UNITED STATES DISTRICT COURT MIDDLE
DISTRICT OF NORTH CAROLINA
This manual is in the process of being updated.
For the list of current CM/ECF mailboxes for judges' case managers, please go to:
https://www.ncmd.uscourts.gov/cmecf-mailboxes-proposed-orders
ELECTRONIC CASE FILING ADMINISTRATIVE POLICIES AND
PROCEDURES MANUAL
Revised January 12, 2021
Table of Contents
Glossary of Terms .................................................................................................................... 2
A. General Information .......................................................................................................... 3
B. Registration & Passwords – Attorneys and Pro Se Parties .............................................. 4
C. Filing and Service of Civil Case Opening Documents ..................................................... 6
D. Electronic Filing ................................................................................................................ 7
E. Service of Electronically Filed Documents ....................................................................... 8
F. Deadlines ............................................................................................................................ 9
G. Special Filing Requirements and Exceptions ................................................................... 9
H. Hyperlinks in Documents ................................................................................................ 10
I. Signature .......................................................................................................................... 11
J. Privacy .............................................................................................................................. 13
K. Attachments to Filings and Exhibits (other than hearing and trial exhibits) ............... 13
L. Orders and Judgments ..................................................................................................... 15
M. Correcting Docket Entries ............................................................................................... 17
N. Transcripts........................................................................................................................ 18
O. Facsimile Transmissions ................................................................................................. 18
P. Technical Failures ........................................................................................................... 18
Q. Access to Electronically Stored Documents .................................................................... 19
Form A.................................................................................................................................... 21
Form B ................................................................................................................................... 22
Form C.................................................................................................................................... 23
Form D ................................................................................................................................... 24
Form E.................................................................................................................................... 25
Form F.................................................................................................................................... 26
Form G ................................................................................................................................... 27
UNITED STATES DISTRICT COURT MIDDLE
DISTRICT OF NORTH CAROLINA
ADMINISTRATIVE PROCEDURES GOVERNING
THE FILING AND SERVICE BY ELECTRONIC MEANS
ELECTRONIC FILING AND PDF DOCUMENTS
Local Rule 5.3 requires electronic filing in conjunction with Federal Rules of Civil
Procedure 5(d) (3) and 83 and Federal Rules of Criminal Procedure 49 and 57. The following
procedures govern electronic filing in this district unless, due to extraordinary circumstances in
a particular case, a judicial officer determines that these policies and procedures should be
modified in the interest of justice.
Electronic filing is the process of uploading a document from the registered user’s
computer, and then using the Court’s internet-based case management/electronic case files
(CM/ECF) system to file the document in the Court’s electronic case file.
The ECF system only accepts documents in a portable document format (PDF). The two types
of PDF documents that are accepted for filing in CM/ECF are as follows:
1. Electronically converted PDFs are created from word processing documents
(MS Word®, WordPerfect® etc.) using Adobe Acrobat® or similar
software. They are text searchable and their file size is small.
2. Scanned PDF’s are created from paper documents processed through an optical
scanner. Most scanned PDFs are not searchable and have a large file size. Because
documents scanned in color or containing a graphic take much longer to upload,
filing parties must configure their scanners to scan documents at 300 dpi and in
black and white rather than in color. Documents appearing in color in their original
form, such as color photographs, may be scanned in color and then uploaded to
CM/ECF.
Glossary of Terms
Clerk’s Office – The office of the Middle District of North Carolina that serves as the
official custodian of the records and assists the public with filing.
CM/ECF or CM/ECF system – The Case Management/Electronic Case Filing system that
serves as the official filing record in the Middle District of North Carolina.
Conventionally – Filing a document with the in paper either in person with the Clerk’s Office or
by mail.
Duplicate Payment – Electronic payment that is inadvertently made twice in the CM/ECF
system.
Filing User – An attorney who is registered to file electronically or a pro se party who has filed a
motion and received approval of the assigned Judge to file electronically in a particular case.
NEF – Notice of Electronic Filing email that is generated by the CM/ECF system to all Filing
Users and Registered Users as notice of a filed pleading or activity in a federal court case.
Non-Registered Party – A party who does not file electronically nor receive electronic service
of documents by CM/ECF.
Registered User – A pro se party who has consented to receive electronic service of documents
to the extent and in the manner authorized by the Federal Rules of Civil Procedure, the Federal
Rules of Criminal Procedure, and the Local Rules and signed an Authorization Form to Receive
Documents Electronically.
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A. General Information
(1) Effective March 1, 2005, registered CM/ECF users were authorized to file
documents electronically, except those exempted in Section G of the
administrative procedures. Effective January 1, 2006, attorneys were
required to use CM/ECF to file all documents not otherwise exempted.
(2) Any document electronically filed or converted by the United States District
Court for the Middle District of North Carolina (Clerk’s Office) to electronic
format on or after March 1, 2005 shall be the official record of the Court. As
such, the Clerk’s Office will not maintain a paper record for these documents.
(3) All documents filed by electronic means must comply with technical standards,
if any, established by the Judicial Conference of the United States or by this
Court.
(4) A case filed under seal will be sealed electronically in CM/ECF until the assigned
Judge orders the case unsealed.
(5) An attorney may for good cause move to file documents conventionally. Even
if the assigned judge initially grants an attorney permission to file documents
conventionally, the assigned judge may withdraw that permission at any time
during the pendency of a case and require the attorney to file documents
electronically using the CM/ECF system.
(6) The Clerk’s Office or any assigned judge of this Court may deviate from these
procedures in specific cases, without prior notice, if deemed appropriate in the
exercise of discretion, considering the need for the just, speedy, and
inexpensive determination of matters pending before the Court. The Court
may also amend these procedures at any time without prior notice.
(7) Nothing in these Administrative Procedures shall be construed to nullify or
contradict the provision set forth in Rule 26.1 of the Local Rules of Civil
Procedure, directing that interrogatories, requests for production and inspection
and requests for admission under Rules 33, 34 and 35 of the Federal Rules of
Civil Procedure; that answers, responses and objections to interrogatories pursuant
to Rules 34 and 36; and, notices of depositions and depositions, under Rules 30
and 31 of Federal Rules of Civil Procedure, shall not be filed with the Court
pursuant to Local Rule 26.1(b)(3).
(8) Nothing in these Administrative Procedures shall be construed to nullify or
contradict the provisions set forth in Rule 79 of the Federal Rules of Civil
Procedure and Rule 55 of the Federal Rules of Criminal Procedure, both of
which require the Clerk of Court to maintain custody of records in a manner
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prescribed by the Director of the Administrative Office of the U.S. Courts.
(9) All cases filed in the CM/ECF system in which a notice of appeal is filed shall
be governed by Rule 10 of the Federal Rules of Appellate Procedure and
relevant Local Rules and internal operating procedures of the United States
Court of Appeals for the Fourth Circuit, with any differences about whether the
record truly discloses what occurred in the district court to be submitted to and
settled by the assigned judge. Cases in which there is a right of direct appeal to
the United States Supreme Court shall be governed by the rules of the United
States Supreme Court.
(10) Nothing in this Electronic Case Filing and Administrative Policies and
Procedures Manual supersedes the Federal Rules of Civil Procedure,
Federal Rules of Criminal Procedure, or the Local Rules of this district.
(11) 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 Filing User(s). It is the responsibility of the law
firm’s electronic users to notify and serve all other firm members appearing in
the case who are not receiving paper copies from the Court.
(12) An attorney who enters a case after the case initiating document and response
have been filed shall file a Notice of Appearance, which will include the
attorney’s name and the name of the attorney’s law firm. The attorney also shall
file contemporaneously a disclosure statement in accordance with Federal Rules
of Civil Procedure 7.1 and Federal Rules of Criminal Procedure 12.4, unless
already filed by the lead attorney. An attorney may not file a notice of
appearance on behalf of another attorney. Each attorney must file his or her own
notice of appearance.
B. Registration & Passwords – Attorneys and Pro Se Parties
(1) Attorneys admitted to the bar of this Court, including attorneys appearing by
special appearance pursuant to Local Rule 83.1, shall register as Filing Users of
the Court's CM/ECF system prior to filing any pleadings. Registration shall be
submitted on an Attorney Registration Form, a copy of which is on the Court’s
web page (www.ncmd.uscourts.gov). All signed original Attorney Registration
Forms shall be mailed to the United States District Court, Middle District of
North Carolina, 324 West Market Street, Greensboro, N.C. 27401.
(2) The Court will issue passwords only to attorneys in good standing. To be in
good standing, an attorney must meet the requirements in Local Rule 83.1.
(3) A party who is not represented by counsel must file documents with the Clerk’s
Office conventionally, unless otherwise authorized by this Court.
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(4) Upon the approval of the assigned judge, a party to a case who is not represented
by an attorney (pro se party) may register as a Filing User in the CM/ECF system
solely for the purpose of the action. Registration is in a form prescribed by the
Clerk of Court and requires identification of the case as well as the name,
address, telephone number and Internet e-mail address of the party. If, during
the course of the case, the party retains an attorney who appears on the party’s
behalf, the attorney must advise the Clerk of Court to terminate the party’s
registration as a Filing User upon the attorney’s appearance. Termination of the
pro se party’s access as a Filing User will automatically occur at the close of the
case.
(5) A pro se party (non-prisoner) may consent to receive service of documents and
NEFs to the extent and in the manner authorized by the Federal Rules of Civil
Procedure, the Federal Rules of Criminal Procedure, and the Local Rules of this
Court (Registered User). Consent must be given by completion of an
“Authorization Form to Receive Documents Electronically” available on the
Court’s website. See Form A in the Forms Section of these Administrative
Procedures. Consent may only be provided in a particular case and may be
revoked by the pro se party at any time upon written notice to the Clerk’s office.
Sealed documents must continue to be served in a conventional manner.
(6) A Filing User shall not allow another person to file a document using the users
log-in and password, except for an authorized agent of the Filing User. Use of a
Filing User’s log-in and password by a staff member shall be deemed to be the
act of the registered user. Once registered, the Filing User shall be responsible
for all documents filed with his or her password.
(7) Registration in CM/ECF as a Filing User or a Registered User constitutes
consent to service of all documents by electronic means as provided in these
procedures and in accordance with the Federal Rules.
(8) An attorney whose mailing address, telephone number, or fax number has
changed from the original Attorney Registration Form shall notify the Clerk’s
Office in writing. The Clerk’s Office will update the CM/ECF system
accordingly. If that attorney has active cases pending with the Court, the
attorney shall send a copy of the notice to all other counsel and/or parties in
each active case.
(9) All pro se parties whose mailing address has changed from the time of the case
opening must file a Notice of Change of Address with the Clerk’s Office.
Once filed, they shall serve a copy of the Notice on all other counsel and/or
parties in their case. See Local Rule 11.1.
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(10) After registering, Filing Users may change their passwords. If a Filing User
believes that the security of an existing password has been compromised and
that a threat to the system exists, the Filing User shall change his or her
password immediately.
C. Filing and Service of Civil Case Opening Documents
(1) New cases are deemed filed the day the Clerk’s Office receives the
complaint accompanied by either a completed In Forma Pauperis
Application or the required filing fee.
(2) Except for cases requesting to be placed under seal, cases shall be filed
electronically using the CM/ECF system with filing fees being paid online (i.e.,
using a credit card or debit card with a credit card symbol) contemporaneously
with the electronic case opening via the pay.gov application. The pay.gov link
will appear when docketing the case initiating event (i.e., complaint, notice of
removal, etc.)
(3) Except for duplicate payments, the Clerk’s Office will not make any filing fee
refunds without an order from the Court. Counsel must move for a refund (using
the CM/ECF event “Motion For Refund of Fees Paid Electronically”) and attach
a proposed order. If a duplicate payment is made during case opening, contact
the Clerk’s Office immediately. Once verified by the Clerk’s Office, a refund
will be initiated.
(4) When filing a case with a motion for a temporary restraining order (TRO), the
filing attorney shall notify the Clerk of Court by telephone that a TRO will be
filed. The filing attorney should be prepared to appear in person at the
Greensboro or Winston-Salem Courthouse should the Court request an
immediate hearing. The filer shall submit via e-mail to the Clerk at
[email protected] WordPerfect or Word versions of any proposed
order, including the TRO and preliminary injunction.
(5) When filing a case that is related to another case in this district, the filing
attorney shall disclose the related case when prompted in CM/ECF.
(6) If a case cannot be filed electronically due to technical difficulties, please refer to
Section P of these Administrative Procedures. Problems with the online credit
card program (Pay.gov) can be addressed by calling Pay.gov at 1-800-624-1373.
If you are unable to docket the complaint or notice of removal after two attempts
in one hour increments after 10:00 a.m. that day, you may e-mail the complaint in
PDF format to
[email protected]. Please contact the Clerk’s
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Office at 336-332-6000 after doing so. Filing users are cautioned that, in some
circumstances, the Court lacks the authority to grant an extension of time to file
(e.g., Rule 6(b) of the Federal Rules of Civil Procedure).
(7) Counsel should complete the summons (form is located on the Court’s website
under the Forms tab) in Adobe® interactive format (located in our forms
directory at our website) and e-mail it to
[email protected]. The
Clerk’s Office will electronically issue the summons(es) and e-mail them to the
attorney who initiated the action. They should be printed for service. Filing
Users will receive a NEF that summons have issued. Because Federal Rule of
Civil Procedure 5(b) does not permit electronic service of process for purposes
of obtaining personal jurisdiction, service of process must be performed in the
traditional manner in accordance with the Federal Rules.
D. Electronic Filing
(1) Electronic transmission of a document to the CM/ECF system, together with the
transmission of a Notice of Electronic Filing (NEF) from the Court, constitutes
filing of the document for all purposes of the Federal Rules of Civil Procedure
and constitutes entry of the document on the docket maintained by the Clerk of
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) A document filed electronically shall be deemed filed at the time and date
stated on the NEF received from the Court.
(3) A document will be deemed timely filed if filed prior to midnight Eastern
Standard Time. However, if the time of day is of the essence, the assigned judge
may order that a document be filed by a time certain.
(4) If filing a document requires leave of the Court, such as an amended complaint,
the attorney shall attach the proposed document as an attachment to the motion
according to procedures in Section K of these Administrative Procedures. If
the Court grants the motion, the order may direct the attorney to file the
document electronically with the Court.
(5) The Clerk’s Office shall not maintain an official paper Court file in any case
begun after the effective date of these procedures except as otherwise provided
in these procedures. The official Court record shall be the electronic file
maintained on CM/ECF. The official record shall include any conventional
documents or exhibits filed in accordance with these procedures.
(6) All pleadings and documents filed electronically shall be transmitted in the form
prescribed by Rule 10(a) of the Federal Rules of Civil Procedure and Local Rule
7.1 of this Court. All pleadings filed electronically should, when possible, be
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titled in accordance with the approved dictionary of civil or criminal events of
the CM/ECF system of this Court.
E. Service of Electronically Filed Documents
(1) Whenever a pleading or other document is filed electronically, the CM/ECF
system will automatically generate and send a NEF to all Filing and Registered
Users. The user filing the document shall retain a paper or digital copy of the
NEF, which shall serve as the Court's date-stamp and proof of filing.
If a document is filed electronically under seal, the Filing User can select
applicable parties of record to receive the NEF and access the related document.
To view a sealed document from the NEF, the Filing User who has been given
access must enter their CM/ECF (not PACER) login ID and password.
Registered Users do not have access to view sealed documents in CM/ECF.
Filing Users who have not been selected for document access in CM/ECF, or a
pro se party to the case (including Registered Users), must be served a paper
copy of a sealed document in a conventional manner.
(2) Parties who have not yet registered as a Filing User and pro se litigants who
have not registered as a Registered User shall be served a paper copy of any
electronically filed pleading or other document in accordance with the
provisions of Rule 5 of the Federal Rules of Civil Procedure. The filing party
may include the “Notice of Electronic Filing” to provide the recipient with
proof of the filing. See Form C in the Forms Section of these Administrative
Procedures for format of certificate of service that should be used.
(3) Transmission of the NEF shall constitute service of the filed document and
shall be deemed to satisfy the requirements of Rules 5(b)(2)(D) and 77(d) of
the Federal Rules of Civil Procedure, Rule 49(b) of the Federal Rules of
Criminal Procedure, and Local Rule 5.3 (b)(2).
(4) All documents filed using the CM/ECF system shall include a certificate of
service identifying the manner in which the service on each party was
accomplished. A sample certificate of service form is attached as Form B in
the Forms Section of these Administrative Procedures.
(5) A filer who is permitted to hand deliver a document to the Clerk’s Office for
scanning and uploading to the System must serve conventional copies on all
Non-Registered Parties to the case.
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F. Deadlines
Filing documents electronically does not in any way alter any filing deadlines. All
electronic transmissions of documents must be completed prior to midnight, Eastern
Standard Time, in order to be considered timely filed that day. For example, 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. The NEF will note the official date and
time of filing. Where a specific time of day deadline is set by Court order or
stipulation, the electronic filing must be completed by that time.
G. Special Filing Requirements and Exceptions
(1) The following documents shall be filed conventionally.
(a) All handwritten pleadings;
(b) Sealed and Qui Tam Cases;
(c) The state court record and other Rule 5 materials in habeas corpus
cases filed in 28 U.S.C. § 2254 proceedings;
(d) Consent to Proceed before Magistrate Judge.
(e) All pleadings and documents filed by pro se litigants (prisoner and non-
prisoner);
(f) The charging document in a criminal case, such as the complaint,
indictment, and information, as well as the criminal synopsis
form;
(g) Applications/Affidavits for search and arrest warrants and related
papers;
(h) CJA 7 (Order Terminating Appointment of Counsel,
(i) Fed. R. Crim. P.20 and Fed. R. Crim. P. 5 papers received from another
court;
(j) Any pleading or document in a criminal case containing the signature of
a defendant, such as Appearance Bonds, Orders Setting Conditions of
Release, a Waiver of Indictment or Plea Agreement, letters from a
defendant requesting specific relief;
(k) Petitions for violations of supervised release;
(l) All pleadings and documents filed by attorneys who have obtained
leave of the Court to file in paper form; and
(m) Rule 4 executed service of process documents from the United States
Marshal Service.
(2) Pretrial service reports are electronically filed by the United States Probation
Office under seal. The filer shall authorize access to the applicable parties who
shall receive a NEF. Upon the filing of a Waiver of Detention Hearing or at the
conclusion of the detention hearing the Clerk’s Office shall reset access to the
documents to court users only.
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(3) All Presentence Investigation Reports, Objections to Presentence Investigation
Reports, and Position of Parties with Respect to Sentencing Factors Reports are
electronically filed under seal. The filer shall authorize access to the applicable
parties who shall receive a NEF.
(4) Psychiatric and psychological reports received by the Clerk’s Office in criminal
cases are scanned, and then filed under seal, unless ordered by the Court.
(5) Settlement position papers, when required for cases on the Master Calendar and
requested, shall be e-mailed to the trial Judge’s e-mail address listed in Section L
of these Administrative Procedures.
(6) A document subject to an existing sealing order or sealing statute shall be filed
electronically under seal. A motion to file any document under seal shall be filed
pursuant to Local Rule 5.4 and in accordance with the Court’s Sealed Document
Guidance located on the Court’s website. A proposed order shall be submitted to
the appropriate Judge’s e-mail address listed in Section L of these Administrative
Procedures. In addition, a L.R. 5.4(d) Checklist and Summary Chart must be
submitted to the assigned District Judge’s ECF mailbox within 3 business days and
if not already filed, a L.R. 5.5 Report should be filed within 10 days pursuant to
L.R. 5-4 and the Sealed Document Guidance located on the Court’s website.
All parties must bear ultimate responsibility for ensuring that information is
properly redacted and/or sealed. Refer to Section E of these Administrative
Procedures for service of sealed documents.
H. Hyperlinks in Documents
(1) Electronically filed documents may contain the following types of hyperlinks:
a. Hyperlinks to other portions of the same document;
b. Hyperlinks to a document filed in the Court’s CM/ECF system;
c. Hyperlinks to a document filed in another court’s CM/ECF system;
and
d. Hyperlinks to a location on the Internet that contains a source
document for citation.
(2) Hyperlinks to personal websites, inclusive of law firms, are forbidden.
(3) The Court is appreciative of attorneys using hyperlinks so that their citations
may be more easily referenced. Hyperlinks allow immediate access by the
reader to the referenced materials saving time and providing pinpoint access to
pertinent information.
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(4) Hyperlinks to cited authority may not replace standard citation format. Complete
citations must be included in the text of a filed document in accordance with
Local Rule 7.2. Neither a hyperlink, nor any site to which it refers, must be
considered part of the record. Hyperlinks are simply convenient mechanisms for
accessing material cited in a filed document.
(5) A user cannot access a hyperlink to a restricted document (e.g., a private
entry, sealed document) unless the user has appropriate permissions.
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.
I. Signature
(1) Attorneys. The user log-in and password required to submit documents to the
CM/ECF system shall serve as that user's signature for purposes of Fed. R. Civ.
P. 11 and for all other purposes under the Federal Rules of Civil and Criminal
Procedures and the Local Rules of this Court. All electronically filed documents
must include a signature block and must set forth the attorney's name, address,
telephone number, bar number and e-mail address and, for criminal cases,
whether the attorney was appointed or retained in the case. The name of the
Filing User under whose login and password the document is submitted must be
preceded by a “/s/” and typed in the space where the signature would otherwise
appear. The correct format for an attorney signature is as follows:
/s/ Judith Attorney
Judith Attorney Bar Number: 12345
Attorney for (Plaintiff/Defendant)
(for criminal cases, note if appointed or retained)
ABC Law Firm
123 South Street
Greensboro, North Carolina 27401
Telephone: (336) 123-4567
E-mail:
[email protected]
Any party challenging the authenticity of an electronically filed document or
the attorney’s signature on that document must file an objection to the
document within fourteen days of receiving the NEF.
(2) Special Appearance: Attorneys who are members in good standing of the bar of
the highest court of any state or the District of Columbia may practice in this
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Court for a particular case in association with a member of the bar of this Court.
See LR 83.1(d). A motion is not required to appear by special appearance.
An attorney who wants to appear by special appearance:
(a) Shall register as a filing user with the Court's CM/ECF system by
completing the Electronic Filing Attorney registration form that is
located on the Court’s website under the CM/ECF tab. See LR 5.3(c)
and Form D in the Forms Section of these Administrative Procedures.
(b) Shall electronically file a notice of appearance and identify the
associated member of the bar of this Court.
(c) Will not receive electronic notifications until the attorney is registered as
a Filing User with the Court’s CM/ECF system and has made a Notice
of Appearance in the case.
By completing an Electronic Filing Attorney registration form, entering an
appearance, and complying with Section I(1) of these Administrative Procedures,
an attorney agrees to the requirements set forth in Local Rule 83.1(d) governing
special appearances.
(3) Non-Attorney Signature, Generally. If the document requires the signature of a
non-attorney, the filing party or the Clerk’s Office shall scan the original
document, and then electronically file it on the CM/ECF system. If an attorney
believes a document with original signatures has intrinsic value, the attorney
shall retain the original document until two (2) years after the expiration of the
time for filing a timely appeal of a final judgment or decree, or after receipt by
the Clerk of Court an order terminating the action on appeal.
(a) The electronically filed document as it is maintained on the Court’s
servers shall constitute the official version of that record. The Clerk’s
Office will discard all original documents received for filing two
months after they are scanned and uploaded to the system.
(b) A non-filing signatory or party who disputes the authenticity of an
electronically filed document with a non-attorney signature or the
authenticity of the signature on that document must file an objection to
the document within fourteen days of receiving the NEF.
(4) Multiple Signatures. The filing user of any document requiring more than
one signature (e.g., pleadings filed by visiting lawyers, stipulations, joint
status reports) must list thereon all the names of other signatories by means
of “/s/” block for each pursuant to Local Rule 5.3(4). By submitting such a
document, the filing attorney certifies that each of the other signatories has
expressly agreed to the form and substance of the document and that the
filing attorney has their actual authority to submit the document
electronically. The filing attorney shall retain any records evidencing this
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concurrence for future production, if necessary, until two (2) years after the
expiration of the time for filing a timely appeal of a final judgment or decree,
or after receipt by the Clerk of Court an order terminating the action on
appeal. A non-filing signatory or party who disputes the authenticity of an
electronically filed document containing multiple signatures must file an
objection to the document within fourteen days of the date on the Notice of
Electronic Filing.
(5) Affidavits. Except as provided in Section G (2) (d), affidavits shall be filed
electronically. The filing party shall scan the original signed affidavit, then
electronically file it in the CM/ECF system. The filing attorney shall retain the
original for future production, if necessary, for two (2) years after the expiration
of the time for filing a timely appeal of a final judgment or decree, or after
receipt by the Clerk of Court an order terminating the action on appeal.
J. Privacy
Unless otherwise ordered by the Court, pursuant to Federal Rules of Civil Procedure
5.2 and Federal Rules of Criminal Procedure 49.1, the filing attorney shall modify
certain personal data identifiers in pleadings and other papers as follows:
(1) Names of minor children: Use of the minors' initials only;
(2) Social Security numbers: Only the last four digits shall be used;
(3) Dates of birth: Only the year of birth shall be used;
(4) Financial account numbers: Identify the type of account and the
financial institution, but use only the last four numbers of the account
number; and
(5) Home addresses (criminal cases only): Only the city and state shall be used.
It is not the responsibility of the Clerk’s Office to review each document to determine
if pleadings have been modified and are in the proper form. All parties bear ultimate
responsibility for ensuring that information is properly redacted and/or sealed. Refer
to Section E (1) for service of sealed documents.
K. Attachments to Filings and Exhibits (other than hearing and trial exhibits)
(1) GENERALLY
(a) Attachments to filings and exhibits must be filed in accordance with
the Court’s CM/ECF User’s Manual, unless otherwise ordered by the
Court.
(b) A Filing User must submit as attachments only those excerpts of the
referenced documents that are directly germane to the matter under
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consideration by the Court. Excerpted material must be clearly and
prominently identified as such. Users who file excerpts of documents
do so without prejudice to their right to timely file additional excerpts
or the complete document, as may be allowed by the Court. Responding
parties may timely file additional excerpts or the complete document
that they believe are directly germane.
(c) Filing Users shall not attach as an exhibit any pleading or other paper
already on file with the Court in that case, but shall merely refer to that
document.
(d) All exhibits and attachments, whether filed electronically or
conventionally, must contain on their face a prominent exhibit
number or exhibit letter.
(e) Attachments and exhibits must be identified with a clear and
complete description of the document. (Example: Exhibit 1 is
insufficient. Affidavit of James Johnson would meet the
requirement).
(f) If one or more attachments or exhibits to a motion, brief, or other
electronically filed documents are being submitted conventionally
pursuant to Section K(1)(a), the motion, brief, or other document must
contain a notice of that fact in its text. For example:
(Exhibits 1, 2 and 3 to this Motion are filed electronically; Exhibits 4 and
5 are filed conventionally)
or
(All exhibits to this brief are filed in paper form.)
(g) For guidance on tabbing and submission of working copies of any
pleading which has an appendix and/or exhibits, see Local Rule 5.1 and
the Court’s Judicial Preferences set forth on the Court’s website.
(2) EVIDENCE NOT IN SUPPORT OF A MOTION. This section applies to
exhibits other than those submitted in support of a motion (example: an
attachment to a complaint). Exhibits submitted in support of a motion are
governed by Section K (3) of these procedures.
(a) A Filing User should scan or electronically image a paper exhibit and
submit the exhibit as a PDF file as an attachment to the main pleading.
(b) The Filing User is required to verify the readability of scanned
14
documents before filing them electronically with the Court.
(c) A party may conventionally submit exhibits which are not available in
electronic form. See Form E or F in the Forms Section of these
Administrative Procedures. Exhibits submitted conventionally shall be
served on other parties by the Filing User.
(3) EVIDENCE IN SUPPORT OF A MOTION. In general, evidence in
support of a motion should not be filed conventionally, but rather, be filed
electronically.
(a) If possible, however, a filing party should electronically image, i.e.,
“scan,” a paper exhibit that is less than two megabytes (approximately
forty-five pages of PDF text), and submit the exhibit as a PDF file.
Because PDF files containing scanned documents utilize considerably
more space on the System than PDF files containing electronically
generated documents, filing parties may submit PDF files containing
scanned documents of more than two megabytes only if they are filed in
separate two-megabyte segments.
(b) The Filing User is required to verify the readability of scanned
documents before filing them electronically with the Court.
(c) A party submitting evidentiary materials in conventional format shall
also file in conventional format an index of evidence listing each item
of evidence then being filed and identifying the motion to which it
relates.
(d) Copies of conventionally filed supporting materials shall be served
on other parties as if not subject to electronic filing procedures.
L. Orders and Judgments
(1) All orders, decrees, judgments and proceedings of this Court will be filed in
accordance with these rules which constitute filing of the document for all
purposes of the Federal Rules of Civil Procedure and constitute entry of the
document on the docket maintained by the Clerk of 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. The assigned Judge or the Clerk’s
Office shall electronically file all signed orders. Any order signed
electronically has the same force and effect as if the Judge had affixed the
Judge’s signature to a paper copy of the order and it had been entered on the
docket conventionally.
(2) Proposed orders may be submitted as outlined below:
15
(a) In accordance with Local Rules 7.3(j) and 77.2, a moving party shall
submit to the District Judge after filing a motion for which no supporting
brief is required, a proposed order granting the motion and setting forth
the requested relief. The proposed order shall be e-mailed to the assigned
District Judge at the address listed below.
If the action is assigned to a Magistrate Judge upon consent pursuant
28 U.S.C. § 636(c), the proposed order shall b e e-mailed to the
assigned Magistrate Judge.
NOTE: Please see Rule 29 of the Federal Rules of Civil Procedure for
the discovery related extensions of time, upon written stipulation of
counsel, that do not require Court approval.
(b) A copy of proposed orders should be electronically submitted with the
motion as an attachment to the motion. The motion must be docketed
prior to submitting the proposed order to the assigned Judge, and the
e-mail for the proposed order must refer to the resulting docket entry
number for the motion.
(c) All proposed orders must be submitted in an editable format
compatible with WordPerfect® or Word®. District Judges and
Magistrate Judges will not accept proposed orders in PDF format.
(d) A proposed order should be e-mailed to the assigned District Judge or
Magistrate Judge as defined below. The e-mail should be entitled
“Proposed Order” and contain the case number. For example,
“Proposed Order 1:04 CV 567.”
The District Judge/Magistrate Judge e-mail addresses are as follows:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
16
[email protected]
[email protected],gov
[email protected]
If the action has no assigned Judge please use:
[email protected]
(3) When mailing paper copies of an electronically filed order to a Non-Registered
Party, the Clerk’s Office will mail a copy of the applicable docketed order
containing the electronic footer as proof of filing.
(4) The assigned Judge or the Clerk’s Office, if appropriate, may grant routine
orders by a text-only entry which shall constitute the Court’s only order on the
matter. In such cases, no PDF document will be issued; the text-only entry shall
constitute the Court’s only order on the matter. These text-only orders shall
have the same force and effect as if the Judge had affixed the Judge’s signature
to a paper copy of the order and the order had been entered on the docket
conventionally. The CM/ECF system will generate a NEF as described in
Section E (1) of these procedures. The Clerk’s Office will mail a paper copy of
the text-only order to Non-Registered Parties in the case.
(5) Proposed orders on motions for enlargements of time made pursuant to Local
Rule 77.2, requests for entry of default and proposed temporary restraining
orders in new cases should be filed as an attachment in a format compatible with
WordPerfect® or Word® and shall be emailed to:
[email protected]
The motion must be docketed prior to submitting the proposed order to the
Clerk, and the proposed order must refer to the resulting docket entry number
for the motion. No other documents or pleadings may be sent to the Clerk’s
Office at this e-mail.
M. Correcting Docket Entries
(1) Once a document is submitted and becomes part of the case docket, corrections
to the docket are made only by the Clerk’s Office. The CM/ECF system will not
permit the filing party to make changes to the document(s) or the docket entry in
error once the transaction has been accepted.
(2) A document incorrectly filed in a case may be the result of posting the wrong
PDF file to a docket entry, selecting the wrong document type from the menu, or
17
entering the wrong case number and not correcting the error before the
transaction is completed. The filing party should not attempt to refile the
document.
As soon as possible after an error is discovered, the filing party should contact
the Clerk’s Office with the case number and docket entry number for which the
correction is being requested. If appropriate, the Court will make an entry
indicating that the document was filed in error. The filing party will be advised
if the document needs to be re-filed.
N. Transcripts
(1) Proceedings of this Court. Transcripts prepared by court reporters shall be
filed electronically and are available to the public electronically pursuant to
guidelines established by the Judicial Conference of the United States.
(2) Transcripts from other courts. A transcript of a proceeding of another Court
shall be filed electronically in PDF, if available, otherwise in paper.
(3) Depositions. Depositions shall be filed electronically using ECF only if filed
in support of a dispositive motion or ordered by the Court. When so filed, it
should be filed in accordance with Section K (3).
O. Facsimile Transmissions
No pleadings or other documents shall be submitted to the Court for filing by
facsimile transmission without prior permission from the Court.
P. Technical Failures
The Clerk’s Office shall deem the Court’s CM/ECF site to be subject to a technical
failure on a given day 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 that day. Known systems outages will be posted on the Court’s web
page, if possible. The initial point of contact for any Filing User experiencing difficulty
filing a document electronically should be the Clerk’s Office.
The telephone numbers are:
Clerk’s Office 336-332-6000
Toll free 1-800-659-2212
(1) If the Court’s CM/ECF site experiences a technical failure, a Filing User may
18
submit documents to the Court that day in an alternate manner provided that
the documents are accompanied by the Filing User’s affidavit explaining the
reason for not filing the document electronically. See Form E in the Forms
Section of these Administrative Procedures.
(2) The following methods are acceptable alternate means for filing documents in
the case of a technical failure:
(a) via electronic mail in a PDF attachment sent to the e-mail address
for technical failures (
[email protected]); or
(b) in person, by bringing the document to the Clerk’s Office on paper.
(3) A filing user, whose filing is untimely as the result of a technical failure of the
Court’s CM/ECF system, may seek appropriate relief from the Court. However,
Filing Users are cautioned that, in some circumstances, the Court lacks the
authority to grant an extension of time to file (e.g., Rule 6(b) of the Federal
Rules of Civil Procedure).
(4) Problems with the Filing User’s system, such as Internet Service Provider
(“ISP”), hardware or software problems, will not constitute a technical failure
under these Administrative Procedures nor excuse an untimely filing. A
Filing User who cannot file documents electronically because of a problem on
the Filing User’s system shall file the documents conventionally along with an
affidavit explaining the reason for not filing the documents electronically.
Please see Form D in the Forms Section of these Administration Policies.
Q. Access to Electronically Stored Documents
Electronic access to the electronic docket and documents filed in the CM/ECF system is
available for viewing by the public at no charge at the Clerk’s Office in Greensboro
during regular business hours of 8 a.m. – 5 p.m. Eastern Standard Time. A copy fee for
an electronic reproduction is required in accordance with 28 U.S.C. § 1930. Remote
electronic access to the CM/ECF system for viewing purposes is limited to subscribers
to the Public Access to Court Electronic Records ("PACER”) system (www.pacer.gov).
The Judicial Conference of the United States has ruled that a user fee will be charged
for remotely accessing certain detailed information, such as filed documents and docket
sheets in civil cases, but excluding review of calendars and similar general information.
If you are entitled to service of a document, you are entitled to one free viewing of the
document by clicking on the document number on the Notice of Electronic Filing.
The public may review at the Clerk’s Office filings that have not been sealed. Except for
Social Security cases, the public may access civil files in ECF at the Court’s Internet site
(www.ncmd.uscourts.gov) by obtaining a PACER log-in and password. Access to
19
documents filed in Social Security cases shall be restricted to the attorneys of record.
20
Form A UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
PRO SE (NON PRISONER)
AUTHORIZATION FORM TO RECEIVE DOCUMENTS ELECTRONICALLY
Pursuant to Fed. R. Civ. P. 5(b), Fed. R. Civ. P. 77(d), and Local Civil Rule 5.3(b)(2), documents may
be served through the Court’s transmission facilities by electronic means. Documents that are not permitted to
be served electronically are pleadings that are to be served with process under Fed. R. Civ. P. 4.
I ___________________________________ hereby consent to receive service of documents and
notices of electronic filing (NEFs) via the Court's Electronic Filing System to the extent and in the manner
authorized by the above rules and waive the right to receive notice by first class mail pursuant to Fed. R. Civ. P.
5(b)(2)(D) and Fed. R. Civ. P. 77(d). I will promptly notify the Court in writing if there is a change in my
personal data, such as name, address, telephone number and/or e-mail address. I will also promptly notify the
Court in writing of my request to cancel this electronic service. I understand that this authorization to receive
documents electronically automatically ceases upon expiration of the time for filing an appeal of a final judgment
or decree.
Pro se parties who have consented to receive documents electronically will be sent a Notice of Electronic
Filing (NEF) by e-mail. Upon receipt of the notice, pro se parties are permitted one “free look” at the document
by clicking on the hyperlinked document number. The one “free look” will expire 15 days from the date the
notice was sent. After the “free look” is used or expires, the document can only be accessed through PACER
(Public Access to Court Electronic Records). It is recommended that pro se parties create a PACER account
by visiting the PACER web site at https://pacer.gov. PACER will allow an individual to view, print, and
download documents for a fee. Parties can also obtain records through PACER, without setting up an account,
by accessing the public terminals located in the Clerk’s Office. Parties are able to view documents for free;
however, any printing of documents will incur a fee.
My e-mail address is: ____________________________________
My case number is: ___________________ (One case number per Authorization Form)
_______________________________
Signature of Pro Se Party
_______________________________
Mailing Address
_______________________________
City, State, Zip Code
______________________________
Telephone Number
Date: __________________
21
Form B
SAMPLE FORMAT
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)
)
Plaintiff, )
)
Vs ) Case No.
)
Defendant. )
CERTIFICATE OF SERVICE
I hereby certify that on (Date) , I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system and have verified that such filing was sent electronically
using the CM/ECF system to the following: (Name of Party) , and I hereby certify that I
have mailed the document to the following non-CM/ECF participants: (Name of Party/Attorney
and Address)
Respectfully submitted,
/s/[Signature of Password Registrant]
Name of Password Registrant Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Email:
[email protected]
[attorney bar number, if applicable]
Form C
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)
)
Plaintiff )
) Cases No.
v. )
)
Defendant(s) )
CERTIFICATE OF SERVICE
I hereby certify that on (Date) , I conventionally filed the foregoing with the Clerk
of the Court and have verified that such filing was sent manually to the following: (Name of
Party/Attorney and Addresses).
This the ___ day of __________, ________
Respectfully submitted,
Signature of Filing Party
Name of Filing Party
Address
City, State, Zip Code
Phone:
Email:
23
Form D UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF NORTH CAROLINA
ELECTRONIC FILING ATTORNEY REGISTRATION FORM
This form is used to register for an account on the Middle District of North Carolina Electronic Filing System.
Registered attorneys will have privileges to electronically submit documents and to view the electronic docket sheets
and documents. By registering, attorneys consent to receiving electronic notice of filings as well as agreeing to file
all documents electronically through the system. The following information is required for registration:
PLEASE TYPE
Mr. / Mrs. / Ms. (circle one) FORM NO LONGER VALID
First Name: ___________________________________ Middle Initial: __________________________________
Submit your Request to e-file with our Court through PACER.
Click anywhere in the box for
Last Name: ___________________________________ step by step
If appropriate instructions.
circle one: Senior / Junior / II / III
Bar ID Number:
Are you currently in good standing to practice in the Middle District of North Carolina? (If registering to file by
special appearance, skip this question.) Yes _____ No _____
Firm Name: __________________________________________________________________________________
Address___________________________________________________________________________________
City: _______________________________ State:__________________ Zip Code:____________________
Have you relocated to this address within the past year? Yes _____ No _____
Voice Telephone Number: Fax Number:
Internet E-Mail Address: _________________________________________________________________________
Attorneys seeking to file documents electronically must be admitted to practice in the United States District
Court for the Middle District of North Carolina, unless you are appearing by special appearance. If you are
an attorney appearing by special appearance, LR 83.1(d) applies.
Other Courts of Registration for Electronic Filing System:
By submitting this registration form, the undersigned agrees to abide by all Court rules, orders and policies
and procedures governing the use of the electronic filing system. The undersigned also consents to receiving
notice of filings pursuant to Fed. R. Civ. P. 5(b) and 77(d) and Fed. R. Crim. P. 49(b)-(d) via the Court’s
electronic filing system as well as agreeing to file all documents electronically. The combination of user id and
password will serve as the signature of the attorney filing the documents. Attorneys must protect the security
of their passwords and immediately notify the Court if they learn that their password has been compromised
by an unauthorized user.
_________________________________________ ______________________________
Signature of Registrant Date
Submit completed Registration Form to: John S. Brubaker, Clerk
United States District Court
Attention: ECF Attorney Registration
Room 401
324 W. Market Street
Greensboro, NC 27401
24
Form E SAMPLE FORMAT
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)
Plaintiff, )
)
vs. ) Case No.
)
)
Defendant. )
NOTICE OF MANUAL FILING
Please take notice that [Plaintiff/Defendant, Name of Party] has manually filed the
following document or item
[Title of Document or Object].
This document has not been filed electronically because:
• the document or item cannot be converted to an electronic format
• Plaintiff/Defendant is excused from filing this document or item by Court
order.
The document or item has been manually served on all parties.
(Date)
Respectfully submitted,
/s/[Signature of Password Registrant]
Name of Password Registrant Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Email:
[email protected]
[attorney bar number, if applicable]
25
Form F SAMPLE FORMAT
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)
)
Plaintiff(s), )
)
Vs ) Case No.
)
)
Defendant(s). )
NOTICE REGARDING EXHIBIT ATTACHMENT
Exhibit which is an attachment to
is in paper form only and is being maintained in the case file in the Clerk’s Office.
(Date)
Respectfully submitted,
/s/ [Name of Password Registrant]
Name of Password Registrant
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Email:
[email protected]
26
Form G SAMPLE FORMAT
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)
)
Plaintiff, )
) Case No.
vs )
)
Defendant. )
DECLARATION OF TECHNICAL DIFFICULTIES
Please take notice that [Plaintiff/Defendant, Name of Party] was unable to file the
attached [Title of Document] in a timely manner due to Court technical difficulties. The
deadline for filing the [Title of Document] was [Filing Deadline Date]. The reason(s) that I was
unable to file the [Title of Document] in a timely manner and the good faith efforts I made prior
to the filing deadline to both file in a timely manner and to inform the Court and the other
parties that I could not do so are set forth below.
[Statement of reasons and good faith efforts to file and to inform (including dates and
times)]
I declare under penalty of perjury that the foregoing is true and correct.
(Date)
Respectfully submitted,
/s/[Signature of Password Registrant]
Name of Password Registrant Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Email:
[email protected]
[attorney bar number, if applicable]
27
