10/15/2020
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
IN RE:
STANDING ORDER NO. BMM-6
PRISON ELECTRONIC
FILING PROJECT
This Order modifies and supersedes Standing Order No. DLC-46 for the
United States District Court for the District of Montana, entered August 27, 2019.
The United States District Court for the District of Montana (“the Court”)
and the Montana Department of Corrections (“MDOC”) have agreed to participate
in an electronic filing project (“E-Filing Project”). The E-Filing Project is
designed to increase efficiencies in pro se prisoner filings and save costs to
prisoner litigants, the MDOC, and the Court by reducing expenses for paper,
envelopes, copying, and postage. Furthermore, it will substantially reduce the
amount of staff time spent processing prisoner filings for both the MDOC and the
Court. This Standing Order sets forth the rules for managing the E-Filing Project.
IT IS HEREBY ORDERED:
1. The E-Filing Project includes all actions filed in federal court by
prisoners incarcerated at Montana State Prison (“MSP”) including but not limited
to all prisoner civil rights and habeas corpus cases brought under 42 U.S.C. § 1983,
28 U.S.C. §§ 2241, 2254, or 2255.
2. Participation in the E-Filing Project is mandatory for all prisoners in all
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custody levels at MSP.
3. All filings submitted by prisoner litigants to the Court (correspondence,
pleadings, motions, and briefs) (hereinafter “court filings”) must be electronically
submitted to the District of Montana. If a prisoner litigant is later transferred to
another facility, he must resume submitting all court filings by mail. The Court
will not accept filings via U.S. Mail from prisoners at MSP and any documents
received will be returned without filing.
4. Correspondence and requests for discovery between a prisoner litigant
and any defendant or respondent shall not be electronically submitted and must
continue to be exchanged by mail.
5. Electronic court filings will be processed as follows:
a. Prisoner Litigant Submission of Court Filing: The prisoner
litigant will provide MSP staff with the original court filing and a filing request
form. The court filing must comply with the requirements set forth in the Prisoner
Filing Checklist, a copy of which shall be posted or distributed with this Order
consistent with MSP practices. MSP staff will scan the court filing into a digital
sender which converts the filing to PDF format and e-mails the document to a
designated Court e-mail address. Prisoner litigants do not have the right to be
present during scanning and e-mailing of documents.
b. Docketing: Court staff will monitor the designated Court e-mail
inbox, conduct a readability review, and either file the document in the Case
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Management Electronic Case Filing system (CM/ECF) or notify MSP staff that the
scan has been rejected.
c. Notice of Electronic Filing (“NEF”): When a court filing is
docketed, a Notice of Electronic Filing (“NEF”) is issued. The NEF confirms the
date of docketing and contains an electronic link to the court filing. The MDOC
will establish an e-mail address by which MSP staff will receive the NEF when a
document has been filed electronically. When MSP staff receives an NEF for a
document filed by a prisoner, MSP staff will return the original documents to the
prisoner with the NEF which will indicate that the document has been
electronically filed, when it was filed, and the number of pages filed with the
Court. The prisoner litigant is expected to keep the original court filing and
produce it at a later time, if ordered to do so by the Court.
d. Prisoner Receipt of Documents: When the prisoner litigant
receives the NEF, he shall verify that the correct number of pages were filed. If
there is a problem with the scanned document, the prisoner litigant shall re-submit
the original to MSP staff, who will contact the Court to report the discrepancy. If
it is determined that a portion of a pleading is missing or illegible, the prisoner
litigant will be directed to either mail the original document to the Court or re-
submit the document to MSP staff for electronic submission. Once the document
is filed in the Court’s system, the document is automatically served upon opposing
counsel (if counsel has entered an appearance) so there will be no need for the
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prisoner litigant to mail copies to other parties. If there are other parties to the case
that are not registered CM/ECF users, the Clerk of Court will mail a copy of the
prisoner litigant’s electronically filed document to each non-registered party on
behalf of the prisoner litigant, via the United States Postal Service. The NEF
generated by the Court’s electronic case filing system will constitute official
service upon the other parties.
e. Court Orders: When the Court enters an order (or other
communication) directed to the parties, the filing will be e-mailed to MSP. MSP
staff will print and provide the prisoner litigant with copies of the NEF and the
Court-issued order (or other communication). Receipt by the prisoner litigant of
the NEF with the Court order (or other communication) constitutes service on the
prisoner litigant.
f. Defendants: Even though prison staff will submit prisoners’
documents electronically, the prisoners will not be registered CM/ECF
participants. Therefore, the rules for regular and electronic service of pleadings
and papers shall apply, as set forth in Rule 5(b) of the Federal Rules of Civil
Procedure. Defendants and any non-prisoner party must mail to the prisoner, via
the United States Postal Service, a copy of any document filed on their behalf.
6. The Court has provided a digital sender for use at Montana State Prison.
The equipment will at all times remains property of the United States District
Court for the District of Montana and it will bear a property tag reflecting the
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ownership. The MDOC has executed an appropriate property receipt provided by
the District Court. The MDOC will provide a printer and paper necessary to fulfill
the requirements of this Order.
7. The Clerk of Court is authorized to develop, implement, publish, and
modify as necessary administrative procedures to modify the E-Filing Project.
8. MSP shall designate and maintain with the Court current contact
information for the MSP staff member(s) who will fulfill MSP’s document
procuring duties set forth in this Order.
9. The Clerk of Court shall notify the following individuals of the entry of
this Order: Reginald Michael, Director Montana Department of Corrections; Jim
Salmonsen, Warden Montana State Prison; Colleen Ambrose, Chief Legal Counsel
for the Montana Department of Corrections; Gayle Butler, Montana Correctional
Enterprises Administrator, and Marisa Britton-Bostwick, Education Director for
Montana State Prison.
This Standing Order shall remain in effect until such time as the Court or
MDOC determines that the E-Filing Project should be discontinued.
DATED this 15th day of October, 2020.
_____________________________
Brian Morris, Chief Judge
United States District Court
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