opening written instructions at https://www.moed.uscourts.gov/cmecf-
training. When all parties have been entered, the Complaint may then be filed.
Attachments to the Complaint must include any exhibits (labeled with both the exhibit
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designation and a brief description of the exhibit; see Section II.F., infra), the Civil Cover
Sheet, the
Original Filing Form and the completed service documents.
All documents must be converted to PDF format and should not be over 35
megabytes. If any document is over 35 megabytes, it must be divided into segments and
filed separately, each segment to be appropriately identified as related, e.g., “Ex. 1A – May
2016 Agreement (Part 1),” “Ex. 1B – May 2016 Agreement (Part 2).” After the Complaint
and all attachments have been uploaded, the Pay.gov screen will appear and payment
information is entered at this time. The complaint is not filed until the filing party receives
the system generated “Notice of Electronic Filing.” If the payment is made and the docket
transaction is not completed, a duplicate payment may be charged to the filer’s credit
card.
The Clerk’s Office will be electronically notified when the case is filed, and will review
the filing for errors or omissions, assign a judge and issue service. The attorney for
Plaintiff will be electronically notified of the judge assignment. If the selected method of
service is summons, the summons will be electronically signed and sealed and returned to
the plaintiff’s attorney by email.
D. NOTICES OF REMOVAL
Cases being removed from the state court to this Court may be filed through ECF
by an attorney of record as long as that attorney meets the following requirements:
• The attorney must be a member of the bar of this Court or have been
previously admitted Pro Hac Vice in another case and must file with the
removal a Verified Motion for Pro Hac Vice (see Local Rule
12.01 for requirements) and pay the Pro Hac Vice fee, or have been granted
a government counsel limited admission to this Court (see S e c t i o n I. B.,
supra).
• The attorney must have a valid credit card, debit card, or ACH draft for the
payment of fees, or file a Motion to Proceed Without Prepayment.
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All counsel listed as same on the state court docket sheet will be added to the Eastern
District case. Attorneys not listed on the state court docket sheet wishing to appear as co-
counsel of record must file a separate Entry of Appearance. Filing an Entry of Appearance
on behalf of another attorney is prohibited.
When removing a case through ECF, the attorney of record will enter the data
required on the Civil Cover Sheet, then enter the parties as they appear on the state court
Complaint, beginning with the party(ies) the attorney represents. (See Civil
Case Opening Instructions, https://www.moed.uscourts.gov/cmecf-training). When
all parties have been entered, the Notice of Removal may then be filed.
Attachments to the Notice of Removal should include a copy of the complete state
court case, the current state court docket sheet, the Civil Cover Sheet, and the Original
Filing Form. If any document is over 35 megabytes, it must be divided into segments and
filed separately, each segment to be appropriately identified as related, e.g., “Ex. 1A – May
2016 Agreement (Part 1),” “Ex. 1B – May 2016 Agreement (Part 2).”
After the Notice of Removal and all attachments have been uploaded, the
Pay.Gov screen will appear and payment information is entered at this time. The Notice of
Removal is not filed until the filing party receives the system-generated “Notice of
Electronic Filing.” If the payment is made and the docket transaction is not completed, a
duplicate payment may be charged to the filer’s credit card.
The Clerk’s Office will be electronically notified when the case is filed and will
review the filing for errors or omissions and assign a judge. The attorney of record will be
electronically notified of the judge assignment.
The documents required for filing all Notices of Removal are as follows:
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• Notice of Removal
• Civil Cover Sheet
• Original Filing Form
• Disclosure of Organizational Interests Certificate (if the filing
party is a corporation, LLC, or LLP)
• Verified Motion for Pro Hac Vice and Fee (if applicable)
• Notice to Plaintiff
• Notice to State Court
• Copy of the complete state court file including summons, return of
summons (if any) for all defendants, and a current state court docket
sheet.
Within three business days of filing the notice of removal, the attorney will file
through ECF the Notice to State Court that has been acknowledged by the Clerk of the
State Court.
E. SUMMONSES
Fed.R.Civ.P. 4 does not permit electronic service of the complaint and summons or
waiver of service in non-Social Security cases. A summons submitted by a filing party will be
electronically signed and sealed by the Clerk and returned to the filing party by email.
Pursuant to this Court’s Administrative Order AORD-63, in civil actions under the Social
Security Act brought by an individual plaintiff seeking district court review of a final
administrative decision of the Commissioner of Social Security, service shall be effectuated
upon the Commissioner of Social Security by electronically serving it on the Social Security
Administration’s Office of the General Counsel and the United States Attorney’s Office for the
Eastern District of Missouri when the complaint is filed via the Court’s CM/ECF system (see
Administrative Order AORD-63 https://www.moed.uscourts.gov/administrative-orders ).
F. EXHIBITS
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Each exhibit is to be filed as a separate PDF attachment. Each such attachment
must be identified by a name that includes both the exhibit designation and a brief
description of the exhibit, for example:
Ex. 1 - May 2016 Agreement
Ex. A - Affidavit of Michael Smith
The System will reject any PDF file in excess of 35 megabytes. Therefore, larger
documents must be divided into segments and filed as separate attachments,
each attachment to be appropriately identified as related, e . g. , “Ex. 1A -- May
2016 Agreement (Part 1),” “Ex. 1B - May 2016 Agreement (Part 2),” “Ex. B1 - Affidavit
of Michael Smith (Part 1),” “Ex. B2 - Affidavit of Michael Smith (Part 2).”
If these requirements cannot be met, the Clerk may permit an oversized exhibit to be
filed in paper format along with a Notice of Exhibit Filing (see Appendix A). The Notice of
Exhibit Filing must be filed electronically as an attachment to the primary filing. A paper copy
of the Notice of Exhibit Filing must be served and filed with the paper exhibits.
In addition to the foregoing, a judge may require a paper courtesy copy of exhibits in
some instances; check the Case Management Order and/or the “Judges’ Contact
Information and Requirements” section of the Court’s website,
https://www.moed.uscourts.gov/judges-contact-information-and-requirements for this
information.
All documents should be scanned at 300 dpi before being uploaded to the System.
The filing party is required to verify the legibility of scanned documents before filing them
electronically with the Court.
G. SERVICE UNDER FED.R.CIV.P. 5
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Whenever a document is filed electronically, the System will generate a “Notice of
Electronic Filing” to the filing party and to any other party to the action who is a registered
user. If the recipient is a registered user, the System’s emailing of the “Notice of
Electronic Filing” will constitute service pursuant to Fed.R.Civ.P. 5. No certificate of
service is required when a public paper is served by filing it with the Court’s
electronic filing system. An unrepresented party who is not a registered user is entitled
to service of a paper copy of any electronically filed documents. A paper copy for service
should be generated from the PDF version of the document to preserve uniform
pagination. A certificate of service will reflect that service was made by means other
than the Court’s electronic filing system. A sample certificate of service is at
Appendix B.
Note: An attorney filing a sealed motion or sealed document must serve
opposing counsel and any pro se parties by means other than CM/ECF as no
service of sealed filings occurs by CM/ECF. See Section VI of this Manual for filing
instructions for sealed motions and sealed documents.
H. SIGNATURES
Every document filed electronically shall include a self-represented party or attorney
signature block and an original or representation of the filing party or attorney’s signature.
To represent the signature on the document, use the following format for the signature
block:
/s/ Judith Attorney
Judith Attorney #12345(MO)
Attorney for (Plaintiff/Defendant) ABC
Law Firm
123 South Street
St. Louis, Missouri 63102 Telephone:
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(314) 977-4567
Fax: (314) 977-4567
Email:
[email protected]
Alternatively, a facsimile signature of the filing attorney can be used. Documents without
the filing party or attorney’s signature may be ordered stricken by the Court.
The use of an attorney’s e-filing login and password to file a document constitutes
the signature of that attorney on that document for purposes of Fed.R.Civ.P.11. The login
and password issued to an individual attorney may be used only to file documents
on behalf of that attorney. For a document filed in paper format, only an attorney whose
original signature appears on the document will be entered as an attorney of record. For
an electronic filing, only the attorney whose login and password are used to file the
document will be entered as an attorney of record. Additional attorneys who wish to
appear of record must enter their appearances separately using their own PACER
logins and passwords.
The electronic filing of pre-existing documents, not created for the litigation, requires no
verification as to signatures (e.g., a contract that is a subject of litigation). When a
document to be electronically filed has been created for the litigation, but is signed by other than
the filing attorney (e.g., an affidavit), the document must be physically signed, and the paper
copy bearing the original signature(s) must be retained by the filing attorney during the
pendency of the litigation including all possible appeals. The electronic filing of such a
document with a blank signature line must be accompanied by a verification in which the filing
attorney attests to the existence of the signed original. A sample of the required
verification form is at Appendix C.
I. ORDERS
All orders will be electronically filed. An electronically signed order has the same
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force and effect as if the judge had affixed his/her signature to a paper copy of the order. A
judge’s electronic signature may take one of two forms: (1) “/s/” followed by the judge’s
typed name; or (2) a facsimile signature having the appearance of the judge’s handwritten
signature. The Clerk’s Office will mail paper copies of an electronically filed order to a party
who is not a registered participant of the System.
J. PROPOSED ORDERS
Any proposed order or proposed judgment should be filed electronically as a pdf
attachment to the motion or memorandum to which it pertains. Additionally, the presiding
judge’s chambers may require that a courtesy copy of the proposed order or judgment be sent
to the Court in a word processing format as outlined in that Judge’s Requirements page found
on the Court’s website.
The subject line of a proposed order e-mail should state the case name and
number (including the judge’s initials) and the document to which it pertains:
Example - Subject: Smith v. U.S., 4:16cv3000-CDP proposed default
judgment
It is generally not necessary to submit proposed orders for informal matters such
as motions for extension of time, or for leave to file in excess of the page limitation.
Proposed orders or judgments should be filed for documents that involve substantive relief
or may require modification by the Court, including but not limited to: protective orders,
orders amending case management orders, orders dismissing parties or claims, orders
approving settlements involving minors, orders confirming sales or approving the distribution
of proceeds, default judgments, and consent judgments.
K. CORRECTING DOCKET ENTRY ERRORS
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Once a document is submitted it becomes part of the Court file, and corrections can
be made only by the Clerk’s Office. The System will not permit the filing party to make
changes to the document(s) or docket entry once a document has been filed. The filing party
should not attempt to refile the document. As soon as possible after an error is discovered,
the filing party should contact the assigned judge’s case management team. Errors include
posting the wrong PDF file to a docket entry, selecting the wrong document type from the
menu, or entering the wrong case number. The filing party will be advised what corrective
steps need to be taken, and should not attempt to refile the document unless instructed to
do so.
L. TECHNICAL FAILURES
If technical failure of the System prevents timely electronic filing of any document,
the filing party may seek relief from the Court. Problems on the filer’s end, such as phone
line problems, problems with the filer’s Internet Service Provider or hardware or software
problems, will not constitute a technical failure under these procedures nor excuse an
untimely filing. A filer who cannot file a document electronically because of a problem on
the filer’s end may use the public computer facilities in the Clerk’s Office to upload the
document to the System.
M. PRIVACY AND REQUIRED REDACTION
In compliance with Fed.R.Civ.P. 5.2 and Local Rule 2.17, and in order to promote
electronic access to case files while also protecting personal privacy and other legitimate
interests, parties will refrain from including, or will partially redact where inclusion is
necessary, the following personal identifiers:
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a. Social security and tax identification numbers. Include only the last
four digits.
b. Names of minor children. Include only the minor’s initials.
c. Dates of birth. Include only the year.
d. Financial account numbers. Include only the last four digits of the
account number.
e. Home Addresses. The home address of a non-party should not
appear in any filing. If it must be included, list only the city and state.
N. NOTICE REGARDING MAGISTRATE JUDGE JURISDICTION
Pursuant to Fed.R.Civ.P. 73(b)(1), parties in cases assigned to a Magistrate Judge
must file a Notice Regarding Magistrate Judge Jurisdiction (For Attorneys Only). The form
for pro se litigants can be found at Notice Regarding Magistrate Judge Jurisdiction (For Pro
Se Party Only). If all parties consent to the jurisdiction of the Magistrate Judge, the Clerk’s
Office will docket all consent forms which will then become public documents.
III. FILING OF DOCUMENTS IN PAPER FORMAT
A. PRO SE LITIGANTS
Pro se litigants are exempt from electronic case filing. Pro se litigants can submit
documents for filing in paper format. The Clerk’s Office will convert all pro se documents
into electronic format for filing and will retain the paper documents in chronological order.
Pro se litigants can also send filings via email to
[email protected].
All filings sent via email must be attached as PDF documents. The Court cannot open
shared links such as Dropbox or Google Drive or accept jpeg images or any other
attachments that are not PDFs. All documents submitted in an existing case should
include the case number in the subject line of the email. New cases filed electronically
should contain the subject line ‘New Case.’ All emails to the Court must contain a
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document to be filed. The MOED_SRL_ Filings email is not intended for asking
questions or corresponding with the Court. All filings must comply with the Eastern
District of Missouri’s Local Rules and the Federal Rules of Civil or Criminal Procedure.
Non-prisoner pro se litigants may request to receive electronic notice of filed
documents. See
Notice to Self-Represented Non-Prisoner Parties re: Electronic Noticing.
B. SOCIAL SECURITY CASES
Social Security appeals will be electronically filed, including the Administrative
Record. To address the privacy issues inherent in a Social Security review, electronic public
access to the individual documents will be limited to attorneys of record and court staff.
Docket sheets, however, will be available by electronic public access to non-parties. Non-
parties will continue to have direct access to the documents on file at the Clerk’s Office.
C. HABEAS CORPUS CASES - STATE COURT RECORD
If the state court record required by Rule 5 of the Rules Governing 2254 cases totals
500 pages or less, it must be electronically filed. If the state court record exceeds 500 pages,
it may be filed in paper format.
D. QUI TAM (FALSE CLAIMSACT) CASES
All Qui Tam complaints must be filed in paper format by mail or in person.
E. OTHER DOCUMENTS
The Court or Clerk may also authorize the filing of other documents in paper format.
F. EXHIBITS FILED IN PAPER FORMAT PURSUANT TO SECTIONS C AND E
If any exhibits or attachments to an electronic document are filed in paper format
pursuant to Sections C or E above, a Notice of Exhibit Filing is required. Notice of Exhibit
Filing forms are available on the Court’s website and a sample form is
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at Appendix A. The Notice of Exhibit Filing must be filed electronically as the first
attachment to the primary filing. A paper copy of the Notice of Exhibit Filing must be
served and filed with the paper exhibits. If an exhibit is in video or audio format (i.e.,
CD/DVD or USB drive), a Notice of Exhibit Filing should be filed in ECF and the video/audio
file should be delivered to the Clerk’s Office in person or by mail/delivery service.
IV. DOCUMENTS FILED IN CRIMINAL CASES
Filings in criminal cases include standard forms for which case-specific information is
entered, documents created for signature by someone other than the filing attorney,
documents submitted under seal, and documents signed by the defendant after arrest. In
addition, throughout the post-indictment stage motions and pleadings are created
electronically for filing in the case. The method and manner of filing in criminal cases will
vary depending on the type of document being submitted. For each of the categories of
documents described below, the following filing procedures will govern unless a judge
orders otherwise:
A. COMPLAINTS, INDICTMENTS AND INFORMATIONS
Complaints, indictments and informations will be filed by the government in paper
format, and the Court will scan them for permanent electronic storage. The paper filings
will be retained in a master chronological file, but the electronic version will serve as the
official record. Documents accompanying a charging instrument, such as motions for
detention, arrest warrants, entries of appearance and motions to seal may be filed in paper
format, but those will be discarded after scanning by the Court. The government will
provide courtesy copies of indictments to Magistrate Judges’ chambers.
B. INITIAL APPEARANCE DOCUMENTS
Documents created in connection with a defendant’s initial appearance under
17
Fed.R.Crim.P. 5 may be filed in paper format and will then be scanned by the Court. The
paper will not be retained. A financial affidavit signed by the defendant will be scanned and
filed electronically and the paper version discarded.
C. BOND DOCUMENTS
Bond orders and conditions of release will be signed by a defendant in open court.
Agreements to forfeit property requiring signatures of property owners w ill be signed in
paper format. All such documents containing original signatures w i l l be scanned by the
Court and filed in the case electronically. Paper documents may be discarded, except
that the Court may retain attachments to bond documents such as deeds and tax records in
chambers.
D. HEARING EXHIBITS
Parties offering affidavits or other documentary evidence at hearings before a United
States Magistrate Judge will provide only paper copies, which will be scanned for filing in
electronic format. The admitted copies will be discarded. The offering party will retain any
document bearing an original signature. Exhibits that cannot be scanned will be retained
by the Court.
E. OTHER DOCUMENTS
Any other document existing only in paper format in a criminal case will be
scanned and filed in the record electronically and may thereafter be discarded. All
documents filed in a criminal case will be created and filed electronically except as provided
above or as ordered by a judge.
V. PUBLIC ACCESS TO THE SYSTEM
A. PUBLIC ACCESS AT THE COURT
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Access to the electronic docket and to documents filed in the System is available to
the public at no charge at the Clerk’s Office during regular business hours. Copies are
available for a fee.
B. ELECTRONIC PUBLIC ACCESS
Only PACER (Public Access to Court Electronic Records) subscribers have remote
access to the System. Parties’ initial access to a document filed electronically is free of
charge. Parties are encouraged to download or print the filed document when it is initially
accessed by the Notice of Electronic Filing generated by the System. If parties remotely
access the document again, they will be charged a fee of ten cents per page, up to a
maximum of $3.00 per document. Each attachment in CM/ECF is considered a separate
document. Therefore, the cap will apply separately to each attachment over 30 pages. The
cap of $3.00 does not apply to transcripts of federal court proceedings. All questions
regarding PACER fees, including those pertaining to the “free look” for a party, should be
directed to the PACER Service Center at (800) 676-6856 or
[email protected].
VI. SEALED AND EX PARTE DOCUMENTS
A. BACKGROUND
Attorneys can electronically file (1) sealed motions and documents, and (2) ex parte
motions and documents. The filing attorney, attorneys of record and PACER users will be
able to view ONLY the document number and the docket entry of sealed motions or
documents. Only the filing attorney will be able to view ex parte docket entries and
numbers. Opposing counsel and PACER users cannot see any ex parte
docket entry or the document number.
B. SEALED MOTIONS AND DOCUMENTS
Filing sealed motions and documents must be filed pursuant to Local Rule 13.05.
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Follow these steps for filing sealed materials:
Movant must file an unsealed motion for sealing (docketing event can be found under Motions
and Related Filings - Motions – Leave to File Under Seal) or an unsealed motion for continued
sealing (docketing event can be found under Motions and Related Filings - Motions – Motion
for Continued Sealing). The sealed document SHOULD NOT be attached to this docket entry.
Note: Movant may include in this document a certification that opposing counsel/parties do not
object to the motion for leave to file under seal. If such certification is included, it is not
necessary to file responses and replies to the motion.
Movant must file a sealed memorandum in support of motion for leave to file sealed
document(s) or for continued sealing stating the specific legal and factual reasons justifying
the sealing, with or without sworn factual declarations or affidavits, and must state whether
any producing non-party* has been served with notice of the motion and whether such
producing non-party does or does not object to the sealing (docketing event can be found
under Motions and Related Filings – Memoranda, Responses and Replies – Sealed Memo in
Support of Motion for Leave to File Under Seal). The proposed sealed document should be
filed as an attachment to this sealed memorandum. Note: The sealed memorandum may
include the reasons for the inability to file a redacted copy within three (3) business days (see
#3 below).
Within three (3) business days from the filing of the motion to seal or the motion for continued
sealing, movant must file in the public record either a redacted copy of the subject
document(s) (docketing event can be found under Motions and Related Filings - Memoranda,
Responses and Replies – Redacted Document) or a sealed memorandum explaining the
specific reasons for the failure or inability to file a redacted document (docketing event can be
20
found under Motions and Related Filings - Memoranda, Responses and Replies – Sealed
Memo re: Inability to File Redacted Document).
Within seven (7) days from the filing of the motion for sealing or for continued sealing, a party
or non-party** may file a memorandum opposing sealing which may be filed in the public
record or under seal (docketing events can be found under Motions and Related Filings –
Memoranda, Responses and Replies – Response to Motion (for an unsealed response) or
Response to Motion (SEALED) for a sealed response). Any memorandum must state whether
such non-party does or does not object to the sealing.
Within seven (7) days from the filing of any memorandum opposing sealing or for continued
sealing, movant may file a reply supporting sealing which may be filed in the public record or
under seal (docketing events can be found under Motions and Related Filings – Memoranda,
Responses and Replies – Reply to Motion (for an unsealed reply) or Reply to Motion
(SEALED) (for a sealed reply)). Any memorandum must state whether such non-party does or
does not object to the sealing.
The Court will rule the motion for sealing or for continued sealing and a public entry will be
made in the case stating generally that the motion has been granted or denied. Any order
denying a motion to seal or for continued sealing will be stayed for a period of 14 days during
which an appropriate appeal from the order may be filed. If an appeal is filed, the order will
remain stayed until the appeal is determined and, if the order is affirmed, the order will remain
stayed for an additional 14 days after entry of the appellate ruling during which all or part of
the material filed under seal may be withdrawn before it becomes a part of the public record
(docketing event can be found under Motions and Related Filings – Motions – Withdraw
21
Sealed Document). Note: No sealed documents will be unsealed by the Clerk of Court without
an order from the Court.
Not less than 30 days after the conclusion of a civil action or after receipt of a mandate from
the Court of Appeals, movant may file either a motion requesting that documents previously
filed under seal be unsealed and made a part of the public record (docketing event can be
found under Motions and Related Filings – Motions – Unseal Document), a motion for
continued sealing (docketing event can be found under Motions and Related Filings - Motions
– Motion for Continued Sealing), or a motion to withdraw sealed document (docketing event
can be found under Motions and Related Filings – Motions – Withdraw Sealed Document).
Unless otherwise ordered by the Court, all documents previously filed in a civil action will
remain sealed by the Clerk of Court for 90 days following final disposition of the litigation. After
90 days, any sealed documents will be unsealed by Order of the Court unless a motion for
continued sealing or a motion to withdraw sealed document has been filed and ruled.
*Producing non-party – A producing non-party is a person or organization that is not a named
party in the case but is the source of material a party seeks to file under seal.
**In criminal cases, a non-party who wishes to file a memorandum opposing the seal must first
contact the U.S. District Court Clerk’s Office at 314-244-7900 to be added to the case as a
movant.
1. Electronic Notice and Access to Sealed Filings
Electronic notice of the filing of a sealed motion or document goes ONLY to the attorneys of
record and indicates the document number; however, the sealed motion or document IS NOT
accessible from the Notice of Electronic Filing (NEF). The docket entry appears for Court
22
users and all attorneys of record active in the case. The docket text will read “SEALED
MOTION” or “SEALED DOCUMENT.” ONLY court users CAN ACCESS OR VIEW sealed
motions or documents from the System.
2. Service of Sealed Filings
The attorney filing the sealed motion or sealed document will have to serve opposing
counsel by other means as service will not occur by the CM/ECF System, as no service of
sealed filings occurs via the Court’s electronic filing system. The sealed paper shall include
a certificate of service reflecting the means by which service was made.
C. SEALED ORDERS AND MINUTE ENTRIES
Parties and attorneys will receive electronic notice of a sealed order or sealed
courtroom entry unless the entire entry is sealed. Case participants in civil cases and
applicable parties in criminal cases will be able to access a sealed order or minute sheet
from the docket sheet or notice of electronic filing.
D. EX PARTE MOTIONS AND DOCUMENTS
An attorney wishing to file an ex parte motion or ex parte document must use the ECF
filing events Motion > Ex Parte Motion or Other Documents > Ex Parte Document. Ex parte
documents in support of an ex parte motion, such as an affidavit or brief in support of a
motion, should be attached to the motion.
D O N O T U S E the sealed motion or sealed document event to file ex parte
matters, as all case participants have access to the docket entries for sealed motions
and documents.
Electronic notice of an ex parte motion or document is ONLY sent to the filing attorney
and indicates the document number. The docket entry and document number can ONLY be
accessed and viewed by court users and the filing attorney. The docket text will read “(Ex
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Parte) MOTION,” and “(Ex Parte) DOCUMENT” and can only be viewed by court users and
the filing attorney. Opposing counsel and PACER users cannot see any ex parte docket
entry or the document number.
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APPENDIX A
SAMPLE FORMAT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION
, )
)
Plaintiff(s), )
)
vs. ) Case No.
)
, )
)
Defendant(s). )
NOTICE OF EXHIBIT FILING
Exhibit to
(title of document)
will be filed with the Clerk’s Office in paper format.
I certify that within 24 hours of the filing of this Notice, I will file and serve
paper copies of the document identified above.
Date Attorney’s Name and Bar Number
Attorney for Plaintiff/Defendant
Law Firm Name
Law Firm Address
Law Firm Telephone Number
APPENDIX B
SAMPLE FORMAT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION
, )
)
Plaintiff(s), )
)
vs. ) Case No.
)
, )
)
Defendant(s). )
SAMPLE FORMATS - CERTIFICATE OF SERVICE
I hereby certify that on (Date) , the
foregoing was mailed by United States Postal Service to the following non-participants in
Electronic Case Filing: .
I hereby certify that on (Date) , the foregoing was mailed by United States Postal
Service/hand-delivered/sent by email to all counsel of record and to the following non-
participants in ECF: .
Date Attorney’s Name and Bar Number
Attorney for Plaintiff/Defendant
Law Firm Name
Law Firm Address
Law Firm Telephone Number
APPENDIX C
SAMPLE FORMAT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION
, )
)
Plaintiff(s), )
)
vs. ) Case No.
)
, )
)
Defendant(s). )
VERIFICATION OF SIGNED ORIGINAL DOCUMENT
Pursuant to Local Rule 11-2.11, (Attorney for Plaintiff or Defendant) hereby
attests to the existence of a paper copy of bearing the original
signature(s) of . The document was filed electronically on
with a blank signature line. Counsel will retain
the paper copy bearing the original signature(s) during the pendency of the litigation
including all possible appeals.
Date Attorney’s Name and Bar Number
Attorney for Plaintiff/Defendant
Law Firm Name
Law Firm Address
Law Firm Telephone Number
