UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NORTH CAROLINA
ELECTRONIC CASE FILING
ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL
Revised: March 2017
The most current version of this document resides on the court's website. Please cross-reference this printed version with
the Policy Manual posted on www.nced.uscourts.gov.
Electronic Case Filing Administrative Policies and Procedures Manual Page 1
U.S. District Court for the Eastern District of North Carolina
TABLE OF CONTENTS
I. GENERAL INFORMATION ............................................................................................ 4
A. Scope and Citation ................................................................................................................. 4
B. Authorization for Electronic Filing ....................................................................................... 4
C. Notice of Electronic Filing .................................................................................................... 5
II. ELIGIBILITY, REGISTRATION, AND PASSWORDS ............................................... 5
A. Eligibility ............................................................................................................................... 5
1. Filing Users ...................................................................................................................................5
2. Receiving Users .............................................................................................................................5
B. Registration Forms ................................................................................................................ 5
1. Attorney Registration—Filing Users .............................................................................................5
2. Pro se party Registration—Receiving Users .................................................................................6
C. Password Maintenance .......................................................................................................... 6
III. CM/ECF ACCOUNT MAINTENANCE .......................................................................... 6
A. Updating the Account ............................................................................................................ 6
B. NEFs ...................................................................................................................................... 7
IV. DOCUMENT FORMAT .................................................................................................... 7
A. Creating a PDF ...................................................................................................................... 7
1. Scanned or Converted PDF ...........................................................................................................7
2. PDF and Docket Entry Size ...........................................................................................................7
3. PDF/A Format ...............................................................................................................................7
B. Using Fillable Forms ............................................................................................................. 8
C. Creating Hyperlinks ............................................................................................................... 8
D. Signatures .............................................................................................................................. 8
1. Filing Users ...................................................................................................................................8
2. Multiple Signatures .......................................................................................................................9
3. Non-Filing User Signatures ...........................................................................................................9
4. Defendant’s Signature in a Criminal Case.....................................................................................9
E. Title of Document ................................................................................................................ 10
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U.S. District Court for the Eastern District of North Carolina
F. Privacy ................................................................................................................................. 10
V. FILING IN CM/ECF ........................................................................................................ 10
A. Exceptions to Mandatory Electronic Filing ......................................................................... 10
1. Automatic Exemptions ................................................................................................................11
2. Permissible Exemptions ..............................................................................................................12
B. Effect of Electronic Filing ................................................................................................... 12
1. Official Filing of Documents.......................................................................................................12
2. Time of Filing ..............................................................................................................................13
C. First Appearance in a Case .................................................................................................. 13
D. Case Initiation ...................................................................................................................... 13
1. Civil Cases ...................................................................................................................................13
2. Civil Miscellaneous Cases ...........................................................................................................15
3. Sealed Civil Cases .......................................................................................................................15
4. Criminal Cases.............................................................................................................................15
E. Filing an Exhibit as an Attachment in CM/ECF.................................................................. 15
1. Generally .....................................................................................................................................15
2. Index of Exhibits .........................................................................................................................16
3. Exhibits Filed Manually ..............................................................................................................16
4. Motions for Summary Judgment .................................................................................................16
F. Motions for Leave to File a Document ................................................................................ 17
G. Filing Sealed and Other Restricted Documents in CM/ECF ............................................... 17
1. Sealed Documents .......................................................................................................................17
2. Ex Parte Documents ....................................................................................................................19
3. In Camera Submissions ...............................................................................................................20
4. Sealed Cases ................................................................................................................................21
H. Filing of Motions Requesting Immediate Attention ............................................................ 21
I. Orders and Judgments ......................................................................................................... 21
1. Generally .....................................................................................................................................21
2. Text Orders ..................................................................................................................................21
3. Proposed Orders ..........................................................................................................................22
4. Protective Orders .........................................................................................................................22
J. Corrections in CM/ECF ....................................................................................................... 22
K. Technical Failures ................................................................................................................ 22
1. CM/ECF Technical Failure .........................................................................................................22
2. Scheduled Maintenance by the Court ..........................................................................................23
3. Technical Failure of the Filing User ............................................................................................23
4. Court Contact for Technical Failure ............................................................................................23
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U.S. District Court for the Eastern District of North Carolina
VI. SERVICE ........................................................................................................................... 23
A. Generally ............................................................................................................................. 23
B. Certificate of Service ........................................................................................................... 24
C. Service of a Document by Electronic Means ...................................................................... 24
D. Service of a Document by Conventional Means ................................................................. 24
F. Service of a Sealed Document ............................................................................................. 25
1. Criminal .......................................................................................................................................25
2. Civil .............................................................................................................................................25
VII. ACCESS TO ELECTRONICALLY STORED DOCUMENTS................................... 25
A. NEF Access ......................................................................................................................... 25
B. Public Access at the Court ................................................................................................... 26
C. Public Internet Access ......................................................................................................... 26
1. Criminal .......................................................................................................................................26
2. Civil .............................................................................................................................................26
3. Transcripts ...................................................................................................................................27
FORM A….....................................................................................................................................28
FORM B………………………………………………………………………………………….29
CHECKLIST FOR ATTORNEYS USING THE ELECTRONIC FILING SYSTEM .......... 31
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U.S. District Court for the Eastern District of North Carolina
I. GENERAL INFORMATION
The federal judiciary’s Case Management/Electronic Case Filing (CM/ECF) system is an
internet-based document filing and case management system. The Eastern District of North
Carolina implemented CM/ECF in October 2005. Any computer with internet access and
web-browser software can access CM/ECF.
A. Scope and Citation
The Electronic Case Filing Administrative Policies and Procedures Manual governs
the filing, service and access to documents in CM/ECF in the Eastern District of
North Carolina, except that nothing in the manual supersedes the federal rules, local
rules or standing orders of this district. Any judge in this district or the clerk of court
may vary from or amend these procedures without prior notice. These policies and
procedures must be cited as “Section of the Policy Manual” or “Policy Manual.”
The Policy Manual posted on the district’s website www.nced.uscourts.gov
constitutes the official record of such policies and procedures.
B. Authorization for Electronic Filing
Rule 5(e) of the Federal Rules of Civil Procedure and Rule 49(d) of the Federal
Rules of Criminal Procedure authorize courts by local rule to permit or require
papers to be filed by electronic means. Unless otherwise permitted or required by
the Policy Manual or authorized by the assigned judge, all documents submitted for
filing must be filed electronically using CM/ECF. All attorneys making an
appearance pursuant to Local Civil Rule 83.1 and Local Criminal Rule 57.1 are
required to register for CM/ECF and file documents electronically. See Standing
Order 06-PLR-2.
Any document electronically filed or converted by the clerk’s office to electronic
format constitutes the official record of the court and the clerk’s office will not
maintain a paper record of these documents. However, the court may allow material
incapable of being stored electronically in CM/ECF to be included in the official
record.
CM/ECF registration, training, and other guides are available on the district’s
website.
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U.S. District Court for the Eastern District of North Carolina
C. Notice of Electronic Filing
Whenever a document is filed electronically, CM/ECF will automatically generate
and send a Notice of Electronic Filing (“NEF”) to the filing users and receiving users
of record. The user filing the document must retain a paper or digital copy of the
NEF, which will serve as the court’s date-stamp and proof of filing.
II. ELIGIBILITY, REGISTRATION, AND PASSWORDS
A. Eligibility
1. Filing Users
All attorneys permitted to practice in the Eastern District of North Carolina
in accordance with Local Civil Rule 83.1 and Local Criminal Rule 57.1 must
register to become a filing user of CM/ECF.
2. Receiving Users
A pro se party who is not incarcerated may consent to be a receiving user of
CM/ECF. A receiving user receives notices of filings by email instead of by
regular mail, but may not file electronically.
B. Registration Forms
1. Attorney Registration—Filing Users
All attorneys permitted to practice in the Eastern District of North Carolina
in accordance with Local Civil Rule 83.1 and Local Criminal Rule 57.1 must
register to become a filing user of CM/ECF by completing the Attorney
Registration Form prior to filing a document. Government attorneys must
complete the Government Attorney Registration Form. The registration
forms are available on the district’s website. Registration constitutes written
consent to service of all documents by electronic means in accordance with
Rule 5 of the Federal Rules of Civil Procedure and Rule 49 of the Federal
Rules of Criminal Procedure. The original registration form may be mailed
to the clerk’s office to the attention of: ECF Attorney Registration, Post
Office Box 25670, Raleigh, NC 27611 or delivered to a staffed clerk’s office.
To ensure that the clerk’s office has correctly entered a filing user’s account
information, the clerk’s office will send the attorney a confirmation email.
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U.S. District Court for the Eastern District of North Carolina
2. Pro se party Registration—Receiving Users
A pro se party who is not incarcerated may consent to be a receiving user of
CM/ECF by completing the Pro Se Consent & Registration Form to Receive
Documents Electronically. The registration form is available on the district’s
website. Registration constitutes written consent to service of all documents
by electronic means in accordance with Rule 5 of the Federal Rules of Civil
Procedure and Rule 49 of the Federal Rules of Criminal Procedure. The
original registration form may be mailed to the clerk’s office to the attention
of: CM/ECF Registration, Post Office Box 25670, Raleigh, NC 27611 or
delivered to a staffed clerk’s office. To ensure that the clerk’s office has
correctly entered a receiving user’s account information, the clerk’s office
will send the receiving user a confirmation email.
C. Password Maintenance
Within 14 days after receiving the initial password from the clerk’s office, the filing
user or receiving user must select a new password. Subsequently, the filing user or
receiving user may change the password at his or her discretion. A filing user must
not allow another person, except for an authorized agent, to file a document using
the filing user’s login and password. If a filing user believes that the security of an
existing password has been compromised, then the filing user must change the
password immediately. Use of the filing user’s login and password by another
person will be deemed to be the act of the filing user.
III. CM/ECF ACCOUNT MAINTENANCE
A. Updating the Account
A filing user or receiving user is responsible for maintaining his or her account,
particularly including email addresses, to ensure accurate delivery of an NEF.
If the filing user or receiving user is unable to modify the information in his or her
CM/ECF account, the filing user or receiving user must email the modifications to
the clerk’s office at
[email protected]. In addition, a
Notice of Change of Address must be filed in every pending or active case. An act
or omission due to the failure of a filing user or receiving user to receive an NEF
may not constitute good cause by the court for excusing the act or omission.
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B. NEFs
A “bounceback” is an NEF that is returned from the intended recipient back to the
court as undeliverable. Any bounceback NEF from a filing user or receiving user’s
email address will be deleted by the clerk’s office without notification to the filing
user or receiving user. It is the responsibility of the filing user or receiving user
to obtain any document which he or she did not receive because of his or her
failure to maintain the CM/ECF account.
IV. DOCUMENT FORMAT
A. Creating a PDF
1. Scanned or Converted PDF
CM/ECF only accepts documents in a portable document format (PDF).
Word processed documents (i.e. Microsoft Word, Word Perfect) should be
converted directly to a PDF rather than scanned to minimize the file size and
allow for text-searchability. Documents that cannot be converted to PDF
from a word processing program must be scanned using Optical Character
Recognition (OCR) technology to create a searchable text file. The scanner
resolution must be set to 300 DPI, Black and White, unless scanning
documents that must remain in color. The filer must ensure that the
document is legible in CM/ECF.
2. PDF and Docket Entry Size
The size limitation for an individual PDF is 50 megabytes. The total size
limitation for a docket entry, including all attachments, is 60 megabytes.
Any document over 50 megabytes or docket entry over 60 megabytes must
be broken down to meet the size requirements.
3. PDF/A Format
In the future, the judiciary will require that all electronically filed documents
uploaded into CM/ECF be in PDF/A format. The move to a PDF/A standard
is viewed as a necessary step to enhance the security of CM/ECF and
improve the archiving and preservation of the record. Currently, CM/ECF
accepts both PDF and PDF/A documents. While no specific date has been
set for the conversion, at this time filing users are encouraged to file
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documents in the PDF/A format.
B. Using Fillable Forms
When using a PDF fillable form, such as those found on the district’s website (i.e.
civil summons, cover sheet, financial disclosure forms, etc.), the filing user must
lock or “flatten” the PDF document after creating it to prevent others from making
any changes to the document once it is filed in CM/ECF. While CM/ECF will
prevent an individual from making any permanent changes to the document filed in
CM/ECF, the form’s fields will remain active and editable unless the document is
flattened. Instructions for flattening a document can be found on the district’s
website. Failure to flatten documents may result in the clerk’s office issuing a notice
of deficiency. Documents that have not been flattened cannot be transmitted
electronically with the record on appeal.
C. Creating Hyperlinks
Electronically filed documents may contain the following types of hyperlinks:
(1) citation hyperlinks that link to case law citations (i.e. WestLaw,
Lexis);
(2) cross-document hyperlinks that link to previously filed CM/ECF
documents; and
(3) internal PDF document hyperlinks to other portions of the same
document.
Hyperlinking instructions can be found on the district’s website.
Hyperlinks to personal websites or organizations, including law firms, are strictly
forbidden. The court accepts no responsibility for and does not endorse any product,
organization or content at any hyperlinked site or at any site to which that site may
be linked. The court accepts no responsibility for any availability or functionality
of any hyperlink.
D. Signatures
1. Filing Users
The filing user’s login and password will serve as the filer’s signature for the
purposes of the federal rules and the local rules of this court. The name of
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U.S. District Court for the Eastern District of North Carolina
the filing user under whose login and password the document is submitted
must be preceded by an “/s/” and typed in the space where the signature
would otherwise appear. All documents filed electronically must include a
signature block in conformity with Local Civil Rule 10.1 and Local Criminal
Rule 47.3.
2. Multiple Signatures
The filer of any document requiring more than one filing user’s signature,
such as a stipulation, joint motion or joint status report must list all of the
signatories by means of an “/s/” or by filing a scanned document containing
all of the necessary signatures. By submitting such a document, the filer
certifies that each of the other signatories has expressly agreed to the form
and substance of the document and that the filer has authority to submit the
document on his or her behalf. An individual who disputes the authenticity
of an electronically filed document containing multiple signatures must file
an objection in the case within 14 days from the filing of the document. Joint
filings must still include a certificate of service. See Form A.
3. Non-Filing User Signatures
A non-filing user cannot electronically sign a document such as an affidavit
or declaration with an “/s/”, but must instead manually sign the document.
The filing user filing the document must scan the document and docket it
into CM/ECF. Under Local Civil Rule 5.1(a)(1) and Local Criminal Rule
49.1(a)(1), the electronic document in CM/ECF constitutes the official
record of the court. An individual who disputes the authenticity of an
electronically filed document containing a non-filing user’s signature must
file an objection in the case within 14 days from the filing of the document.
Joint filings must still include a certificate of service. See Form A.
4. Defendant’s Signature in a Criminal Case
Documents in a criminal case containing the original signature of a
defendant, such as, but not limited to, appearance bonds, orders setting
conditions of release, waivers of indictment or plea agreements must be
delivered to the clerk’s office for retention.
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E. Title of Document
All documents filed electronically must be titled to the extent practicable using the
approved dictionary of civil and criminal events of CM/ECF referenced on the
district’s website.
F. Privacy
Pursuant to Rule 5.2 of the Federal Rules of Civil Procedure and Rule 49.1 of the
Federal Rules of Criminal Procedure, any filing with the court, unless otherwise
exempt, that contains a social security number, a taxpayer-identification number, a
birth date, a minor’s name, or a financial-account number may include only:
1. the last four digits of the social security number and taxpayer-identification
number;
2. the year of the individual’s birth;
3. the minor’s initials;
4. the last four digits of the financial-account number;
5. the city and state of home addresses (criminal cases only).
The responsibility to redact documents rests solely with the filer, no matter who
created the document. Pursuant to Local Civil Rule 5.1 and Local Criminal Rule
49.1, the clerk’s office is not required to review documents for compliance. If,
however, a document with personal identifiers is discovered, the clerk’s office may
issue a notice of deficiency to the filer. In that instance, in order to give the filer an
opportunity to comply with the federal rules, the document may be sealed
temporarily for a prescribed time period.
If a redacted document is filed within the prescribed time period, the unredacted
document with personal identifiers will remain sealed. If a redacted document is not
filed within the prescribed time period, the document with personal identifiers may
be unsealed by the clerk’s office without further order or notice to the parties.
V. FILING IN CM/ECF
A. Exceptions to Mandatory Electronic Filing
Any filing that is not automatically exempt pursuant to this section must be
accompanied by a motion for leave to file manually (in paper form) with a proposed
order. The motion for leave must state good cause why the document or item cannot
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be filed electronically.
1. Automatic Exemptions
No motion for leave to file manually is required for the following documents:
(a) Pro se Filing
All filings made by pro se parties must be submitted to the clerk’s
office in paper by delivering the original filing(s) to the clerk’s office
during regular business hours or by mail. Pro se parties will not be
provided a login and password for filing in CM/ECF. The clerk’s
office will scan and upload the documents into CM/ECF as presented
by the pro se filer. The electronic document in CM/ECF constitutes
the official record of the court. See Local Civil Rule 5.1(a)(1) and
Local Criminal Rule 49.1(a)(1).
The clerk’s office will not accept filings by email or facsimile
transmission unless ordered by the court prior to the
transmission.
(b) Sealed Cases
All cases sealed in their entirety (i.e. juvenile cases, qui tam
whistleblower cases) are exempt from mandatory electronic filing
until they are unsealed or the court orders otherwise.
(c) Hearing and Trial Exhibits
Unless otherwise ordered by the court, hearing and trial exhibits will
not be electronically filed in CM/ECF.
(d) In Camera Submissions
Unless otherwise ordered by the court, in camera submissions must
not be electronically filed in CM/ECF.
(e) Psychiatric and Psychological Reports
Psychiatric and psychological reports in criminal cases may be
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U.S. District Court for the Eastern District of North Carolina
received by the clerk’s office and are filed under seal, electronically
or otherwise, as directed by the court.
(f) State Court Record in 2254 Cases
The state court record and materials that are filed under the Rules
Governing Habeas Corpus Cases under Section 2254 in capital and
non-capital cases where the record is voluminous are exempt from
mandatory electronic filing unless otherwise ordered by the court.
2. Permissible Exemptions
(a) Leave of Court for Attorneys Not Yet Registered
An attorney permitted to practice in the Eastern District of North
Carolina pursuant to Local Civil Rule 83.1 and Local Criminal Rule
57.1 but who is not yet registered as an electronic filer must submit a
motion to file manually until the attorney has secured a CM/ECF
login and password. The motion must include the attorney’s
registration date for CM/ECF training. If the exception request is
solely to allow the attorney time to become a filing user, the motion
will be referred to the clerk of court. Upon motion of counsel and for
good cause shown, the presiding judge for a particular case may
permit an attorney to file in paper form for the duration of the case.
The court reserves the right to withdraw an exemption at any time.
(b) Leave of Court for Certain Exhibits Not Capable of Being
Electronically Filed
A filing user must seek leave of court to manually file exhibits that
are not capable of being electronically filed.
B. Effect of Electronic Filing
1. Official Filing of Documents
Electronic transmission of a document to CM/ECF, together with the
transmission of an NEF from the court, constitutes filing of the document for
all purposes of the Federal Rules of Civil and Criminal Procedure and
constitutes entry of the document on the docket maintained by the clerk of
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U.S. District Court for the Eastern District of North Carolina
court pursuant to Rules 58 and 79 of the Federal Rules of Civil Procedure
and Rules 49 and 55 of the Federal Rules of Criminal Procedure.
2. Time of Filing
A document filed electronically will be deemed filed at the time and date
stated on the NEF received from the court. A document will be deemed
timely filed if filed before midnight Eastern Standard Time (e.g., a filing
procedure commenced at 11:58 P.M. on March 1, but completed on March
2 at 12:03 A.M., will be considered filed on March 2). Where a specific time
of day deadline is set by court order or stipulation, the electronic filing must
be completed by that time. The user filing the document must retain a
paper or digital copy of the NEF, which will serve as the court’s date-
stamp and proof of filing.
C. First Appearance in a Case
As part of making an appearance in a case, an attorney must electronically file a
notice of appearance pursuant to Local Civil Rule 5.2(a) and 5.3 and Local Criminal
Rule 44.1(b).
As part of making an appearance in a case, a pro se party must manually file a notice
of self-representation pursuant to Local Civil Rule 5.2(b)(1).
All parties (other than prisoners), whether represented by counsel or appearing pro
se, must file a financial disclosure statement upon their first appearance in the case
in accordance with Local Civil Rule 7.3 and Local Criminal Rule 12.3, and must
promptly file a supplemental statement if any required information changes.
D. Case Initiation
1. Civil Cases
Except for the exemptions listed in Section V.A. of the Policy Manual, filing
users must open all new civil lawsuits electronically in CM/ECF. A Civil
Case Opening Procedural Guide is available on the district’s website. The
clerk’s office may issue a notice of deficiency to a party who fails to file
any required case opening documents.
(a) Payment and Refund of Filing Fees
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U.S. District Court for the Eastern District of North Carolina
(i) Payment of filing fees in the form of cash, check or credit
card may be delivered to the clerk’s office during regular
business hours. Payment may also be made by credit card
over the telephone during regular business hours. When
paying by any of these options, the filer must have a court-
issued receipt number before opening the case in CM/ECF.
(ii) Pay.gov is an additional credit card option that allows the filer
to pay the filing fee contemporaneously with the case opening
in CM/ECF. The Pay.gov link will appear when docketing
the case initiating event (i.e., complaint, notice of removal).
Pay.gov users are cautioned that multiple clicks on the final
submission screen could result in an overpayment of the filing
fee.
(iii) The clerk’s office will not make any filing fee refunds without
an order from the court. A party must make a motion for a
refund using the CM/ECF event “Motion for Refund of Fees
Paid Electronically” and attach a proposed order.
(b) Summons
A party requesting a summons must complete the form and attach it
to the case initiating document or document for which a summons is
required (i.e. counterclaim, third-party complaint). The clerk’s office
will issue the summons and docket it in CM/ECF for the requesting
party to retrieve and effect service unless the party has been allowed
to proceed in forma pauperis or otherwise ordered by the court.
(c) Notice of Removal
When filing a notice of removal from state court, the filer must attach
the state court record to the notice of removal. Each exhibit to the
notice of removal must be clearly identified in the docket text (i.e.
state court complaint, summons, order, motion for extension of time).
The filer must also fully complete and file a supplemental removal
cover sheet. The form is available on the district’s website. Counsel
is reminded that all pending motions originally filed in state court are
subject to Local Civil Rule 5.3(c).
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U.S. District Court for the Eastern District of North Carolina
2. Civil Miscellaneous Cases
Miscellaneous cases must be submitted to the clerk’s office manually in
paper. Once opened in CM/ECF by the clerk’s office, filing users may file
electronically in a miscellaneous case unless it is sealed.
3. Sealed Civil Cases
Sealed civil cases must be submitted to the clerk’s office manually in paper.
A motion to seal, supporting memorandum of law, and proposed order must
accompany the filing. Sealed civil cases are opened in CM/ECF by the
clerk’s office. All documents must be filed and served conventionally by the
parties until the case is unsealed.
4. Criminal Cases
All criminal cases (i.e. felony, misdemeanor, search and seizure warrants,
grand jury) are opened in CM/ECF by the clerk’s office. Once opened in
CM/ECF, a filing user may file electronically in any case that is not sealed.
All documents in sealed cases must be filed and served conventionally by
the parties.
E. Filing an Exhibit as an Attachment in CM/ECF
1. Generally
(a) For the purposes of this section, exhibit is used to describe any
document submitted in support of a filing (i.e., complaint, motion,
reply brief) and attachment is used to describe what is appended to a
docket entry in CM/ECF.
(b) Except as provided in Local Civil Rule 56.1, all memoranda of law
in support of motions, affidavits, and declarations must be filed as
separate docket entries and not as attachments to motions, responses
or replies.
(c) Each exhibit must prominently display an exhibit number on the face
of the document.
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U.S. District Court for the Eastern District of North Carolina
(d) Each exhibit must be scanned in text-searchable format as a separate
PDF and docketed as a separate attachment. The exhibits must not
be scanned together into one PDF and docketed as a single
attachment.
(e) The docket text for the attachment description must be clear and
complete. Labeling an attachment as Exhibit 1 or Exhibit 1-
Affidavit is insufficient. The docket text for an attachment must
provide a detailed description, such as Exhibit 1 - Affidavit of Jane
Doe.
(f) Except as provided in Local Civil Rule 56.1, and unless otherwise
stated in a judge’s preferences located on the district’s website, a filer
should not submit a document as an exhibit that has already been filed
in the case. Instead, the filer should create a hyperlink to the
previously filed document within the brief.
2. Index of Exhibits
When filing a document with more than 5 exhibits, the first attachment must
be an index of the exhibits. When filing multiple exhibits that span multiple
docket entries, the index of exhibits should be docketed in each docket entry.
3. Exhibits Filed Manually
A party permitted to file an exhibit manually in accordance with Section
V.A. of the Policy Manual must reference that fact in the attachment’s docket
text. For example:
Exhibit 1 - Affidavit of Jane Doe
Exhibit 2 - DVD of John Doe telecast to be filed manually
The attachment must be a notice of manual filing. See Form B.
4. Motions for Summary Judgment
A motion for summary judgment must be supported by a memorandum of
law, a statement of material facts, and an appendix of evidence. See Local
Civil Rule 56.1. The memorandum of law, the statement of material facts
and the appendix of evidence must each be filed as separate docket entries.
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U.S. District Court for the Eastern District of North Carolina
A response in opposition to a motion for summary judgment must be
supported by an opposing statement of material facts and an appendix of
evidence, each of which must be filed as a separate docket entry. When an
appendix of evidence in support of or in opposition to a motion for summary
judgment is filed, the first document must be an index of the evidence
contained in the appendix. Each exhibit must be scanned in text-searchable
format as a separate PDF and docketed as a separate attachment. The
exhibits must not be scanned together into one PDF and docketed as a single
attachment.
F. Motions for Leave to File a Document
If a filing of a document requires leave of court (i.e., filing a sur-reply or amended
pleading), the filing user must attach the proposed document as an attachment to the
motion according to the procedures in Section V.E. Any motions for leave to file
an amended pleading must comply with Local Civil Rule 15.1.
G. Filing Sealed and Other Restricted Documents in CM/ECF
1. Sealed Documents
(a) Except for motions filed under seal in accordance with Section
V.G.1.(f), each time a party seeks to file under seal, the party must
accompany the request with a motion to seal. The motion to seal may
be filed without a supporting memorandum only if the filing party
can cite a statute, rule, standing order or court order that requires the
filing to be sealed. Absent such authority, the filing party must
submit a supporting memorandum that specifies:
(i) The exact document or item, or portions thereof, for which
the filing under seal is requested;
(ii) How such request to seal overcomes the common law or the
First Amendment presumption to access;
(iii) The specific qualities of the material at issue which justify
sealing such material, taking into account the balance of
competing interest in access;
(iv) The reasons why alternatives to sealing are inadequate; and
(iv) Whether there is consent to the motion.
In addition to the motion and supporting memorandum, the
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filing party must set out findings supporting these specifications
in a proposed order to seal.
(b) The motion to seal must be a public document and docket entry,
which will give the public notice of the request to seal and a
reasonable opportunity to challenge it. With court approval, the
memorandum in support may be filed under seal.
(c) The proposed sealed document must be filed in accordance with
Local Civil Rule 79.2 and Local Criminal Rule 55.2 and will remain
under seal pending the court’s ruling on the motion to seal.
(d) The filing party must docket the proposed sealed document(s) as the
first docket entry, using the CM/ECF events specifically created for
sealed documents. If the filing party seeks to file the supporting
memorandum of law under seal, the party must docket the proposed
sealed memorandum of law as the second docket entry, using the
PROPOSED SEALED Memorandum in Support event. The motion
to seal should be the next docket entry with the proposed order to seal
as the attachment. The filer should link the motion to seal to the
proposed sealed document docket entry or entries.
(e) In the event that a filing party seeks to file material that has been
designated confidential by another party or entity, the filing party
must provisionally file the material under seal in accordance with this
section and Local Civil Rule 79.2 and Local Criminal Rule 55.2, with
notice served on the party or entity who desires to maintain the
material under seal.
(i) In lieu of filing a motion to seal, the filing party is required to
file a notice of filing pursuant to this subsection. The notice
of filing should be docketed after the filing of the
provisionally sealed material and linked back to the entry or
entries being filed under seal.
(ii) Within 7 days after service of such notice, the party or entity
desiring that the material be maintained under seal must file
a motion to seal, supporting memorandum and proposed
order in accordance with Section V.G.1 of the Policy Manual.
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(iii) Documents submitted under seal in accordance with this
subsection will remain under seal pending the court’s ruling
on the motion to seal. If no motion to seal is filed, the
material may be unsealed and made public by the clerk’s
office without further notice or order of the court.
(f) Pursuant to Standing Order No. 09-SO-2, any document referencing
the substantial assistance of a defendant in a criminal case must be
filed under seal without the necessity of a motion to seal.
2. Ex Parte Documents
(a) Except for those ex parte motions filed pursuant to Rule 17(b)
and 49.1 of the Federal Rules of Criminal Procedure, ex parte
docket entries and the corresponding documents are visible to
the public, but the NEF is only transmitted to the filing attorney
and the court.
(b) The filing party must docket the ex parte document using the
CM/ECF events specifically created for ex parte documents. If an
order is to be entered ex parte, the caption of the proposed order
must be entitled Ex Parte Order.
(i) Requests for subpoenas pursuant to Rule 17(b) of the Federal
Rules of Criminal Procedure must be docketed using the
event Ex Parte Motion for Issuance of Subpoena,
specifically created for this request. The proposed order,
entitled Ex Parte Order, must be attached. A generic docket
entry (Ex Parte Motion) will be created and will be public.
The corresponding documents will not be viewable to the
public. The NEF is restricted to court users and the primary
email address for the attorney for the filing party.
(ii) Ex Parte Applications for Authorization and Payment for
Investigative, Expert or Other Services pursuant to the
Criminal Justice Act and Rule 49.1 of the Federal Rules of
Criminal Procedure must be filed in camera. The motion
must be docketed using the event Ex Parte Motion for
Investigative, Expert or Other Services specifically created
for these applications. The proposed order, entitled Ex Parte
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Order, must be attached. Neither the docket entry nor the
document will be viewable to the public. The NEF is
restricted to court users and the primary email address for the
attorney for the filing party.
(iii) An ex parte motion for temporary restraining order pursuant
to Rule 65(b) of the Federal Rules of Civil Procedure must be
docketed using the event Ex Parte Motion for TRO. The
proposed order, entitled Ex Parte Temporary Restraining
Order, must be attached. The docket entry (Ex Parte
Motion) and corresponding document will be viewable to the
public, but the NEF will only be transmitted to the filing
attorney and the court. If the ex parte motion is incorrectly
filed under the non-ex parte event Motion for Temporary
Restraining Order, an NEF will issue to any counsel who
has appeared in the case or who has added the case to his or
her CM/ECF account.
(iv) All other ex parte motions must be docketed using the event
Ex Parte Motion. The proposed order must be attached to the
motion. If the order is to be entered ex parte, the caption of
the proposed order must be entitled Ex Parte Order. A
generic docket entry (Ex Parte Motion) will be created and
will be viewable to the public. The corresponding documents
will be viewable to the public, but the NEF will only be
transmitted to the filing user and the court.
(c) Excluding those documents filed in accordance with (b)(i) and (ii) of
this subsection, a party desiring to seal an ex parte document or
docket entry must file a motion to seal in accordance with Section
V.G.1 of this Policy Manual. The filing party must use the event Ex
Parte Motion to Seal when the motion to seal is filed ex parte. The
docket entry (Ex Parte Motion to Seal) and corresponding document
are viewable to the public, but the NEF is only transmitted to the
filing user and the court.
3. In Camera Submissions
Unless otherwise instructed by the court, submissions made for in camera
review must be submitted in paper form to the clerk’s office for possible
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entry into CM/ECF. Counsel must electronically file a Notice of Filing of
the in camera submission. At the court’s direction, the clerk’s office will
enter an in camera document into CM/ECF using the event In Camera
Submission. Neither the docket entry nor the document will be viewable to
the public and no NEF will be transmitted.
4. Sealed Cases
In accordance with Section V.A.3 of this Policy Manual, new civil cases that
are to be sealed in their entirety (i.e., Qui Tam civil cases) must be filed in
paper and opened by the clerk’s office. The case must also be accompanied
by a motion to seal, in compliance with Section V.G. of this Policy Manual,
and a courtesy copy for the judge. While the case is sealed, all filings must
be submitted to the clerk’s office in paper for entry into CM/ECF. The sealed
case will not be viewable to the public in CM/ECF. A search of the party
names will not reveal the identity of the sealed case name or number. A
search of the sealed number will result in the following message: THIS
CASE IS SEALED.
H. Filing of Motions Requesting Immediate Attention
When a party files a motion seeking emergency relief (i.e., motion for temporary
restraining order or preliminary injunction), the party must contact the clerk’s office
at 919-645-1700 to notify the court of such a filing.
I. Orders and Judgments
1. Generally
All orders and judgments will be filed electronically. Any order signed
electronically will have the same force and effect as if the judge or clerk of
court had affixed his or her signature on the paper. Electronic filing of an
order or judgment will constitute entry on the docket in accordance with Rule
58 and Rule 79 of the Federal Rules of Civil Procedure and Rule 49 and Rule
55 of the Federal Rules of Criminal Procedure.
2. Text Orders
Orders may be entered by a judge or the clerk of court in a text-only docket
entry. In such instances, a PDF document will not be associated with the
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docket entry. Text orders are official and binding. The docket text located
in the NEF will constitute notice to the filing users and receiving users of the
entry of the order. Unless otherwise ordered by the court, the clerk’s office
will serve a copy of the text order in paper form to parties not authorized to
receive an NEF.
3. Proposed Orders
A proposed order should be filed as an attachment to the underlying motion
seeking entry of the order. In addition, filers should check the district’s
website for any judge specific preferences regarding proposed orders.
Parties must file a proposed order with any non-dispositive motion to
expedite the process in accordance with Local Civil Rule 7.1(b)(3).
4. Protective Orders
All proposed protective orders submitted to the court must contain the
language in Section V.G.1(a)(i) through (iv) with respect to the filing of
sealed material. Filers should also review the judge’s practice preferences
for additional requirements.
J. Corrections in CM/ECF
Once a transaction has been accepted in CM/ECF and an NEF has been generated,
the filer is not permitted to make changes to the document or docket entry. As soon
as a filer discovers that an error has been made, he or she should contact the judge’s
case manager with the case number and document number for which the correction
is being requested for direction. The filer should not attempt to refile the document
unless instructed by the clerk’s office to do so.
K. Technical Failures
1. CM/ECF Technical Failure
The Eastern District of North Carolina’s CM/ECF website will be considered
a “technical failure” if the site is unable to accept filings continuously or
intermittently over the course of any period of time greater than one hour
after 10:00 A.M. Eastern Standard Time on a given day. The following
methods are acceptable alternate means for filing documents in the event of
a technical failure:
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(a) Sending a PDF attachment(s) of the documents to the email address
for technical failures (
[email protected]).
This email address will only be monitored by the court upon
confirmation of a technical failure within the court’s CM/ECF site.
(b) Seeking appropriate relief from the court to deem the document
timely filed. Filers are cautioned that the federal rules preclude
extensions of time in some circumstances.
2. Scheduled Maintenance by the Court
The court’s scheduled routine maintenance will not be considered a technical
difficulty as the maintenance will be scheduled in advance and posted on the
district’s website sufficiently ahead of time.
3. Technical Failure of the Filing User
Problems of the filing user, such as failure with the filer’s phone line, internet
service provider, or hardware and software, will not constitute a technical
failure. A filing user who cannot file documents electronically because of a
problem on the filer’s side may file the document manually accompanied by
a motion for leave to file in paper form. The motion must state the reason
for not filing the document electronically and include a proposed order.
4. Court Contact for Technical Failure
A filer who is experiencing difficulty filing in CM/ECF should call the
CM/ECF Helpdesk at 1-866-855-8894 to determine whether there is a
technical failure as defined in this section. The Helpdesk is staffed only
during regular business hours.
VI. SERVICE
A. Generally
1. Rule 6 of the Federal Rules of Civil Procedure and Rule 45 of the Federal
Rules of Criminal Procedure govern the computation of time.
2. A civil summons must be served in accordance with Rule 4 of the Federal
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Rules of Civil Procedure and cannot be served electronically through
CM/ECF.
B. Certificate of Service
All documents filed in the Eastern District of North Carolina that are required to be
served pursuant to Rule 5 of the Federal Rules of Civil Procedure and Rule 49 of the
Federal Rules of Criminal Procedure, whether filed by electronic means or manually
in paper, must include a certificate of service identifying the document that is being
served, the individuals being served and the date and manner of service. A
certificate of service is required on joint filings, such as joint motions or stipulations.
See Form A.
C. Service of a Document by Electronic Means
1. Upon the electronic filing of a document, the court’s CM/ECF system will
automatically generate and send an NEF to all filing users and receiving
users associated with that case. Transmission of the NEF will constitute
service upon all filing and receiving users who are listed as recipients of
notice of by electronic mail, and will be deemed to satisfy the requirements
of Rules 5(b)(2)(D), 5(b)(3) and 77(d) of the Federal Rules of Civil
Procedure and Rule 49(b) of the Federal Rules of Criminal Procedure.
2. Attorneys who are permitted to practice in the Eastern District of North
Carolina in accordance with Local Civil Rule 83.1 and Local Criminal Rule
57.1 are required to become filing users in CM/ECF and must electronically
file a notice of appearance as counsel of record in order to receive electronic
notification of a filing through the NEF.
3. When multiple attorneys in a law firm appear in a case, and at least one
attorney is a filing user, service of any court-generated document (i.e. orders,
notices, etc.) will only be made on the attorney(s) registered in CM/ECF. It
is the responsibility of the law firm’s filing users to notify and serve all other
firm members appearing in the case who are not receiving electronic
notification. The non-registered attorneys will not receive paper copies from
the court.
D. Service of a Document by Conventional Means
Pro se litigants who have not consented to electronic noticing and attorneys exempt
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from filing electronically pursuant to Section V.A.2 must serve and be served with
all filings by other means in accordance with the federal rules.
F. Service of a Sealed Document
1. Criminal
A party cannot serve a sealed criminal document through CM/ECF.
Although filing users and receiving users who have appeared in the case will
receive an NEF when a sealed document is filed, the recipient will not be
able to access the document through the NEF. Service of criminal sealed
documents must be made by other means in accordance with the federal rules
and such service must be reflected in the certificate of service.
2. Civil
A filing user can serve a civil sealed document through CM/ECF provided a
sealed CM/ECF event is used to docket it. The filer must select the parties
authorized to view the document through the NEF, including his or her own
party. If the authorized party is a receiving user, the primary email address
for the authorized party will be able to access the document through the NEF.
If the authorized party is represented by counsel, the primary email address
for counsel of record for the authorized party will be able to access the
document through the NEF. All other NEF recipients, including the
secondary email addresses for the authorized party, will not be able to access
the document through the NEF. Pro se litigants who have not consented
to electronic service and attorneys exempt from electronic filing
pursuant to Section V.A.2 must be served by other means in accordance
with the federal rules and such service must be reflected in the certificate
of service. See Form A.
VII. ACCESS TO ELECTRONICALLY STORED DOCUMENTS
A. NEF Access
Filing users and receiving users who are permitted access to the filed document
through the NEF may have one free look at the document through the hyperlink in
the NEF. All filing users and receiving users are encouraged to print or save the
document during the free look. The NEF hyperlink will expire with the first use of
the hyperlink or 15 days from the date of the NEF, whichever occurs first. After the
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hyperlink has expired the filing user or receiving user will be asked for a PACER
login and password and will be charged to view the document.
B. Public Access at the Court
Unless subject to an exception set forth below, the electronic docket and documents
filed in CM/ECF are available for viewing at no charge at the public terminals in the
clerk’s office during regular business hours.
C. Public Internet Access
1. Criminal
(a) Remote public access is available for criminal cases filed after
November 1, 2004, except for those documents cited in Rule 49.1 of
the Federal Rules of Criminal Procedure as not being available to the
public, either remotely or at the courthouse.
(b) Pursuant to Standing Order No. 09-SO-2, there is no remote public
access to plea agreements filed after August 28, 2009. The public
may have access to the filed plea agreements at the public terminals
in the clerk’s office, subject to existing rules regarding these access
methods.
2. Civil
Pursuant to Rule 5.2 of the Federal Rules of Civil Procedure, unless the court
orders otherwise, in an action for benefits under the Social Security Act, or
in an immigration proceeding relating to an order of removal, to relief for
removal or to immigration benefits or detention, access to an electronic file
is authorized as follows:
(a) The party or their attorney may have remote electronic access to
any part of the case file, including the administrative record;
(b) Any other person may only have remote electronic access to the
docket sheet and any opinion, order or judgment.
(c) The public may have access to these records at the public terminals
in the clerk’s office.
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3. Transcripts
Pursuant to the policy promulgated by the Judicial Conference of the United
States, the electronic availability of transcripts of court proceedings is as
follows:
(a) A transcript filed by the court reporter in CM/ECF will be available
for viewing only at the public
