CM/ECF USER’S GUIDE
FOR FILING IN THE
DISTRICT OF MONTANA
UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
Note: While this document references many Local Rules, it is not intended to substitute the
Local Rules. Parties filing in the District of Montana should be familiar with both the Local
Rules and this Guide.
September 2024
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TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................. 2
SECTION 1: INTRODUCTION ................................................................................................ 5
OVERVIEW ................................................................................................................................... 5
GLOSSARY OF TERMS................................................................................................................... 5
SYSTEM CAPABILITIES ................................................................................................................. 7
HARDWARE AND SOFTWARE REQUIREMENTS .............................................................................. 8
CLEARING YOUR CACHE .............................................................................................................. 8
FILING PARAMETERS ................................................................................................................... 8
SECTION 2: RESOURCES ........................................................................................................ 9
CM/ECF AND PACER ASSISTANCE ............................................................................................ 9
UPDATING YOUR PERSONAL INFORMATION OR ADDRESS ........................................................... 9
THE COURT’S WEBSITE ............................................................................................................. 10
SECTION 3: ATTORNEY ADMISSIONS ............................................................................. 11
ATTORNEYS SEEKING FULL ADMISSION TO PRACTICE IN THE DISTRICT OF MONTANA ............. 11
ATTORNEYS SEEKING PRO HAC VICE ADMISSION TO PRACTICE IN THE DISTRICT OF
MONTANA .................................................................................................................................. 19
SECTION 4: OBTAINING FILING ACCESS IN CM/ECF................................................. 23
INTRODUCTION .......................................................................................................................... 23
SELF-REPRESENTED PARTIES FILING OPTIONS .......................................................................... 25
ACCESSING CM/ECF ................................................................................................................. 26
SECTION 5: ELECTRONIC FILING PROTOCOLS .......................................................... 27
CREATING AND FILING DOCUMENTS .......................................................................................... 27
BROWSER “BACK” AND “FORWARD” BUTTONS ......................................................................... 31
HYPERLINKS (L.R. 1.5) .............................................................................................................. 31
THE COURT’S CASE NUMBERING SYSTEM ................................................................................. 31
PUBLIC ACCESS, PRIVACY, AND SEALING (L.R. 5.1) ................................................................. 32
VIEWING RESTRICTED DOCUMENTS .......................................................................................... 32
E-GOVERNMENT ACT OF 2002, F.R.CIV.P.5.2, F.R.CRIM.P. 49.1. ............................................ 33
REDACTION ................................................................................................................................ 34
SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS (L.R. 11.1).......................................... 34
SECTION 6: E-MAIL NOTIFICATION ................................................................................ 36
NOTICE OF ELECTRONIC FILING (NEF) ...................................................................................... 36
APPLYING FOR A MEDIA NOTICING ACCOUNT ........................................................................... 37
MANAGING YOUR E-MAIL ADDRESSES ...................................................................................... 38
ADDING CASES FOR NOTICING................................................................................................... 39
E-MAIL NOTIFICATION MESSAGE FAILURES .............................................................................. 39
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DISCONTINUING NEFS FOR A CASE ........................................................................................... 40
SECTION 7: EVENT SELECTION ........................................................................................ 41
EVENTS ...................................................................................................................................... 41
SEARCH FUNCTION .................................................................................................................... 42
SECTION 8: OPENING A CIVIL CASE ............................................................................... 43
REQUIRED DOCUMENTS ............................................................................................................. 43
USING THE SHELL CASE TO OPEN A CASE.................................................................................. 43
NOTICE OF REMOVAL (L.R. 3.3 ................................................................................................. 49
SOCIAL SECURITY CASES ........................................................................................................... 49
FILING WITH MOTION TO PROCEED IN FORMA PAUPERIS ........................................................... 50
COMPLAINTS FILED WITHOUT USING THE SHELL CASE ............................................................... 50
PATENT, TRADEMARK, AND COPYRIGHT CASES, L.R. 3.1(B) ..................................................... 50
CORPORATE DISCLOSURE STATEMENTS .................................................................................... 50
NOTICE OF INTERESTED PARTIES ............................................................................................... 51
SECTION 9: SERVICE OF PROCESS .................................................................................. 52
INTRODUCTION .......................................................................................................................... 52
REGULAR CIVIL CASES .............................................................................................................. 52
SECTION 10: ANSWERS TO COMPLAINTS ..................................................................... 54
FIRST APPEARANCE BY AN ATTORNEY ...................................................................................... 54
ANSWERS TO COMPLAINTS ........................................................................................................ 54
OTHER ANSWERS ....................................................................................................................... 55
SECTION 11: MOTIONS ......................................................................................................... 56
OVERVIEW ................................................................................................................................. 56
MOTIONS ................................................................................................................................... 56
BRIEFS AND EXHIBITS ................................................................................................................ 60
RESPONSES AND REPLIES ........................................................................................................... 61
SECTION 12: OTHER FILINGS ............................................................................................ 63
OVERVIEW ................................................................................................................................. 63
AMENDED PLEADINGS (L.R. 15.1) ............................................................................................. 63
APPEAL DOCUMENTS ................................................................................................................. 63
BILL OF COSTS ........................................................................................................................... 63
CONSENT TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE (L.R. 73) ...................................... 64
CONSOLIDATED CASES .............................................................................................................. 65
DEPOSIT OR DISPERSE REGISTRY OR INTERPLEADER FUNDS ..................................................... 65
DISCOVERY (L.R. 26.2) ............................................................................................................. 66
EXHIBITS .................................................................................................................................... 66
NOTICES..................................................................................................................................... 67
ORDERS ..................................................................................................................................... 67
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OTHER DOCUMENTS .................................................................................................................. 68
PLEA AGREEMENTS ................................................................................................................... 68
SENTENCING LETTERS ............................................................................................................... 68
SOCIAL SECURITY ADMINISTRATIVE RECORDS ......................................................................... 68
TRIAL DOCUMENTS .................................................................................................................... 68
WITHDRAWAL & SUBSTITUTION OF ATTORNEY ........................................................................ 68
SECTION 13: FILING IN A MULTI-DEFENDANT CASE ................................................ 70
SECTION 14: COURT REPORTERS AND TRANSCRIPTS ............................................. 72
TRANSCRIPTS OF PROCEEDINGS ................................................................................................. 72
REDACTION OF PERSONAL IDENTIFIERS FROM TRANSCRIPTS OF PROCEEDINGS ......................... 73
SECTION 15: QUERIES AND REPORTS............................................................................. 74
CASE INFORMATION SOURCES ................................................................................................... 74
SEARCH GUIDELINES ................................................................................................................. 74
QUERY ....................................................................................................................................... 74
REPORTS .................................................................................................................................... 74
SECTION 16: UTILITIES ........................................................................................................ 77
UTILITIES ................................................................................................................................... 77
NON-ELECTRONIC FILING .......................................................................................................... 77
NONELECTRONIC SERVICE ......................................................................................................... 78
CORRECTION OF FILING OR DOCKETING ERRORS....................................................................... 78
COURT’S TECHNICAL FAILURES (L.R. 1.4(C)(4)(B)) ................................................................. 78
USER’S TECHNICAL FAILURES (L.R. 1.4(C)(4)(A)) .................................................................... 79
COMPUTING TIME (FED.R.CIV.P.6, AND FED.R.CRIM.P.45) ...................................................... 79
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Section 1: INTRODUCTION
Overview
• This guide provides basic instruction for using Case Management/Electronic Case Files
(CM/ECF) in the District of Montana. CM/ECF, in conjunction with Public Access to
Court Electronic Records (PACER), allows Registered Users to file, retrieve, and view
civil and criminal public documents.
• The United States District Courts initiated electronic filing in 1990. Information about
how to locate civil and criminal case information pre-dating 1990 may be found in
Section 12 of this guide.
Glossary of Terms
Term Description
Access Restricted to
Counsel of Record
Access that restricts document viewing to a case’s participants.
and Case
Participants
CM refers to the Case Management portion of the electronic filing
system used by the Clerk’s Office to maintain the electronic record.
CM/ECF
ECF is short for Electronic Case Files which refers to the Court’s
electronic filing system and the cases maintained therein.
The latest version of CM/ECF, which introduced Central Sign-on
CM/ECF NextGen
(CSO).
Central Sign-on, a NextGen module that allows public users to access
CSO
CM/ECF with their PACER credentials.
Venue codes assigned to the separate Divisional Offices of the Court.
See LR 1.2.
• Billings: 1
Division Codes • Butte: 2
• Great Falls: 4
• Helena: 6
• Missoula: 9
A pleading, order, or other document entered on the docket sheet. Each
entry includes a filing date, document number, and docket text.
Supplemental docket text supplied by a filer will appear in italicized
Docket Entry
text. Docket entries are created by users selecting events from the
available civil and criminal menus that most accurately describe the
proceeding being recorded or document being filed.
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The Court’s permanent record of case filings and proceedings is
referred to as the docket sheet. Docket sheet information for a case
Docket Sheet includes the names of the parties or litigants, attorney information, and
general statistical data. Docket sheets also contain a chronological list
of the pleadings and other documents filed in a case (docket entries).
Any pleading, motion, exhibit, declaration, affidavit, memorandum,
Document
paper, order, notice, or other filing made part of the Court’s record.
All documents must be e-filed using the appropriate event within
CM/ECF.
E-Filing
When given the option, the filer may add limited text to a docket entry
to supplement the title of the document.
Fed. R. Civ. P. Federal Rules of Civil Procedure
Fed. R. Crim. P. Federal Rules of Criminal Procedure
A list of services provided by the Court and the fees associated with
Fee Schedule
those services.
File Size Limitation The maximum upload size allowed for a single PDF, which is 200 MB.
Call the Help Desk for assistance 1-866-463-4052. The Help Desk is
Help Desk available from 8:00 a.m. to 5:00 pm., Monday through Friday,
excluding Federal holidays.
LR Local Rules of Civil Procedure
Notice of Electronic Filing (NEF) is an e-mail notice delivered to case
participants at the completion of filing. The notice is generated
automatically by the ECF system upon completion of an electronic
filing. The judge and all electronic users in the case will immediately
receive the NEF at their e-mail addresses.
The NEF will appear in your e-mail in-box from sender MT_CMECF
NEF
and the subject line will be AActivity in Case@ followed by the case
number and case name, e.g., Activity in Case 4:08-cv-8000, Jones v.
James. Do not delete these e-mails without reviewing them first.
If an NEF is received, single click on the document number to
download it. If you double click on the document number, PACER will
not allow free access.
Hard copy documents or other items that are submitted to the Clerk’s
Nonelectronic Filing Office for filing because the filer is not a registered CM/ECF filer, or
the document or item is unable to be scanned and filed electronically.
Mountain Time (MT) refers to all hours stated in this guide including
Mountain Time (MT)
Standard or Daylight Savings, whichever is applicable.
Public Access to Court Electronic Records (PACER) is an electronic
PACER public access gateway that allows anyone to obtain public case
information, including docket sheets and documents, from any federal
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court. Registration for a PACER account is free, but there may be a fee
associated with accessing case information.
Plaintiff(s), petitioner(s), defendant(s), respondents(s), or any other
Party
named participant in a case.
Portable Document Format (PDF) is the file format that is used to store
documents in CM/ECF. Allows anyone to open the converted
document across a broad range of hardware and software, with layout,
format, links, and images intact. CM/ECF will only accept PDF and
PDF
PDF/A documents.
Please call the CM/ECF Help Desk at (866) 463-4052 for assistance
with flattening a file.
An attorney or pro se litigant who has been granted e-filing privileges
Registered User
in CM/ECF.
Access to view a document available via PACER. Access to electronic
case files is available for all parties and the public at each divisional
Remote Public Access office of the Court (except Helena) during regular business hours. A
copy fee for reproduction of an electronic document will be charged in
accordance with the Fee Schedule.
Complaints and other initiating documents can be filed electronically
before a case is opened using the shell case. Filers can use the shell
case when e-filing any type of initiating document including complaints
and notices of removal. The shell cases for each division are as
follows:
Shell Case
(i) Billings: 1:08-CV-8000
(ii) Butte: 2:08-CV-8000
(iii) Great Falls: 4:08-CV-8000
(iv) Helena: 6:08-CV-8000
(v) Missoula: 9:08-CV-8000
Used to reference the Case Management Electronic Case Files
System
(CM/ECF) system adopted and implemented by the District Court.
System Capabilities
A Registered User with a web browser, word processing software, PDF creation software, and
access to the Internet will be able to use CM/ECF to perform the following functions:
• Electronically file documents;
• Receive notification of filings and orders made in cases in which the Registered User is a
participant;
• View official docket sheets and documents associated with any public case; and
• View various case-related reports.
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Hardware and Software Requirements
The following are the minimum requirements for using CM/ECF:
• A personal computer;
• A high-speed Internet connection (CM/ECF may “time out” during the filing process if
you’re filing large documents and your internet access is not fast enough);
• A compatible browser that supports 128-bit encryption and has JavaScript and cookies
enabled;
• A word processor that can create PDF files, such as Microsoft Word;
• Software and/or flatbed scanner to convert documents to PDF format;
• Software to read PDF documents;
• A valid, active e-mail account.
Note: Some versions of Safari make finding and uploading PDF files into CM/ECF difficult or
impossible. Apple users should use an alternative browser, such as Mozilla Firefox or Google
Chrome.
Clearing your Cache
Sometimes issues with filing in CM/ECF can be resolved by clearing your web browser’s cache,
cookies, and history. For more information follow this link.
Filing Parameters
• PDFs larger than 200 megabytes: CM/ECF will not accept PDFs larger than 200
megabytes. Documents larger than 200 megabytes must be split up into 200-megabyte
segments and e-filed as properly named attachments or as separate docket entries using
the “Notice of Filing Exhibits” event.
• Filings greater than 1 gigabyte: Docket entries (including the main document and any
attachments) greater than one gigabyte may be split into multiple docket entries using the
“Notice of Filing Exhibits” event. Alternatively, filings greater than 1 gigabyte may be
submitted to the Clerk’s Office on a USB drive in the division of venue.
• Filings with more than 20 exhibits: While there is no limit to the number of
exhibits/attachments which may be attached to a single docket entry, filing more than 20
exhibits/attachments to a single main document may cause the system to “time out”
during the filing process. Accordingly, exhibits may be split between multiple docket
entries using the “Notice of Filing Exhibits” event. Local Rule 7.2(a) also allows the
filing of a bookmarked PDF containing multiple exhibits. Bookmarks within any such
PDF must provide the exhibit number and a short description of the exhibit.
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Section 2: RESOURCES
CM/ECF and PACER Assistance
For assistance regarding electronic filing or to reset your CM/ECF username or password,
contact the Clerk’s Office’s Help Desk at 1-866-463-4052.
For assistance regarding the viewing of federal court case information or the recovery of login
credentials, contact the PACER Service Center at (800) 676-6856 (you will need to know your
account number) or visit the PACER Service Center website at pacer.uscourts.gov. PACER is
regulated in Washington, D.C. The District of Montana does not maintain PACER logins or
passwords.
Updating Your Personal Information or Address
To update your personal information, firm information, and/or mailing address, log into your
PACER account and click on Manage My Account.
Click on the Maintenance tab and select Update Address Information:
Update your information and check the box next to Montana District Court so the update will be
applied to our court.
Click Submit.
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The Court’s Website
The Court’s website contains information relating to the work of the Court, including Local
Rules, Standing Orders, Court policies, and Court contact information.
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Section 3: ATTORNEY ADMISSIONS
Attorneys Seeking Full Admission to Practice in the District
of Montana
On September 27, 2021, the United States District Court for the District of Montana upgraded to
the next generation of CM/ECF (NextGen CM/ECF). This upgrade allows attorneys to request
admission to this court’s bar and authorization to e-file online using PACER. To apply for
admission to this court’s bar, an attorney must be an active member in good standing of the
Montana State Bar and not subject to any pending administrative, disciplinary, suspension, or
disbarment order in any jurisdiction. Please complete the online application using PACER and
follow the instructions below. Before applying, attorneys must have an individual, upgraded
PACER account. (shared PACER accounts cannot be used for this process). If an individual
PACER account was created prior to August 2014, the account must be upgraded (see Upgrading
Your PACER Account for instructions).
After the court reviews your application and verifies your membership in the Montana State Bar,
an e-mail will be sent to you that will include a link to pay the admission fee. The admission fee
must be paid within 7 days from the date of the e-mail. If the fee is not timely paid, the
application will be denied and a new application will need to be submitted if you want to be a
member of this court’s bar.
Step Action
Go to PACER at https://pacer.uscourts.gov/. Click on the Manage MY Account link.
1
Click “Login to Mange My Account” & enter your PACER Username and Password.
Click Login.
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Click the Maintenance tab
2
Click the Attorney Admissions/ E-File Registration link
From the Court Type list, select U.S. District Courts. From the Court list, select
Montana District Court - Next Gen. Click Next.
3
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On the "WHAT WOULD YOU LIKE TO APPLY/REGISTER FOR" screen, click
the Attorney Admissions and E-File link.
4
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ATTORNEY BAR INFORMATION
On the "Attorney Bar Information" section: Select the appropriate check boxes to
indicate federal bar or state bar admissions, if applicable. To add additional bar
memberships, please click Add. If you are currently admitted to another NextGen
CM/ECF court, it is automatically listed by the system. However, if you are also admitted
to any courts that have not upgraded to NextGen CM/ECF, you will need to manually
enter this information.
5
A Sponsoring Attorney is not required. This section can be left blank.
6
Respond to each question and check the box acknowledging that you will be charged an
admission fee.
• Exception: Federal Attorneys (attorneys that are currently employed or retained by the
United States or the Federal Defenders of Montana) are exempt from paying the
admission fee.
7
All questions must be answered truthfully to the best of your knowledge. Answers may
8
be Yes or No, or you may provide an explanation when necessary. Click Next.
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Under the “Filer Information” section, review the information and make changes, if
necessary, and check the acknowledgment that you are submitting the e-filing registration
for an individual.
9
Optional: Enter the applicable information under Additional Filer Information. Do not
enter any information for the “Most Recent Case.”
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Delivery Method and Formatting refers to your method, frequency, and e-mail format
preferences for Notices of Electronic Filings (NEF) received from NextGen CM/ECF. If
you want your NextGen CM/ECF e-mails delivered to a different e-mail address other
than the one you have registered with PACER, enter that e-mail address here. You may
receive your NEFs either "Once per Day (Daily Summary)" or "At The Time of Filing
(One E-mail per Filing)." The most requested e-mail format is HTML, but you can select
Text, if you prefer. Click Next.
10
Payment Information: This screen is used to set up a payment account for PACER fees
that you may incur, it is optional. If you want to set up your PACER payment account at
this time, please click Add Credit Card or Add ACH Payment. Please note, this screen is
not used to pay any fees owing to the District of Montana.
**Note: if you are interested in central billing for multiple people with PACER accounts,
i.e. law firms, please refer to PACER Administrative Account User Manual.
12
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Click Submit.
IMPORTANT: After you submit your application, you will be required to pay your
admission fee online to the District of Montana using the link provided in an e-mail. You
will be required to log into PACER. It will ask for a Client Code, that can be left blank.
Additional instructions on how to pay the fee after you receive the link can be found
here.
ACKNOWLEDGEMENT OF E-FILING TERMS AND
CONDITIONS
After reading the “Attorney E-Filing Terms and Conditions” and the local court policies
and procedures, check the acknowledgment boxes. Click Submit.
13
14 Click Done
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Attorneys Seeking PRO HAC VICE Admission to Practice
in the District of Montana
Attorneys seeking pro hac vice admission to the District of Montana must:
• Obtain local counsel. Local counsel must:
o Be admitted to practice before this Court.
o Be registered to electronically file in the District of Montana CM/ECF database.
o Appear properly before the Court in the case.
• Have local counsel file a motion for leave to appear pro hac vice with an attached
affidavit that complies with the requirements set out in L.R. 83.1(d).
• Pay the PHV filing fee (see current fee schedule.)
• Request access to the District of Montana’s CM/ECF database through PACER.
Instructions can be found here: Pro Hac Vice Admissions.
• Please be sure to include the case number for the case in which you have been granted
leave to appear pro hac vice when prompted for “recent case.”
Note: A Certificate of Good Standing is not required for Pro Hac Vice appearance in the
District of Montana.
Pursuant to Local Rule 83.1, PHV attorneys are only allowed to file electronically in the case in
which they were granted leave to appear PHV.
Obtaining local counsel. Local counsel must:
1. Be admitted to practice before this Court.
2. Be registered to electronically file in the District of Montana CM/ECF database.
3. Have a physical office within the geographical boundaries of the District of Montana.
4. Appear properly before the Court in the case.
Requesting access to the District of Montana through PACER.
Step Action
1 • Navigate to: https://pacer.psc.uscourts.gov/pscof/login.xhtml
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• Enter your PACER Username and Password.
o Note: If you forgot your current PACER username or password, you may
request a reset from the Manage My Account page by selecting Forgot
Your Password? Or Forgot Username?
• Select the Maintenance tab.
• Select Attorney Admissions/E-File Registration
• Select U.S. District Courts under Court Type.
• Select Montana District Court under Court.
2
Note: If you do not see Montana District Court as an option, it means you are already
admitted and registered (or were registered) to file in our court. In that case, you may
skip to step 19.
Review the highlighted instructions, then select Pro Hac Vice.
3
• Select the e-filing acknowledgement under the Name sections.
4
• Verify/Enter your e-filing address.
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o Note: This address will appear on case dockets and will be used as the
service address for any document s needing to be serviced via traditional
means.
• Verify your phone number.
• Be sure to include the relevant case number in the Pro Hac Vice Case Number
field or your request may be rejected.
• Verify/Update all required fields (*) in the Delivery Method and Formatting
section.
- Note: The email address entered here is where all electronic notifications
5
will be sent when documents are filed in cases.
• Select Next.
-
• Select/Enter payment information. - You are not required to enter a payment
method. You may continue with your request and e-file with this court without
supplying a payment method.
o You may use the same payment method you use for PACER fees
(prepopulated by PACER) or you may enter a different payment method.
6 o If you are registering without a credit card, leave all fields blank and skip
to Step 15.
• Select Next.
o Note: You will not be charged by PACER. Local counsel will be charged
the Pro Hac Vice admission fee during the filing of the Motion for Leave
to Appear Pro Hac Vice.
• Review the E-filing Terms of Use, then select that you have read and agree to the
attorney e-filing terms and conditions.
7 • Review our local court policies and procedures, then select that you have
reviewed and agree to our local requirements. Click SUBMIT.
• Your Pro Hac Vice admission request has now been sent to the Court for review.
o Note: You are not yet granted leave to appear until:
8 You receive the approval/confirmation email from this Court that you
are approved to electronically file with this Court; and
The clerk dockets the order granting leave to appear Pro HacVice.
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File your notice of acknowledgment of pro hac vice order in a timely manner and add
yourself as an attorney in the case when docketing that acknowledgment. If your name
9
does not appear on the docket after completing these steps, please contact the clerk's
office.
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Section 4: OBTAINING FILING ACCESS
IN CM/ECF
Introduction
Only registered CM/ECF users are granted access to file in CM/ECF. All public users of
CM/ECF—including attorneys and self-represented parties who have been granted filing
privileges—must access CM/ECF using credentials for an upgraded individual PACER account.
YOU MUST HAVE THE FOLLOWING TO ELECTRONICALLY FILE IN NEXTGEN
• Individual PACER Account - If you do not have an individual PACER account, click
here for instructions on how to register.
• Upgraded PACER Account - If you already have an individual PACER account, you
must upgrade your account or verify that your account is already upgraded. Click here for
instructions.
• Linked CM/ECF and PACER Accounts - You must link you CM/ECF account to your
PACER account to be able to file electronically. Click here for instructions.
Individuals who were registered users of CM/ECF prior to September 27, 2021, and who have
not made any filings since before that date will be required to link an upgraded individual
PACER account with their existing CM/ECF user account. Attorneys admitted to the bar prior to
September 27, 2021, but who have never registered for a CM/ECF account should contact the
Court for assistance.
Submitting a Registration Request in PACER
All individuals seeking CM/ECF filing access, including attorneys and self-represented parties,
will be required to request access using an upgraded individual PACER account.
Step Action
Navigate to pacer.uscourts.gov. Mouse over the Manage Your Account panel
1 under What can we help you accomplish? and click on Manage My Account
Login.
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Click the Log in to Manage My Account button and log in with your upgraded
PACER credentials.
Click on the Maintenance tab.
• Select District for Court Type and Montana District Court for Court.
• Click Next.
Attorneys
Additional instructions on seeking admission to practice in the district can be
found on the Court’s website on the Attorney Admissions page.
• Select District for Court Type and Montana District Court for Court.
Pro Hac Vice
• Click Next.
Attorneys
• Click the Non-Attorney E-File Registration link. Select District for
Court Type and Montana District Court for Court.
• Click Next.
Self
• Click the E-File Registration Only button and follow the instructions.
Represented
Parties The request will be sent to the District of Montana, where generally it will be
processed within 24 hours. You may check the status of your request in
PACER by clicking the Check E-File Status link under the Maintenance tab.
Media Media Noticing Account
Accounts • Click the Non-Attorney E-File Registration link.
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• IMPORTANT: Type MEDIA or MEDIA ACCOUNT in the
Firm/Office Field.
• Select District for Court Type and Montana District Court for Court.
Click Next.
• Click the E-File Registration Only button and follow the instructions.
The request will be sent to the District of Montana, where generally it will be
processed within 24 hours. You may check the status of your request in
PACER by clicking the Check E-File Status link under the Maintenance tab.
Once an attorney or a self-represented litigant becomes a registered user in CM/ECF, they waive
the right to receive service of documents filed in the electronic record by any other means other
than electronic.
Self-Represented Parties Filing Options
Pro se litigants can file a complaint to initiate a new lawsuit in one of three ways:
• In Person: Documents may be delivered in person to the Clerk of Court’s office
in Billings, Butte, Great Falls, or Missoula. The Helena office does not accept
filings over the counter.
• By Mail: Documents may be mailed to the Clerk of Court’s office in the Billings,
Butte, Great Falls, Helena, or Missoula.
• Via Email: Initial pleadings (case filings and supporting documents) may be
emailed to
[email protected]. This includes new
complaints and motions to proceed in forma pauperis). NOTE - ANY
DOCUMENT SENT TO THIS EMAIL OTHER THAN INITIAL
PLEADINGS WILL NOT BE FILED.
Once a complaint has been filed, all documents must be submitted in person, through the mail, or
via the court’s electronic system. Once the filing fee has been paid or the court has granted
permission to proceed IFP, a pro se litigant may register to file documents electronically in
CM/ECF and receive and view via e-mail everything that is filed in the case. By registering for
electronic filing, pro se litigants waive their right to receive service of documents by first class
mail. The Clerk of Court reserves the right to revoke or suspend the electronic filing privilege of
any electronic filer who fails to comply with the Federal Rules of Civil Procedure, Local Rules,
and this Guide. The District of Montana Pro Se Filing Instructions provides step by step
instructions for filing through the Court’s electronic filing system.
Additional information for self-represented litigants is available on the Court’s website on the
Filing without an Attorney page.
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Accessing CM/ECF
CM/ECF can be accessed at public terminals in Clerk’s Office or via the Internet.
Public access at the Clerk’s Office
Access to the electronic record is available for all parties and the public at divisional offices in
Billings, Butte, Great Falls, and Missoula during regular business hours. A copy fee for an
electronic reproduction is required. Certified copies may also be purchased. The Court’s fee
schedule is available on the Court’s website.
Internet access to CM/ECF
Click on the E-Filing (CM/ECF) bar on the Court’s website or navigate to CM/ECF. Click on
the link: “District of Montana – Document Filing System” and the browser will be redirected to
PACER. Enter valid PACER credentials and a client code, if necessary. Successful logins will
be redirected back to CM/ECF.
The client code field is an optional field available on the login screen for PACER tracking
purposes. Any client code is entered for a transaction will be reflected on the billing statement
generated by the PACER Service Center.
Because CM/ECF is accessed with PACER credentials, user name and password maintenance
must be done through PACER’s lost username or lost password utilities or by contacting PACER
directly. The user’s e-mail address, in addition to either the account number or date of birth and
first and last names, are required to reset a username or password in PACER.
The Court is unable to reset a user’s PACER username and password.
Availability
CM/ECF is designed to provide service 24 hours per day, seven days per week.
Nonelectronic filing: The Clerk’s Office is open for nonelectronic filing Monday through
Friday, 8 a.m. to 5 p.m., except federal holidays.
Help Desk: The help desk is available Monday through Friday, excluding federal holidays, from
8:00 a.m. to 5:00 p.m. Parties are encouraged to e-file during those hours in the event assistance
is needed.
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Section 5: ELECTRONIC FILING
PROTOCOLS
Creating and Filing Documents
The standard format for electronically filed documents is Portable Document Format (PDF).
There are three primary methods for creating PDF documents: (1) saving a document as a PDF
directly from the word processing program, (2) printing a document to PDF, or (3) scanning
documents from paper into PDF.
Saving as PDF
Saving a document to PDF directly from your word-processing program is the preferred method
of creating PDFs. Most PDFs created this way are optimized and are text searchable.
Printing to PDF
In some instances, printing to PDF is preferable. This is the case for any PDF-fillable form or
for any PDF or document that contains scripts or code. NOTE: If CM/ECF blocks a PDF from
being uploaded, printing the file to PDF frequently solves the problem.
Scanning to PDF
Scanning a document creates an image, and, therefore, scanned documents are much larger than
documents saved directly to PDF.
If for any reason a document cannot be easily viewed after scanning and e-filing, the filing party
will be instructed to re-scan and e-file the document. If the issue cannot be resolved by re-
scanning, the party will be asked to physically submit the filing to the clerk’s office in the
division of venue within a specified period of time.
PDF Fillable Forms
DO NOT upload a PDF fillable form to CM/ECF. Instead, print or flatten the fillable PDF
before uploading it to CM/ECF so that the fields are removed. This ensures that the document
cannot be edited when downloaded. This process will also decrease the file size significantly.
Please call the CM/ECF Help Desk at (866) 463-4052 for assistance with flattening a file.
PDF/A
PDF/A is an International Standards Organization (ISO) standard document format. PDF/A
documents are self-contained and do not rely on or access information outside of the document
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itself to display the information contained within the document. Accordingly, the PDF document
appears, and will continue to appear, identical to the document from which it was created, no
matter where or when it is accessed. As a result, most PDF/A documents will have a slightly
larger file size.
The District of Montana does not currently require filings to be in PDF/A format.
File Size Limits
PDF files that exceed 200 MB will not be accepted by CM/ECF. Files that exceed this limit
must be broken down into smaller, separate files and uploaded as attachments to the main
document.
Filings greater than 1 gigabyte: Docket entries (including the main document and any
attachments) greater than one gigabyte may be physically submitted to the clerk’s office in the
division of venue or split into multiple docket entries using the “Notice of Filing Exhibits” event.
Uploading Documents
Step Screen
This is the document attachment screen, which is presented in all public-user events.
1
The main document should be the pleading. Right click Browse. . . to locate the document for
attachment.
A new window will open. Locate your pleading in the location where it has been saved.
2
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Prior to attachment, it is recommended that the PDF be reviewed to ensure it is accurate and is
the correct attachment. This can be done by right clicking on the PDF and selecting the Open
with Adobe option. The PDF will open on your screen for review. After confirming the PDF
is correct, click the X in the upper right corner of the PDF to close it
3
Make sure the correct document is highlighted, and then click Open to continue with
document attachment.
4
5
Attachments should also be uploaded at this time. Click Browse… to locate and confirm
your attachment as indicated above.
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6
Each attachment must be labeled with a Category from the drop-down menu OR a
Description in the free text field. It is not necessary to enter both a Category and Description.
7
The first attachment(s) should be any exhibit(s) to the pleading, such as the required state
court pleadings for a Notice of Removal. The next attachment should be the Civil Cover
Sheet (JS44). Civil Cover Sheet is a selection available in the Category drop-down menu.
The next attachments should be individual summons(es) for issuance. Multiple summons(es)
may be attached as a single PDF document.
When all documents have been added, click Next – Click here to advance to next screen to
continue.
NOTE: Attaching a PDF to the Attachment 1 option causes the Attachment 2 option to appear.
Repeat the attachment process as many times needed to attach all necessary documents. While
there is no limit to the number of exhibits/attachments which may be attached to a single docket
entry, filing more than 20 exhibits/attachments to a single main document may cause the system to
“time out” during the filing process. Accordingly, exhibits may be split between multiple docket
entries using the “Notice of Filing Exhibits” event. Local Rule 7.2(a) also allows the filing of a
bookmarked PDF containing multiple exhibits. Bookmarks within any such PDF must provide the
exhibit number and a short description of the exhibit.
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Browser “Back” and “Forward” Buttons
DO NOT USE the browser BACK and FORWARD buttons to navigate through CM/ECF. If an
event was selected in error or incorrect information was entered on a prior screen, navigate back
to the Civil or Criminal menu, and begin again.
Hyperlinks (L.R. 1.5)
• Hyperlinks to cited authority will be considered no more than a convenient mechanism
for accessing material cited in the document.
• The hyperlink will be extraneous and will not be considered a part of the Court’s record.
• Hyperlinks should not be used to circumvent word count limitations.
The Court’s Case Numbering System
Hundreds of cases are filed each year in the District of Montana, and CM/ECF assigns a unique
case number to each case when it is opened. The full case number will be formatted as follows:
• Division Code: For statistics tracking and case management purposes, each case number
includes a division code, which is the number before the colon. The following are the
division codes for the District of Montana:
o 1: Billings
o 2: Butte
o 4: Great Falls
o 6: Helena
o 9: Missoula
• Year Initiated: The number after the division code represents the year in which the case
was initiated.
• Case Type: The two-letter code after the hyphen refers to case type. There are several
case types, but most filers will see CV for a civil action or CR for a criminal case.
• Case Number: The next number is simply the next available number, starting at 1 and
counting up as far as required in a given year.
• Divisional Office Initial:
o BLG-Billings
o BU—Butte
o GF—Great Falls
o H—Helena
o M--Missoula
• Assigned Judge Initials: In cases where a presiding judge has been assigned, the
judge’s three letter initials will appear at the end of the case number. The presiding
judge’s initials may be followed by the three letter initials of the referral judge if the case
has been referred to a magistrate judge. The assigned judge code should be included in
the caption of any pleading filed in the case.
Example: 9:22-cv-00001-M-DLC-KLD
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Public Access, Privacy, and Sealing (L.R. 5.1)
Sealed Documents
Sealed documents are:
• Not available to the public.
• Always available to the Court.
• May be accessible to all parties or only to the filing party.
Ex Parte Documents
• Ex Parte documents are only accessible to the Court and counsel of record for the
filing party.
o An attorney who has access to view an ex parte or otherwise restricted
document or order, must complete the following steps when they receive an
NEF:
Click once on the docket number (NOT the case number) in the NEF.
Double clicking on the document number will prevent access to the
document and you will have to contact the Clerk’s Office for guidance.
A login screen will appear. Enter the login and password of the
counsel of record.
Viewing Restricted Documents
Introduction
Restricted documents are documents that are not remotely viewable by the public but may be
remotely viewable by counsel of record in a case. The most common examples of restricted
documents are social security case documents and various documents in criminal cases. Some
restricted documents are also viewable at the Clerk’s Office public terminals, such as documents
in social security cases.
Warning Screens
Not all restricted documents are viewable. Documents with the following warning screens may
be remotely viewable by certain users: ·
• Warning – This document is restricted to specific users. ·
• Warning – This document is restricted to court users and the applicable party. ·
• Warning – This document is restricted to court users, case participants, and public
terminal users.
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Notices of Electronic Filing (NEFs)
The restricted documents must be accessed via the NEF. The combination of the filing user’s
login and password verify that the individual trying to access the document remotely is
authorized to view the document remotely. Thus, restricted documents cannot be accessed
through PACER. A sealed document is not remotely viewable by anyone.
Steps to Remotely View a Restricted Document
Follow these steps to remotely view a restricted document:
1. Click on the document number in the NEF
2. Enter your PACER login and password when the login screen appears.
3. Click on the View Document button on the warning screen.
4. Save or print the document.
Note: You can view a document via the NEF only once. Once you have viewed the document
via the NEF, you will not be able to view it again. For example, the filing user may not be able
to view the document if someone else (i.e., any secondary e-mail addresses associated with the
filing user’s account) clicks on the NEF and attempts to view the document first because the
system believes that the one free look has been used.
E-Government Act of 2002, F.R.Civ.P.5.2, F.R.Crim.P. 49.1.
Parties must redact personal data identifiers from all documents filed with the Court, including
exhibits thereto, whether the document is made available electronically or only in paper, unless
otherwise ordered by the Court.
• Personal identifiers:
• Social Security Numbers redacted to the last four numbers: xxx-xx-5271.
• Tax-Payer Identification Numbers redacted to last four numbers: xx-xxxx4578.
• Names of minor children redacted to initials only.
• Dates of birth redacted to the year only: xx/xx/2001.
• Financial account numbers redacted to the last four digits of the account numbers:
xxxxxxxxxxxxxxxxxxx3567.
• Personal address redacted to the city and state in criminal cases only.
The responsibility for redacting these personal identifiers rests solely with counsel and the
parties. Personnel in the Clerk’s Office will not review each document for compliance with this
rule.
The following are not available for public access:
• Criminal summonses.
• Unexecuted criminal warrants.
• Pretrial bail reports and presentence investigation reports.
• The sentencing judge’s statement of reasons in a criminal judgment.
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• Juvenile records.
• Documents containing identifying information about jurors or potential jurors.
• Financial affidavits filed by persons seeking representation pursuant to the Criminal
Justice Act.
• Sealed documents, including but not limited to motions for subpoenas under
Fed.R.Crim.P. 17(b).
• Motions for downward departures for substantial assistance.
• Minutes and transcripts from sealed court proceedings.
• Transcripts of Voir Dire.
• Petitions for summons or warrant, until defendant appears on the petition.
• Grand jury matters, if ordered filed in a case.
• Supporting documentation relating to payment of Court appointed counsel or experts.
• Other documents or proceedings as provided by statute, rule, or policy.
For more information, see Privacy Policy for Electronic Case Files.
Redaction
Redaction, once a matter of drawing a heavy black line through the words on paper, has changed
with the electronic filing of documents. A black bar drawn over the text is no longer enough to
block it from view. In an electronic file, the obscured text still lurks beneath the highlighter box
and can be readily recalled. The text is hidden, not excised. One example of redaction prior to
creating a PDF is to replace numbers with X’s, i.e., Social Security numbers as xxx-xx-5325,
birthdates as xx/xx/2001.
To redact text, its metadata–literally the information about the data–must be removed. For best
results, delete the text from the file before creating a PDF file and save it with a new name.
Commercial software designed specifically to redact is also available. If you have questions,
please call the Help Desk at (866) 463-4052.
Signing of Pleadings, Motions and Other Papers (L.R. 11.1)
Electronic Signature Format.
• A registered user’s log-in and password serve as the user’s signature on all documents
electronically filed with the court and as a signature for purposes of Fed. R. Civ. P. 11,
these rules, and any other purpose for which a signature is required in connection with
proceedings before the court. Therefore, the registered user signing the document must
be the same registered user filing the document. That is, use the signer’s log-in and
password to file the document.
• Except as provided by L.R. 11.2, where a hand signature would otherwise appear, each
document filed electronically by a registered user must be signed with the filer’s name,
e.g., “/s/ John E. Attorney,” a digital stamp, or a scanned handwritten signature.
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• Only a judge, a registered user, a self-represented litigant filing using PACER, the clerk
of court, a court reporter, or deputy clerks of court may use the “/s/” signature form, and,
except as provided by L.R. 11.2(a), only when signing the document as the filer and
filing electronically.
• All other signatures, including those on any affidavit, must be hand signatures.
• When any hand signature is used, the name of the signer must be printed or typed under
the signature line. L.R. 1.5(b).
Signing on Behalf of Another Attorney
• If someone in your office has asked you to sign and e-file a document for them, you must
use your own login and password.
• The attorney signing for someone else should not associate themselves to the case when
prompted by CM/ECF.
Multiple Signatures (L.R. 11.2)
Documents requiring signatures of more than one party may be filed in one of the following
ways:
• Where the filing party is a registered user and all signers (including non-registered users
and pro se litigants) consent to the filing, by using the “/s/” electronic signature as to all
parties;
• Where all signers use hand signatures, by scanning the document and filing it
electronically without the “/s/” signature by any party; or
• By scanning one or more identical documents with hand signatures and attaching each
document as an exhibit to a document bearing the registered user’s “/s/” electronic
signature.
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Section 6: E-MAIL NOTIFICATION
Notice of Electronic Filing (NEF)
At the conclusion of a filing transaction, the system will generate a Notice of Electronic Filing
(NEF) to confirm that the document has been filed and served on the parties who are Registered
Users. The NEF displays the recipient’s names, primary e-mail addresses, and secondary e-mail
addresses (if any). The NEF will also indicate which case participants (if any) were not served
electronically. The filing party is responsible for effecting service in hard copy on parties who
were not served electronically.
NEFs each contain a hyperlink to the main document attached to the docket entry. TEXT orders
do not include a link because the entire order is visible as the docket text and included as part of
the NEF.
Registered Users have two options to receive NEFs: either per filing or as a daily summary
report that is generated only if case activity has occurred. These preferences may be changed in
your PACER account.
NEF Details
Screen
The date and time of the
filing are documented in the
NEF. The time is recorded as
Mountain time (either MDT
or MST) based on the
location of CM/ECF.
The case name and number,
the filing party, the document
number assigned to the entry,
and the judge assigned to the
case are listed in the NEF.
The docket text of the entry
is also displayed.
NEF recipients are listed
below this line.
Parties who are not
Registered Users who require
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service by another means are
listed below this line.
Each document attached to
the entry receives an
electronic document stamp
verifying that it was filed in
CM/ECF.
NOTE: Some e-mail systems follow hyperlinks to check for security risks, which will use up
the “free look,” so e-mails from CM/ECF should be exempted from this type of scanning.
The “Free Look”
Except for transcripts of proceedings and documents filed under seal or otherwise restricted, each
recipient of an NEF receives one “free look” at the filed document. Any subsequent access to
the document will result in assessment of applicable PACER fees.
Restricted Documents
Only Registered Users associated with the case as counsel or party of record may view
documents filed with restriction levels. Users attempting to access such documents will be
prompted to log in before the document may be viewed. These document types include, but are
not limited to, the following:
• Documents filed in Social Security cases;
• Documents filed in criminal cases PRIOR to November 1, 2004;
• Documents restricted pursuant to a protective order in a civil case;
• Documents filed ex parte; and
• Party consents to jurisdiction by a magistrate judge.
Applying for a Media Noticing Account
The District of Montana uses media noticing accounts to allow media professionals to receive
Notices of Electronic Filing (NEFs) in selected cases. Note: clicking on a link included in an
NEF will result in PACER fees.
Prerequisites
An upgraded PACER account is required to apply for a Media Noticing Account. For
instructions on registering or upgrading a PACER account, visit pacer.uscourts.gov.
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Instructions
For instructions on registering for a District of Montana CM/ECF media noticing account, see
Submitting a Registration Request in PACER and follow the instructions for a media noticing
account in Step 3. When entering/reviewing your address, type MEDIA OR MEDIA
ACCOUNT in the Firm/Office field. Requests for Media Noticing Accounts that do not include
this will be rejected.
For additional information on Media accounts, see the Media Account Information page on the
Court’s website.
Managing Your E-mail Addresses
Step Action
1 Log in to CM/ECF via PACER and click on Utilities.
Click on the Update Your E-mail Address link, and on the next screen, click on your
e-mail address. The initial e-mail information screen is divided into two sides. On the
left-hand side, there are two e-mail address hyperlinks—one for the primary email
address and one for the secondary e-mail addresses. To edit the existing Primary e-mail
address, click on the hyperlink on the left-hand side of the screen. In the text field on
the right-hand side, enter the new e-mail address. Click on submit all changes, then
click submit.
2
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Adding Cases for Noticing
Step Action
1 Log in to CM/ECF via PACER and click on Utilities.
Click on the Update Your E-mail Address link, and on the next screen, click on your
2
e-mail address.
Under Configuration Options, find Case-Specific Options. Enter the case number for
the case in which you wish to receive NEFs in the Add Additional Cases for Noticing
field and click Find This Case.
3
CM/ECF will reformat the case number if the case is found. Click Add case(s). The
4
case will now appear in the list cases below.
After you finish adding cases, click Submit all changes in the left panel. A confirmation
5
screen will appear.
E-mail Notification Message Failures
Service of a document to a Registered User is deemed complete upon filing the document in
CM/ECF, at which point the system transmits the NEF. Fed.R.Civ.P. 5(b). To ensure proper
service, it is essential that Registered Users maintain current, working e-mail addresses in
CM/ECF and PACER. Furthermore, it is important that interference with the NEF not occur
after it leaves the Court’s mail server, such as being deemed junk mail by a spam filter. The
Court cannot stress enough that NEF delivery failures will not excuse missed deadlines. It is the
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users’ obligation to keep an updated and working e-mail address current in CM/ECF and
PACER.
Failure Bounce backs
An NEF transmission may fail if the recipient’s mailbox is too full or if the recipient’s e-mail is
otherwise unavailable. Though a bounce back message will be delivered, the Court will not
retransmit the NEF. Again, it is the user’s obligation to maintain a working e-mail address in
CM/ECF and PACER.
Discontinuing NEFs for a Case
The Court is required under Fed. R. Civ. P 77(d) to notify counsel of record of the entry of all
orders and judgments, including post-judgment orders and appeal activity, even if the litigant
represented has been terminated from the case. Counsel desiring to terminate electronic notices
in a case must do so affirmatively by either:
• Withdrawing from the case as counsel of record (LR 83); or
• Filing a formal notice in pleading form requesting that the e-mail notification in the case
be turned off.
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Section 7: EVENT SELECTION
Events
After logging into CM/ECF, registered users will be able to use the main menu to file documents
or perform other tasks.
The filing events are organized by category:
Menu Item Types of Events
To see a menu of events that can be docketed to civil cases, such
Civil as motions, notices, service documents, responses, replies, and
answers.
To see a menu of events that can be docketed to criminal cases,
Criminal such as plea-related documents, motions, responses, replies, appeal
documents, notices, and trial documents.
To find a case-by-case number, case characteristics, or name/type
Query
of a participant, then see a menu of query options.
Access the written opinions report, run civil and/or criminal case
Reports
reports, calendar event reports, docket sheet reports, etc.
View Court information, link a PACER account to a CM/ECF
Utilities
account, review billing history, etc.
This option can help you find and get to the menu option or docket
event that you need. Type in some letters of a word, and a
complete list of menu items and events whose names contain those
Search
letters is displayed. Each of the displays is a link, so that all you
have to do is click it -- if it's an event, you go immediately to the
first screen for docketing.
Help See a help file for the screen you are viewing.
Logout To log out of CM/ECF and see the login screen.
Criminal Events
The menus of events under the Criminal selection include: Charging Instruments and Pleas,
Motions and Related Filings, and Other Filings. Selection of the links under those headings
reveals the individual docket events.
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Civil Events
The menus of events under the Civil selection include: Initial Pleadings and Service, Motions
and Related Filings, and Other Filings. Selection of the links under those headings reveals the
individual docket events.
Example: To electronically file a Motion for Summary Judgment in a civil case, first select Civil
from the main menu and click on the Motions menu under Motions and Related Filings. The
event Motion for Summary Judgment appears under the Motions menu.
Search Function
If you are having trouble finding a specific event, click the Search function and start typing the
name of the event you wish to file. A list of all events that include the word entered in the search
field will be displayed.
Find the correct event and click on the event name to begin the filing process.
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Section 8: OPENING A CIVIL CASE
Required Documents
The following documents must be prepared prior to beginning the case opening process:
To file a Complaint or Petition To file a Notice of Removal
1. Notice of Removal
2. Civil Cover Sheet (JS44)
1. Complaint or Petition
3. Copies of the required state court pleadings
2. Civil Cover Sheet (JS44)
o Complaint
3. Summons for issuance by the Clerk’s
o Executed summons
Office, if appropriate
o Answers
o Pending motions
NOTE: PDFs should be text-searchable, and PDF fillable forms must be flattened or otherwise
unmodifiable prior to attachment.
Using the Shell Case to Open a Case
Complaints and other initiating documents can be filed electronically before a case is opened
using the shell case. Filers can use the shell case when e-filing any type of initiating document
including complaints and notices of removal.
Step Actions
1 Under the Civil tab, select Complaints, Other Initiating Documents under the Initial
Pleadings and Service heading.
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2 Select the appropriate event such as Complaint, Notice of Removal, Bankruptcy Appeal, etc.
Click NEXT – Click here to advance to the next screen.
3 Selecting the Divisional Venue
• When filing a Complaint or Petition, the divisional venue is the division of the Court
in which a substantial part of the events or omissions giving rise to the claim occurred
or a substantial part of the property that is the subject of the action is situated.
• When filing a Notice of Removal, the divisional venue is the county where the
originating complaint was filed.
• LR 1.2 establishes counties, and their corresponding divisional codes as follows:
1. The BILLINGS DIVISION (Division Code 1) is the Counties of Big Horn,
Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, McCone,
Musselshell, Park, Petroleum, Powder River, Prairie, Richland, Rosebud,
Stillwater, Sweetgrass, Treasure, Wheatland, Wibaux, and Yellowstone. Court
is held at the James F. Battin Courthouse in Billings, Montana.
2. The BUTTE DIVISION (Division Code 2) is the Counties of Beaverhead,
Deer Lodge, Gallatin, Madison, and Silver Bow. Court is held at the Mike
Mansfield Federal Building and United States Courthouse in Butte, Montana.
3. The GREAT FALLS DIVISION (Division Code 4) is the Counties of Blaine,
Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty,
Phillips, Pondera, Roosevelt, Sheridan, Teton, Toole, and Valley. Court is held
at the Missouri River Courthouse in Great Falls, Montana.
4. The HELENA DIVISION (Division Code 6) is the Counties of Broadwater,
Jefferson, Lewis and Clark, Meagher, and Powell. Court is held at the Paul G.
Hatfield Courthouse in Helena, Montana.
5. The MISSOULA DIVISION (Division Code 9) is the Counties of Flathead,
Granite, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders. Court is held
at the Russell Smith Courthouse in Missoula, Montana.
Enter the appropriate Division’s shell case to file initial pleadings.
• Billings: 1:08-CV-8000
• Butte: 2:08-CV-8000
• Great Falls: 4:08-CV-8000
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• Helena: 6:08-CV-8000
• Missoula: 9:08-CV-8000
Click NEXT – Click here to advance to the next screen.
4 Select Defendant as the party that the filing is against and click NEXT. DO NOT CREATE
A NEW PARTY or enter any party information. The e-filing attorney SHOULD NOT add
themselves to the shell case when filing an initiating document.
5 Review the important reminders and click next to advance to the next screen.
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6 Click Browse to upload pdf of the complaint and click Next
7
8 When filing an initiating document in the shell case, it’s advantageous for the filer to pay
online with a credit card. This will allow the e-filer 24-hour access to file Complaints and
Notices of Removal. A filer who elects to pay the filing fee with a check, money order, or
cash must wait for the Clerk’s Office to provide them with a receipt number before filing the
document.
9 Click Next
10 Login into PACER
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11
Click next. Complete the payment process and wait for PACER to redirect you back to
CMECF to finish the filing process. WARNING: You must complete the filing process in
CMECF or your complaint will not be filed even if the filing fee has been paid.
12 You will then see this screen. Provide an e-mail for receipt and check the authorization box,
then click submit to return to CM/ECF to complete the filing.
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13
Modify the docket text as appropriate. For example: Complaint “for Declaratory Relief” or
Complaint “Second Amended”
Click NEXT – Click here to advance to next screen.
14
15
MAKE SURE THAT THE LAST SCREEN YOU SEE IS THE NOTICE OF ELECTRONIC
FILING: If you do not get to this screen then your complaint has not been filed.
16 During regular business hours, the Clerk’s Office will view the shell case, assign a judge,
issue a case number, and file the initiating document(s) from the shell case accordingly. Cases
are opened as of the date of the initial filing in the shell case. Once the clerk e-files all the
documents into the new case, the parties will receive an NEF of their documents. Displayed
on the header will be all the information including case number, judge, and original date the
initiating documents(s) were filed.
Requesting a Refund for a Duplicate Payment on Pay.gov
A CM/ECF Registered User who makes a duplicate or erroneous fee payment through Pay.gov
may request a refund by sending an e-mail to
[email protected].
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Avoiding Erroneous Payments
To avoid making duplicate payments:
• Never use the browser back and forward buttons to navigate within CM/ECF.
• Do not complete the payment screens and then close the browser window or navigate
away from the application. Always wait until Pay.gov redirects you back to CM/ECF to
complete the transaction. Like other CM/ECF transactions, there will be a final warning
screen where you can review the docket text and submit the transaction.
• If, either due to a system or user error, the transaction is not completed but you have
completed the payment screens, do not refile your pleading. If you attempt to refile, you
will be prompted to make the payment again.
• Do not click the “Submit Payment” button more than once from the Online Payment,
Step 2 screen. Be patient while the payment processes. A successful payment will
generate an NEF that includes the Agency Tracking ID number from Pay.gov.
• To cancel a transaction from within Pay.gov, click either the “Cancel” button or the
“Return to your originating application” link that appear on both the Online Payment,
Step 1, and Online Payment, Step 2, pages. This will end the payment process, and the
event will not be docketed. A display message will confirm that that the payment process
has been canceled, and the event will not be completed.
Notice of Removal (L.R. 3.3)
• File using the same procedures as for filing complaints.
• When filing in the shell case, file the Notice of Removal using the Notice of Removal—
SDM event under the Civil Events → Initial Pleadings and Service → Complaints,
Other Initiating Documents menu.
• Once the removing party delivers a copy of the notice of removal to State Court, the State
Court will send the original state court record to the Clerk’s Office to be e-filed into the
federal case.
• Motions and other requests directed to the State Court are automatically terminated upon
removal.
Social Security Cases
• Social security cases are restricted to court users, case
