The Law Mind

User Manual

M.D.N.C. Standing Order — User Manual

CM/ECF User Manual MIDDLE DISTRICT OF NORTH CAROLINA REVISED AUGUST 3, 2020 DISTRICT COURT | 324 W. Market Street, Greensboro NC SECTION 1 - GETTING STARTED ----------------------------------------------------------------------------------------------------------- 4 Introduction ------------------------------------------------------------------------------------------------------------------------------------------ 4 CM/ECF System Capabilities -------------------------------------------------------------------------------------------------------------------- 4 Help Desk --------------------------------------------------------------------------------------------------------------------------------------------- 5 CM/ECF System Features ------------------------------------------------------------------------------------------------------------------------ 6 SECTION 2 - HARDWARE AND SOFTWARE ------------------------------------------------------------------------------------------- 8 Requirements ----------------------------------------------------------------------------------------------------------------------------------------- 8 SECTION 3 - OBTAINING A CM/ECF ACCOUNT AND MECHANICS -------------------------------------------------------- 8 PACER Registration-------------------------------------------------------------------------------------------------------------------------------- 8 CM/ECF Registration ------------------------------------------------------------------------------------------------------------------------------ 9 Your Account ---------------------------------------------------------------------------------------------------------------------------------------- 10 Changing Password ------------------------------------------------------------------------------------------------------------------------------- 11 Modifying a Primary Email Address ---------------------------------------------------------------------------------------------------------- 11 Adding a Secondary Email Address ----------------------------------------------------------------------------------------------------------- 12 Modifying a Secondary Email Address ------------------------------------------------------------------------------------------------------- 12 Removing a Secondary Email Address-------------------------------------------------------------------------------------------------------- 13 Change/Modify Phone/Fax Number ----------------------------------------------------------------------------------------------------------- 13 Viewing Your Transaction Log ----------------------------------------------------------------------------------------------------------------- 14 Retrieve Your Login and Password ------------------------------------------------------------------------------------------------------------ 15 SECTION 4 - PORTABLE DOCUMENT FORMAT (PDF) -------------------------------------------------------------------------- 16 Setting Up the Acrobat PDF Reader ---------------------------------------------------------------------------------------------------------- 16 How to View a PDF File ------------------------------------------------------------------------------------------------------------------------- 16 How to Convert Documents to PDF Format Using Any Word Processing Program---------------------------------------------- 16 SECTION 5 - ACCESSING AND LOGGING INTO THE CM/ECF SYSTEM ------------------------------------------------- 17 Accessing the CM/ECF System ----------------------------------------------------------------------------------------------------------------- 17 Logging into the CM/ECF System ------------------------------------------------------------------------------------------------------------- 18 SECTION 6 - CIVIL CASE OPENING ------------------------------------------------------------------------------------------------------ 20 Opening a Civil Case in CMECF -------------------------------------------------------------------------------------------------------------- 20 Case Numbered Issued---------------------------------------------------------------------------------------------------------------------------- 30 Summons(es) ---------------------------------------------------------------------------------------------------------------------------------------- 30 1|Page Docket Lead Event --------------------------------------------------------------------------------------------------------------------------------- 31 SECTION 7 - ANSWER TO COMPLAINT ------------------------------------------------------------------------------------------------ 32 Docketing Steps------------------------------------------------------------------------------------------------------------------------------------- 32 SECTION 8 - CIVIL EVENTS FEATURE -------------------------------------------------------------------------------------------------- 38 Docketing in a Civil Case ------------------------------------------------------------------------------------------------------------------------ 38 SECTION 9 - CRIMINAL EVENTS FEATURE ------------------------------------------------------------------------------------------ 44 Docketing in a Criminal Case ------------------------------------------------------------------------------------------------------------------ 44 SECTION 10 - OBTAINING INFORMATION FROM CM/ECF SYSTEM ----------------------------------------------------- 50 Query Feature -------------------------------------------------------------------------------------------------------------------------------------- 50 Attorney------------------------------------------------------------------------------------------------------------------------------------------ 52 Case Summary --------------------------------------------------------------------------------------------------------------------------------- 52 Deadlines/Hearings --------------------------------------------------------------------------------------------------------------------------- 53 Docket Report ---------------------------------------------------------------------------------------------------------------------------------- 54 History/Documents --------------------------------------------------------------------------------------------------------------------------- 55 Reports Feature ------------------------------------------------------------------------------------------------------------------------------------ 56 Docket Sheet ------------------------------------------------------------------------------------------------------------------------------------ 57 Civil Cases Report ---------------------------------------------------------------------------------------------------------------------------- 58 SECTION 11 - SPECIAL PROCEDURES -------------------------------------------------------------------------------------------------- 59 Appeals ----------------------------------------------------------------------------------------------------------------------------------------------- 59 Briefs -------------------------------------------------------------------------------------------------------------------------------------------------- 59 Certificate of Service ------------------------------------------------------------------------------------------------------------------------------ 60 Certified, Notarized and Documents Authenticated by Other Means ----------------------------------------------------------------- 60 Ex Parte Matters ----------------------------------------------------------------------------------------------------------------------------------- 61 Exhibits ----------------------------------------------------------------------------------------------------------------------------------------------- 62 Filing Documents Under Seal------------------------------------------------------------------------------------------------------------------- 62 Removals --------------------------------------------------------------------------------------------------------------------------------------------- 62 Return of Service ----------------------------------------------------------------------------------------------------------------------------------- 63 Motions ----------------------------------------------------------------------------------------------------------------------------------------------- 64 Motion for Leave to Amend ---------------------------------------------------------------------------------------------------------------------- 64 Motions for Psychiatric and Psychological Exams ---------------------------------------------------------------------------------------- 65 Motion to Compel Discovery -------------------------------------------------------------------------------------------------------------------- 65 Notice of Special Appearance ------------------------------------------------------------------------------------------------------------------- 65 2|Page Orders ------------------------------------------------------------------------------------------------------------------------------------------------ 66 Proposed Orders ----------------------------------------------------------------------------------------------------------------------------------- 66 Registration of Foreign Judgment ------------------------------------------------------------------------------------------------------------- 66 Responses and Replies ---------------------------------------------------------------------------------------------------------------------------- 67 Responses to Motions to Compel Discovery and Motions for Protective Order ---------------------------------------------------- 67 Web Accessible Filers ----------------------------------------------------------------------------------------------------------------------------- 67 SECTION 12 - DOCUMENTS FILED IN ERROR --------------------------------------------------------------------------------------- 68 Information ------------------------------------------------------------------------------------------------------------------------------------------ 68 Error Found During Quality Control Process ---------------------------------------------------------------------------------------------- 68 SECTION 13 - RESOURCES -------------------------------------------------------------------------------------------------------------------- 69 Information ------------------------------------------------------------------------------------------------------------------------------------------ 69 Troubleshooting ------------------------------------------------------------------------------------------------------------------------------------ 70 Spreading Docket Text ---------------------------------------------------------------------------------------------------------------------------- 71 How to Add/Create a New Party Filer -------------------------------------------------------------------------------------------------------- 72 SECTION 14 - HELP DESK --------------------------------------------------------------------------------------------------------------------- 76 Information ------------------------------------------------------------------------------------------------------------------------------------------ 76 3|Page SECTION 1 - GETTING STARTED Introduction The United States District Court for the Middle District of North Carolina requires attorneys to file documents with the Court from the Internet. Local Civil Rule 5.3 authorizes electronic filing in conjunction with the Federal Rules of Civil and Criminal Procedure. The CM/ECF User’s Manual, along with the Electronic Case Filing Administrative Policies and Procedures Manual, provide instructions on how to file documents, view documents, and retrieve docket sheets for cases filed in this Court. A party who is not represented by counsel must file their documents with the Clerk’s Office conventionally, unless otherwise ordered by this court. The Filing User should have a working knowledge of Internet browsers and Adobe Acrobat software. CM/ECF System Capabilities The CM/ECF system allows the Filing User with Internet accounts and browser software to perform the following functions: • Electronically file documents in actual (“live”) cases • View official docket sheets and documents associated with cases • View various reports 4|Page Help Desk The initial point of contact for any Filing User having trouble filing a document electronically should be the CM/ECF Help Desk. Contact the Court’s Help Desk between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, if you need assistance using the CM/ECF system. Help Desk Phone Numbers Toll Free 1-800-659-2212 Clerk’s Office 336-332-6030 A technical failure on a given day is determined if the system 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 Time that day. Known system outages will be posted on the Court’s web page, if possible. See Electronic Case Filing Administrative Policies and Procedures Manual, Section P, for further details. 5|Page CM/ECF System Features After logging into the CM/ECF system, you will be taken to a main page that has seven (7) different categories listed across the top of the screen; Civil, Criminal, Query, Reports, Utilities, Search, and Logout. Note: If you do not see the Civil or Criminal tabs, you are logged into PACER. Note: A Filing User cannot view sealed documents using PACER. 1 Civil The Civil tab allows the Filing User the ability to open new civil cases and file documents in civil cases. 2 Criminal The Criminal tab allows the Filing User the ability to file documents in criminal cases. 3 Query The Query tab will take the Filing User directly to a PACER login screen. Enter in your PACER login and password to look up cases that are filed in the Middle District of North Carolina. 6|Page 4 Reports The Reports tab allows the Filing User to run the Calendar Events Report to search hearing dates using multiple parameters. Note: Other reports are available through PACER. 5 Utilities The Utilities tab allows the Filing User to do the following: • Maintain Your Account o Modify the primary email address. o Add/Remove a secondary email address. o Change the password to your user account. • Legal Research o Contains hyperlinks to a Law Dictionary, Lexis via the Internet, a Medical Dictionary, and Westlaw via the Internet. • View Your Transaction Log o Generate a report to verify CM/ECF Filing User’s transactions. • Mailings o Enter a case number to view who will receive electronic notices in a case and who will need to be manually noticed. • Review Billing History o Run a report showing Filing User’s history for a specified date range. • Verify a Document o Allows the Filing User to enter data in the screen fields to locate a particular document attached to a specific case number. 6 Search The Search tab allows the Filing User to look up an event in this Court’s CM/ECF dictionary. 7 Logout The Logout tab allows the Filing User to exit the CM/ECF system. Note: To ensure proper logout, the Filing User should select Logout before closing the browser. 8 The yellow question mark at the end of the blue menu bar will bring up a pop- up window displaying helpful information about the Filing User’s current screen. 7|Page SECTION 2 - HARDWARE AND SOFTWARE Requirements The hardware and software needed to electronically file, view and retrieve case documents are the following: • Windows or Macintosh; • Internet access; • JavaScript enabled web browser; • Software, such as Adobe Acrobat PDF Writer or a word processing program capable of converting documents from a word format to a PDF document. For viewing documents, only Adobe Acrobat Reader is needed; and • A scanner to convert documents to PDF. SECTION 3 - OBTAINING A CM/ECF ACCOUNT AND MECHANICS PACER Registration A CM/ECF User is required to have a PACER account. The PACER account gives you the ability to read case dockets and view electronic images of documents. If you do not have a PACER login, contact the PACER Service Center to establish an account via telephone at (800) 676-6856 or (210) 301-6440 or register online at http://pacer.psc.uscourts.gov. Note: A Filing User cannot view sealed documents using PACER. 8|Page CM/ECF Registration A participant is required to register with this Court to receive a login and password for the CM/ECF System. REGISTRATION PROCESS ATTORNEY ADMITTED TO PRACTICE ATTORNEY NOT ADMITTED TO IN THE MIDDLE DISTRICT OF PRACTICE IN THE MIDDLE DISTRICT NORTH CAROLINA OF NORTH CAROLINA Attend a federal court’s training on electronic Attend a federal court’s training on electronic filing or be an electronic filer in another filing or be an electronic filer in another court. court. Click this link for Training Information Associate with local counsel permitted to file in the Middle District of North Carolina See Local Rule 83.1 and 5.3(c)(1) Submit Electronic Filing Attorney Submit Electronic Filing Attorney Registration Form Registration Form Electronic Filing Attorney Registration Form Electronic Filing Attorney Registration Form An email will be sent to the Filing User’s An email will be sent to the Filing User’s primary email address containing a login and primary email address containing a login and password. password. File a Notice of Appearance. Only the filing File a Notice of Special Appearance attorney of a pleading can be associated with containing both local and out of state a document. Co-counsel not filing the attorneys’ signatures. See Local Civil Rule documents would need to file a notice of 83.1(d). appearance to get on the docket sheet. Exceptions to the notice of appearance are mentioned in other sections of the manual. Note: Pro se parties, in accordance with Local Rules 5.3(c)(2) and 11.1(c), must file a motion seeking permission from the Court to register as a CM/ECF user. 9|Page Your Account This Court allows the Filing User to change certain information in their user account. See the table below for information that can and cannot be changed by the Filing User. Filing User can … Court Can Only … Change password Change/Modify Name Modify primary email address Change/Modify Mailing Address Add/Modify/Remove secondary email address Change/Modify Phone/Fax Number Note: For Court Can Only options, the Filing User shall submit requested changes on office letterhead. 10 | P a g e Changing Password Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Click the More User Information button on the Maintain User Account Screen. Step 4: Delete the asterisks in the password field and enter the new password. Note: Your password must meet the following criteria. • Minimum of 8 characters. • Upper and lower-case letters. • Include a digit or special character. Step 5: Click the Return to Account Screen button. Step 6: Click Submit on the Maintain User Account Screen. Step 7: Click Submit again. Modifying a Primary Email Address Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Click the Email Information button on the Maintain User Account Screen. Step 4: Click the e-mail address link under the Primary e-mail address heading. Step 5: Modify the email address. Step 6: Click the Return to Person Information Screen button. Step 7: Click Submit on the Maintain User Account Screen. Step 8: Click Submit again. 11 | P a g e Adding a Secondary Email Address Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Click the Email information button on the Maintain User Account Screen. Step 4: Click add new e-mail address link under the Secondary e-mail addresses heading. Step 5: Enter the secondary email address you wish to add to your account. *** Repeat steps 4 and 5 until all secondary email addresses are entered. *** Step 6: Click the Return to Person Information Screen button. Step 7: Click Submit on the Maintain User Account Screen. Step 8: Click Submit again. Modifying a Secondary Email Address Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Click the Email Information button on the Maintain User Account Screen. Step 4: Click the e-mail address link under the Secondary e-mail address heading. Step 5: Modify the email address. Step 6: Click the Return to Person Information Screen button. Step 7: Click Submit on the Maintain User Account Screen. Step 8: Click Submit again. 12 | P a g e Removing a Secondary Email Address Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Click the Email Information button on the Maintain User Account Screen. Step 4: Click the e-mail address link under the Secondary e-mail address heading. Step 5: Delete the e-mail or click the “x” in the field to delete the email address. Step 6: Click the Return to Person Information Screen button. Step 7: Click Submit on the Maintain User Account Screen. Step 8: Click Submit again. Change/Modify Phone/Fax Number Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click Maintain Your Account. Step 3: Modify your phone and/or fax number in the applicable field. Step 4: Click Submit on the Maintain User Account Screen. Step 5: Click Submit again. 13 | P a g e Viewing Your Transaction Log Use this feature of CM/ECF to review your transactions and to verify that: • All the transactions you entered are reflected in the Transaction Log • No unauthorized individuals have entered transactions into the CM/ECF system using your login name and password. Step 1: Click Utilities on the blue menu bar in CM/ECF. Step 2: Click View Your Transaction Log. Step 3: Enter the date selection criteria for the transaction log report. Note: By selecting the check box, you can make these options your default. Step 4: The report will display with any transaction made using your account number for the dates specified. The bottom of the report will show the total number of transactions. If you believe or suspect someone is using your login and password without your permission, immediately change your password and contact the Court’s Help Desk at 1-800-659-2212 or the Clerk’s Office at 336-332-6000. 14 | P a g e Retrieve Your Login and Password If the Filing User forgets his/her login and/or password it can be retrieved from the Court’s website. Use the primary email address that was used to create the Filing User’s account. If the Filing User has switched firms and the old email address is still linked to the account, call the Clerk’s Office at 336-332-6003. Step 1: Go to the Court’s website (www.ncmd.uscourts.gov) and click on CM/ECF from the blue menu bar. Then click the Retrieve Login/Password link. Step 2: Enter the primary email address used when the account was created and click [Submit Request]. Note: If you receive an error message stating that an account matching the information you provided could not be located, check for any typos and/or case sensitivity in the email address entered. If the email address is correct and you still receive the message, contact the Clerk’s Office at 336-332-6003. The Filing User will receive the login and password via the primary email address associated with the account. 15 | P a g e SECTION 4 - PORTABLE DOCUMENT FORMAT (PDF) Setting Up the Acrobat PDF Reader A Filing User must set up Adobe’s Acrobat® Reader software to view documents that have been electronically filed in the CM/ECF system. When installing this product, please review and follow Adobe’s directions to utilize Acrobat® Reader after installation. Only PDF (Portable Document Format) documents may be filed with the Court using the CM/ECF system. Before filing documents with the court, the Filing User should preview the PDF formatted document to ensure that it appears in its entirety and in the proper format. How to View a PDF File Start the Adobe Acrobat program and select the File menu. Choose Open and locate the PDF document from the designated location in your file directory. Once the file has been located, click to view. How to Convert Documents to PDF Format Using Any Word Processing Program Step 1: Create document. Step 2: Click File and then select Print. Step 3: Select Adobe PDF from the printer options. Step 4: Click Print. Step 5: Click the drop-down menu from the Save in box. Select the directory then folder where you want to save the file. Step 6: Type the name of the file in the file name field and click Save. 16 | P a g e SECTION 5 - ACCESSING AND LOGGING INTO THE CM/ECF SYSTEM Accessing the CM/ECF System A Filing User can access the CM/ECF System via the Internet at http://ecf.ncmd.uscourts.gov Click on North Carolina Middle District - Document Filing System hyperlink to open the login screen. *** Or *** A Filing User can go to the Middle District of North Carolina District Court’s website at www.ncmd.uscourts.gov and click on the E-Filing (CM/ECF) hyperlink. 17 | P a g e Logging into the CM/ECF System ➢ Enter the CM/ECF System login and password authentication that was provided by the court. Description 1 Type in the login (lowercase). 2 Type in the password. (CaSe Sensitive!) 3 A code created by the user that is entered on the PACER/ECF login screen along with a PACER account. The code allows the user to track filings and PACER usage by client. The quarterly billing statements from PACER will show the total amount due according to each client code. Contact PACER for more information. You can leave this field blank. 4 Check the box indicating that the Filing User understands that they must comply with redaction rules. 5 Click Login. Note: The Reset button will clear all fields and uncheck the redaction responsibility check box. 18 | P a g e Note: If you enter an incorrect login and/or password, the following language appears “Invalid username or password.” Select the back button to reenter the Filing User’s login and password. Note: The date the filing user last logged into the CM/ECF System appears at the bottom left corner of this screen. The filing user should review this information each time you log in for security reasons. If you believe or suspect someone is using your login and password without your permission, immediately change your password and contact the Court’s Help Desk at 1-800-659-2212 or the Clerk’s Office at 336-332-6000. ➢ Once the main menu appears, choose from a list of hyperlinked options on the top of the menu bar. Note: There is a different login and password for CM/ECF and PACER.  If the Filing User sees the screen shot below, the user is logged into CM/ECF.  If the Filing User sees the screen shot below, the user is logged into PACER. 19 | P a g e SECTION 6 - CIVIL CASE OPENING Opening a Civil Case in CMECF Except for cases requesting to be placed under seal, cases shall be filed electronically using the ECF (Electronic Case Filing) system. After successfully logging into the system, follow these procedures to open a civil case. Once the case has been created, the Filing User shall file the initial documents. 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. To open a civil case: Step 1: Select the Type of Filing: From CM/ECF, select Civil from the blue menu bar. Step 2: Select the Type of Document: Select Civil Case under the Open a Case category. Step 3: Data Field Screen Displays: See table on the next page for options and click [Next]. 20 | P a g e Office Leave as NCMD. Case type Leave the case type as “cv” for civil case. Date Filed Hardcoded, file date is automatically entered by the system. Lead Case Number Leave blank. If applicable, the lead case number will be entered by the Clerk’s Office. Association Type Do not enter the association type. This is a default setting and should always reflect “appeal.” Other court name Enter the court’s name only if the case is a Petition for Removal from another court. Other court number Enter the other court number only if the case is a Petition for Removal. JPML number Enter the JPML number if there is an existing case in the Multi District Litigation court. Otherwise, leave blank. Related cases Check the box to indicate whether there is a related case filed in the Middle District of North Carolina. 21 | P a g e Step 4: Data Field Screen Displays: See table below, make the applicable selections on this statistical screen and click [Next]. Jurisdiction Select the appropriate jurisdiction from the drop-down list. (Why is this case filed here?) Cause of Action Select the appropriate cause of action from the drop-down list. (What is this case about?) If the cause of action you are looking for is not included in the list, contact the clerk’s office. Nature of Suit Select the appropriate nature of suit from the drop-down list. (What kind of case is it?) Origin Select the appropriate origin from the drop-down list. (How did it get here?) Citizenship Enter citizenship information of the plaintiff, only if the jurisdiction is Plaintiff Diversity. Citizenship Enter citizenship information of the defendant, only if the jurisdiction is defendant Diversity. Jury Demand If a jury demand is being requested, make the applicable party selection from the drop-down list. Otherwise, leave blank. Class Action If seeking a class action, a separate motion must be filed pursuant to Local Rule 23.1. Leave at “n.” Demand Leave this field blank. 22 | P a g e Arbitration code Leave this field blank. County Select the county of residence of the first-listed plaintiff in the Middle District of North Carolina. If the U.S. is the plaintiff in the case, enter the county of residence of the first-listed defendant. Fee Status ➢ fp (in forma pauperis) – to be used for any pro se, prisoner or Social Security ifp case. ➢ none (no fee required) – to be used for cases in which the United States is the plaintiff and for §2255 motions. ➢ pd (paid) – to be used when the filing fee has been paid in full. ➢ wv (waived) – Fee date This date entered by the system, this is the same as the filing date. Date Transfer Leave this field blank. Note: The system will verify the accuracy of combinations entered on the screen above. For example, if an invalid Nature of Suit and Jurisdiction combination is selected, the following screen will appear. 23 | P a g e Step 5: The Search for Party Screen Displays: Enter in ALL CAPS the party’s First and Last name and click “Search”. If the party is a business, enter full name, in ALL CAPS, with correct punctuation in “Last/Business Name” field and click [Search]. The CM/ECF system stores names from other cases. The court wants you to search for the name of the party in our CM/ECF system while opening a case. The party you are searching for, if a popular name, may already be in CM/ECF system. Therefore, creating a new party is not required. See the table below for instructions. If party search results… Then… Finds an exact match ➢ Highlight the name. ➢ Click [Select Party]. ➢ Proceed to next step. No matches or not exact match ➢ Click [Create New Party]. ➢ Proceed to next step. 24 | P a g e Step 6: The Party Information Screen Displays: See table below, the “Role” field is the most important field to populate. Select either Plaintiff or Defendant from the “Role” drop-down list. Click [Add Party] when finished. Title Add Doctor or Dr., Officer. Mrs., Mr. etc. Role Select the party’s role from the drop-down list. Pro Se Leave at default. Prisoner Id Unless otherwise directed in this manual, always leave the prisoner Id field blank. Unit Leave blank, unless applicable for a prisoner case. 25 | P a g e Office Leave these fields blank UNLESS the party is a pro se. If the party is pro se, Address 1-3 enter their mailing address information in the applicable fields for mailing purposes. City State Zip Country Prison Phone Fax E-mail Party text Enter party text, if applicable. Note: Party text is descriptive information about the party, (e.g. In his official capacity, Commissioner of Social Security etc.) and will be found in the caption of the initiating document. DO NOT enter alias information. Start date Leave blank. End Date Leave blank. Corporation If the party is a corporation, select “yes.” If the party is an individual, select “no.” Notice Leave at the “yes” default. 26 | P a g e Note: Click the Expand All hyperlink located at the top of the side panel window to view each party you have added thus far. Note: If applicable, once the names have been added to the left-hand side of the screen you are then able to click on the “Alias...” icon, located under the party name, to enter an alias for the party. Icon Action You can remove a party, an alias, or a corporate parent/affiliate You can make edits to a party’s name, alias, or corporate parent/affiliate Add an Alias or Add a corporate parent or affiliate ➢ Do not add a “Corporate Parent or Other Affiliate.” If disclosures of Corporate Affiliations are going to be filed, it will be at the same time of filing the disclosure that the corporate parent/affiliate will be added. ➢ CM/ECF automatically adds you as an attorney filer once you file your initiating document. Note: If you are filing a complaint or a petition for removal, all additional attorneys who may have signed that initiating document, must electronically file his/her own Notice of Appearance or a Notice of Special Appearance (if you are not admitted to practice in this district) pursuant to Local Civil Rule 83.1(d) after the lead event has been docketed. The attorney who filed the complaint or petition for removal will automatically be added to the case and will not need to file a separate Notice of Appearance. 27 | P a g e Note: If you are filing a petition for removal, the Clerk’s Office will add all plaintiff attorneys of record. Note: If you make an edit or delete a name from the list, you will be asked if you are sure you want to make this change. If you click [Yes], the following screen will display. Step 7: Search for the Next Party Screen Displays: Repeat steps 5-7, until all parties (plaintiffs and defendants) have been added. You may have to click [Add New Party] in the left hand corner of the screen to get back to the party search screen. Step 8: Verification Screen Displays: Verify each party has been added to the case and any aliases have been entered. 28 | P a g e Step 9: Click [Create Case] once all names have been verified. Step 10: Message Screen Displays: “Case will be created. Proceed?” with a yes or no option. Step 11: If you selected “Yes” your case number will display with a hyperlink to docket the lead event, Transaction complete. Proceed to the next section “Case Number.” 29 | P a g e Case Numbered Issued Add the case number you received from the CM/ECF system to the court caption of the complaint and other initiating documents being filed then convert them to PDF documents. Summons(es) Form Name Link AO 440 Summons in a Civil Action http://www.uscourts.gov/forms/civil-forms Step 1: Complete the summons(es) in Adobe® interactive format and e-mail it to [email protected]. Step 2: The Clerk’s Office will electronically issue and file the summons(es). Note: The Filing User will receive a NEF that the summons(es) were issued. Step 3: They should be printed for service. Note: Service of process must be performed in the traditional manner in accordance with the Federal Rules. Step 4: Once the summons(es) have been served, docket the Affidavit of Service. Civil > Service of Process (Initiating Pleadings and Service) > Affidavit of Service. 30 | P a g e Docket Lead Event If applicable, always docket the Application to Proceed In Forma Pauperis as the first entry and then docket the Complaint or Petition for Removal. Type of Plaintiff Form Name and Link Prisoners Declaration and Request to Proceed In Forma Pauperis. Non-Prisoner AO 239 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) AO 240 Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) If filing a/an… Then… Application to Civil > Motions > Application to Proceed IFP Proceed In Forma Pauperis (IFP) Complaint Civil > Complaints, Other Initiating Documents > Complaint Petition for Civil > Complaints, Other Initiating Documents > Petition for Removal Removal 31 | P a g e SECTION 7 - ANSWER TO COMPLAINT Docketing Steps Filing Users whose initial document is an answer will be given the opportunity to affiliate themselves to the party that they are representing, without having to file a separate Notice of Appearance. A Notice of Appearance or a Notice of Special Appearance (if you are not admitted to practice in this district) pursuant to Local Civil Rule 83.1(d) will have to be filed separately for any other attorney that signed the answer but did not electronically file it. To electronically file an answer, follow the steps below. Step 1: Select the Type of Filing: From CM/ECF, select Civil from the blue menu bar. Step 2: Select the Type of Document: Click Answers to Complaints under the Initial Pleadings and Service category. Step 3: Enter the Case Number Screen: Enter the case number and click [Next]. Note: If the case you are docketing to has multiple cases associated with it or has been consolidated, a Spread Docket Text Screen will display. See the resource section for more information about spreading docket text. Step 4: Select the Filing Party Screen: Select the name of the party on whose behalf you are filing the answer. If you are filing on behalf of more than one party, you may select multiple parties by holding the control [Ctrl] key down while clicking each of the parties. Click [Next] once the party or parties have been selected. Step 5: Attorney/Party Association Screen: This screen will display if this is the first time you are filing something in this case. See the list below and click [Next]. Proceed to step 6 if you previously filed something on this case and already linked yourself to a party. 32 | P a g e • Leave the box checked that identifies the party that is being represented by you. • Leave the Notice box checked. This will ensure that you receive electronic notices on this case. • The Lead box is optional. If you check this box, the docket sheet will reflect that you are the lead attorney on this case. Step 6: Document Selection Screen Displays: This screen lists the docket entries for all complaints, counterclaims, cross claims and third party complaints for which an answer is still due. Check the box next to the applicable event that is being answered and click [Next]. Step 7: Browse for the Main Document PDF Screen: Click [Browse] to select the PDF image of the document to be filed, then click [Next]. Note: If applicable, browse for any attachments that coincide with this filing. If… Then… Social Security Case Proceed to step 10. Other Cases Proceed to step 8. 33 | P a g e Step 8: Question Screen Displays: Does this filing include a counterclaim, cross claim or third party complaint? If applicable, check the appropriate box(es) and click [Next]. If… Then… Yes Proceed to step 9. No Proceed to step 10. Step 9: Select the Party that the Filing is Against: Select the party whom the filing is against and click [Next]. Note: If applicable, hold down the “Ctrl” button on the keyboard to click multiple names. Note: If the party you represent is not listed in the “Select the Party” box, click [New Party] and perform a search for the party in the court’s CM/ECF system. Some names may already be in the CM/ECF database, depending on the popularity of the name. Thoroughly search for the party’s last name or the company’s name before adding a new record to the database. In the Last/Business Name field, type the first few letters of the party’s last name for an individual or the first few letters of the company name. Although system searches are not case sensitive, this district requires that all new parties be added in ALL CAPS format. Click [Search]. Correct Example: JOHN W SMITH JR NORTH CAROLINA BAR Incorrect Example: John W. Smith, Jr. THE NORTH CAROLINA BAR 34 | P a g e If an exact match… Then… Is found • Highlight the name • Click [Select Party] • Review the party information and select the party’s role in this filing. Note: Use the "Party text" field to add additional information to describe your party. Information added to this field is case specific and will not be transferred to all cases in the system using that particular party name. Examples: For a Company: Last Name Field = ABC CORPORATION Party Text Field = A NORTH CAROLINA CORPORATION For an Individual: Last Name Field = SMITH Middle Name Field = H. First Name Field = JOHN Party Text Field = WARDEN • Click [Add Party] 35 | P a g e If an exact match… Then… Is not found • Click [Create New Party]. For a Company, enter the entire company name in the Last Name field. Select the role from the drop-down and if applicable, select yes for corporation. Review the party information and select the party’s role in this filing. Leave all other fields blank and click [Add Party]. For an Individual, fill out the Last Name, First Name, Middle Name, Generation and Title fields as appropriate. Review the party information and select the party’s role in this filing. Leave all other fields blank and click [Add Party]. Note: Use the "Party text" field to add additional information to describe your party. Information added to this field is case specific and will not be transferred to all cases in the system using that particular party name. • Click [Add Party] Note: Incorrectly added parties will be periodically updated by the systems administrator but may appear on your pick-list from time to time. Always choose an existing party that is properly formatted over one that was added incorrectly when presented with a list of possible matches. The name entered should always be in ALL CAPS. Correct Example: JOHN W SMITH JR NORTH CAROLINA BAR Incorrect Example: John W. Smith, Jr. THE NORTH CAROLINA BAR Before adding a party, check your case number to ensure that you are working in the correct case. 36 | P a g e Step 10: Question Screen Displays: Does this Answer include a jury demand? Select the appropriate response and click [Next]. Step 11: Modify Text Screen: If applicable, add any desired text to the docket entry, then click [Next]. Counterclaim (No Jury Demand) Example Crossclaim (No Jury Demand) Example Third Party Complaint (No Jury Demand) Example If you selected YES to Jury Demand Example Step 12: Final Text Screen: Verify that the docket text is correct, and the correct files have been uploaded and click [Next]. Complete: Notice of Electronic Filing Screen Displays: Transaction complete. 37 | P a g e SECTION 8 - CIVIL EVENTS FEATURE Docketing in a Civil Case After successfully logging into CM/ECF, follow these steps to file a document. The process is similar for filing any document in the CM/ECF system. There may be some different screens that display when filing other documents, but for the most part they are the same. For this example, the following steps will refer to how to electronically file a Motion for Preliminary Injunction with the CM/ECF system. ▪ Select the Type of Filing: Select Civil from the blue menu bar. ▪ Select the Type of Document: Select the type of document under the applicable category. For example, if filing a Motion to Suppress, select Motions under the Motions and Related Filings category. ▪ Select the Applicable Event Screen: Select the applicable event from the list of available events and click [Next]. For example, if filing a Motion for Preliminary Injunction, select Preliminary Injunction. ▪ Enter the Case Number Screen: Enter the case number and click [Next]. ▪ Select the Filing Party Screen: Select the name of the filing party and click [Next]. Note: If there are multiple names, hold down the [Ctrl] key and click on the names to be selected. Note: If your party does not appear, double check to make sure you are filing in the correct case. Note: Click [New Filer] in the rare case you need to add a party to the CM/ECF system. See the “How to Add a New Filer” section in the resource section for assistance. 38 | P a g e ▪ Browse for the Main Document and Attachments PDF Screen: Click [Browse] to select the PDF image of the main document to be filed. There is a 50 MB total size limit on the documents, main and attachments combined, that can be uploaded to the CM/ECF system. Note: It is recommended that you preview the document before you upload. Note: Briefs filed pursuant to Local Rule 7.2 should be filed as a separate docket entry. The brief should be linked to the motion to which it relates. Note: The proposed order (when required) should be uploaded as an attachment to the motion in PDF format and a copy should be e-mailed to the assigned District Judge or Magistrate Judge in a Word compatible format. See the Electronic Case Filing Administrative Policies and Procedures Manual (Section L: Orders and Judgments) for details. Attachments and Exhibits that can be scanned. Note: If applicable, browse for any attachments that support this filing. Select a Category and/or type a brief description of the attached document, then click [Next]. Your filing will be considered deficient if this task is not performed. Attachments and Exhibits that cannot be scanned. Attachments or exhibits that cannot be scanned for e-filing and can be submitted to the Clerk’s Office in paper format may be filed using the following method: ➢ E-file a notice of manual filing (event) indicating that certain attachments have not been scanned and will be, instead, filed with the Clerk’s office. ➢ Print the resulting Notice of Electronic Filing (NEF), ➢ Attach it to the paper exhibits, and ➢ Submit it to the Clerk’s Office. Paper attachments submitted in this manner will be considered filed as part of the e-filed pleading. ▪ Response to Motion Deadline Screen Displays: (This screen only displays when filing documents with a deadline associated with them) DO NOT CHANGE DATE, LEAVE AT DEFAULT. The response due dates are automatically calculated by the system. ▪ Modify Text Screen: If applicable, select an option from the drop-down menu at the beginning of the text and/or add any desired text to the docket entry in the applicable field, then click [Next]. 40 | P a g e ▪ Final Text Screen: This screen displays the following warning, “Attention!! Pressing the NEXT button on this screen commits this transaction. You will have no further opportunity to modify this transaction if you continue.” • At this point or any time prior to this point, the filer can abort this CM/ECF filing or return to a previous screen by: o Clicking on any hyperlink on the blue menu bar. The CM/ECF system will reset to the beginning of the process. o Clicking the browser [Back] button until you return to the desired screen. Note: If you click the browser [Back] button and correct a screen, the screens that follow all reset to the original defaults. • Verify that the docket text is correct, and the correct files have been uploaded and click [Next]. ▪ Notice of Electronic Filing Screen Displays: Transaction complete. See descriptions on the next page. 41 | P a g e Description 1 Notice of Electronic Filing (NEF) - Represents your Certificate of Service. The Court strongly urges you to copy it to a file on your computer hard-drive, print it, and retain a hard copy in your personal files. 2 The date of the transaction. 3 The time of the transaction. 4 Case information; case name, case number, and filer. 5 The document number assigned to the entry. 6 The docket text, including any modifications. 7 This section will display each attorney and/or party who has consented to electronic service for this case. 8 This section will display the names and addresses of individuals who will not be electronically notified of the filing. It is the Filing Users responsibility to serve hard copies of the pleading and the notice of Electronic Filing to the attorneys and pro se parties who are not set up for electronic notification. 9 Each document that is uploaded to the CM/ECF system gets its own unique electronic document stamp. 42 | P a g e E-Mail Notification of Documents that were filed: ▪ After a pleading is electronically filed, the CM/ECF System sends a Notice of Electronic Filing to the designated attorneys and parties who have supplied their E-mail addresses to the Court. Individuals who receive electronic notification of the filing are permitted one "free look” at the document by clicking on the associated hyperlinked document number embedded in the Notice of Electronic Filing. If the document is a sealed document, a party who has authorization to view the document must login to CM/ECF (not PACER) before viewing the sealed document. It is suggested that you note the document number assigned on your copy of the PDF file residing on your hard drive. The Court strongly urges you to copy the Notice of Electronic Filing and pleading documents to your hard-drive for future access. Subsequent retrieval of the case docket sheet and pleading from CM/ECF must be made through your PACER account and is subject to regular PACER fees. 43 | P a g e SECTION 9 - CRIMINAL EVENTS FEATURE Docketing in a Criminal Case After successfully logging into CM/ECF, follow these steps to file a document. The process is similar for filing any document in the CM/ECF system. There may be some different screens that display when filing other documents, but for the most part they are the same. For this example, the following steps will refer to how to electronically file a Motion to Suppress with the CM/ECF system. ▪ Select the Type of Filing: Select Criminal from the blue menu bar. ▪ Select the Type of Document: Select the type of document under the applicable category. For example, if filing a Motion to Suppress, select Motions under the Motions and Related Filings category. ▪ Enter the Case Number Screen: Enter the case number and click [Next]. ▪ Select the Filing Party Screen: Select the name of the filing party and click [Next]. Note: If there are multiple names, hold down the [Ctrl] key and click on the names to be selected. Note: If your party does not appear, double check to make sure you are filing in the correct case. Note: Click [New Filer] in the rare case you need to add a party to the CM/ECF system. See the “How to Add a New Filer” section in the resource section for assistance. ▪ Select the Applicable Event Screen: Select the applicable event from the list of available events and click [Next]. For example, if filing a Motion to Suppress, select Suppress. 44 | P a g e ▪ Browse for the Main Document and Attachments PDF Screen: Click [Browse] to select the PDF image of the main document to be filed. There is a 50 MB total size limit on the documents, main and attachments combined, that can be uploaded to the CM/ECF system. Note: It is recommended that you preview the document before you upload. Note: Briefs filed pursuant to Local Rule 7.2 should be filed as a separate docket entry. The brief should be linked to the motion to which it relates. Note: The proposed order (when required) should be uploaded as an attachment to the motion in PDF format and a copy should be e-mailed to the assigned District Judge or Magistrate Judge in a Word compatible format. See the Electronic Case Filing Administrative Policies and Procedures Manual (Section L: Orders and Judgments) for details. Attachments and Exhibits that can be scanned. Note: If applicable, browse for any attachments that support this filing. Select a Category and/or type a brief description of the attached document, then click [Next]. Your filing will be considered deficient if this task is not performed. 45 | P a g e Attachments and Exhibits that cannot be scanned. Attachments or exhibits that cannot be scanned for e-filing and are allowed to be submitted to the Clerk’s Office in paper format may be filed using the following method: ➢ E-file a notice of manual filing (event) indicating that certain attachments have not been scanned and will be, instead, filed with the Clerk’s office. ➢ Print the resulting Notice of Electronic Filing (NEF), ➢ Attach it to the paper exhibits, and ➢ Submit it to the Clerk’s Office. Paper attachments submitted in this manner will be considered filed as part of the e-filed pleading. ▪ Response to Motion Deadline Screen Displays: (This screen only displays when filing documents with a deadline associated with them) DO NOT CHANGE DATE, LEAVE AT DEFAULT. The response due dates are automatically calculated by the system. ▪ Modify Text Screen: If applicable, select an option from the drop-down menu at the beginning of the text and/or add any desired text to the docket entry in the applicable field, then click [Next]. 46 | P a g e ▪ Final Text Screen: This screen displays the following warning, “Attention!! Pressing the NEXT button on this screen commits this transaction. You will have no further opportunity to modify this transaction if you continue.” • At this point or any time prior to this point, the filer can abort this CM/ECF filing or return to a previous screen by: o Clicking on any hyperlink on the blue menu bar. The CM/ECF system will reset to the beginning of the process. o Clicking the browser [Back] button until you return to the desired screen. Note: If you click the browser [Back] button and correct a screen, the screens that follow all reset to the original defaults. • Verify that the docket text is correct, and the correct files have been uploaded and click [Next]. ▪ Notice of Electronic Filing Screen Displays: Transaction complete. See descriptions on next page. 47 | P a g e Description 1 Notice of Electronic Filing (NEF) - Represents your Certificate of Service. The Court strongly urges you to copy it to a file on your computer hard-drive, print it, and retain a hard copy in your personal files. 2 The date of the transaction. 3 The time of the transaction. 4 Case information; case name, case number, and filer. 5 The document number assigned to the entry. 6 The docket text, including any modifications. 7 This section will display each attorney and/or party who has consented to electronic service for this case. 8 This section will display the names and addresses of individuals who will not be electronically notified of the filing. It is the Filing Users responsibility to serve hard copies of the pleading and the notice of Electronic Filing to the attorneys and pro se parties who are not set up for electronic notification. 9 Each document that is uploaded to the CM/ECF system gets its own unique electronic document stamp. 48 | P a g e E-Mail Notification of Documents that were filed: ▪ After a pleading is electronically filed, the CM/ECF System sends a Notice of Electronic Filing to the designated attorneys and parties who have supplied their E-mail addresses to the Court. Individuals who receive electronic notification of the filing are permitted one "free look” at the document by clicking on the associated hyperlinked document number embedded in the Notice of Electronic Filing. If the document is a sealed document, a party who has authorization to view the document must login to CM/ECF (not PACER) before viewing the sealed document. It is suggested that you note the document number assigned on your copy of the PDF file residing on your hard drive. The Court strongly urges you to copy the Notice of Electronic Filing and pleading documents to your hard-drive for future access. Subsequent retrieval of the case docket sheet and pleading from CM/ECF must be made through your PACER account and is subject to regular PACER fees. 49 | P a g e SECTION 10 - OBTAINING INFORMATION FROM CM/ECF SYSTEM Query Feature • Registered PACER Users can use this feature to query the CM/ECF system for specific case information. To enter the Query mode, click Query on the blue menu bar in CM/ECF. ➢ CM/ECF opens the PACER Login screen. Note: Your PACER login and password are different from your CM/ECF login and password. You must have a PACER account to retrieve, view, and print certain documents. You will be charged a fee to access documents, docket sheets, etc. from PACER. 50 | P a g e • After you enter your PACER login and password, CM/ECF opens the Query screen depicted below. ➢ The mainly used options are listed below; 51 | P a g e Attorney Case Summary 52 | P a g e Deadlines/Hearings *** Not all hearings/deadlines may appear in report. Reliance on dates/hearings set in CM/ECF does not excuse late filings or failure to appear. *** 53 | P a g e Docket Report • The document numbers in the middle column are hyperlinks to PDF files of the actual documents. Click the button next to the document number and the Electronic Notification Report for the document will display. 54 | P a g e History/Documents • You may view a PDF file of actual documents by clicking on the document number in the far-left column of the report. Click the gray button next to the document description to view the Electronic Notification Report for the document. 55 | P a g e Reports Feature • The Reports feature of CM/ECF provides the user with several report options. After selecting the Reports option from the blue menu bar, CM/ECF opens the Reports screen depicted below. 56 | P a g e Docket Sheet • Click the Docket Sheet hyperlink and CM/ECF will open the docket Sheet report query window depicted below. 57 | P a g e Civil Cases Report Note: If you leave all fields blank, CM/ECF will display a report for all cases opened in CM/ECF. • The far-left column of the Cases Filed report contains hyperlinked case numbers. If you click on a case number, CM/ECF opens the Docket Sheet report window from which you can retrieve the docket sheet for the selected case. Follow the instructions in the previous section for the Docket Report. 58 | P a g e SECTION 11 - SPECIAL PROCEDURES Appeals 1. Filing - A notice of appeal should be filed electronically as outlined in the Docketing in a Civil, on page 38 or Docketing in a Criminal Cases Criminal Cases on page 43 of this manual. The electronic notice constitutes the copy the clerk is required to serve under Fed. R. App. P. 3(d). Civil > Other Filings > Appeal Documents >Notice Appeal 2. Fees - If you are filing a motion for leave to appeal in forma pauperis, it should be electronically filed immediately after filing the notice of appeal. If you are paying the fee, it must be remitted to the Clerk’s office within 24 hours (excluding weekends, holidays, and days the court is closed) of filing the notice of appeal. 3. Follow instructions as directed by the 4th Circuit Court of Appeals. http://www.ca4.uscourts.gov/docs/pdfs/cmecfusermanual.pdf Briefs Briefs filed pursuant to Local Rule 7.2 should be filed as a separate docket entry and be linked to the motion to which it relates. 59 | P a g e Certificate of Service Effective December 1, 2018, Fed. R. Civ. P. 5(d)(1)(B) was amended eliminating the requirement for a certificate of service when service is made via CM/ECF. A certificate of service on all parties entitled to service of notice is only required when a party serves a document through means other than filing it CM/ECF. The certificate of service must state the manner in which service was accomplished on each party entitled to service or notice. The certificate of service may be filed as a part of the document or as a separate document. a) As a Part of the Document - Before converting your document to PDF and filing it electronically, check to see which parties will not be electronically noticed. Click on Utilities, Mailing Info for a Case, and enter the case number. The CM/ECF system will show who will be electronically noticed and who will not. You can copy and paste the names of the parties who will be electronically noticed to a label maker. Add a traditional certificate of service to your document, stating specifically to whom copies were mailed. It is not sufficient to state that copies will be mailed to any party not electronically noticed. Then file your document as outlined in Section E of the Electronic Case Filing Administrative Policies and Procedures Manual. b) As a Separate Document - If you file your document and notice that a party, was not sent a notice of electronic filing, you can create and file a separate certificate of service. A sample certificate of service is contained in the Form B section of the Electronic Case Filing Administrative Policies and Procedures Manual. Certified, Notarized and Documents Authenticated by Other Means Documents, which are certified, notarized or authenticated by other means, should be scanned and filed electronically. The Filing User is responsible for maintaining the original and making it available for inspection upon request by the court or another party. The Filing User 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 of an order terminating the action on appeal. 60 | P a g e Ex Parte Matters Parties can file an ex parte matter electronically using CM/ECF. A motion requesting permission to file an ex parte matter under seal shall include the ex parte matter as an attachment. The clerk shall treat the motion to seal and its attachment as sealed pending order of the court. (See Local Rule 7.4). To file a sealed ex parte motion, follow the below instructions. Under Motions: Select SEALED Ex Parte Motion from the list of available events. The Sealed Ex Parte Motion event along with the corresponding Sealed Ex Parte Memorandum and Ex Parte Documents restrict the docket entry and underlying documents from public view. During the docketing of the events, the Filing User will choose the parties to receive the NEF and to have access to the documents. Only the parties chosen will be able to see the documents. In addition, the Filing User MUST choose his/her name from the list of parties to view the documents. 61 | P a g e Exhibits Exhibits should be filed as attachments to the document to which they relate. See Section K of the Electronic Case Filing Administrative Policies and Procedures Manual for information on filing attachments. Each exhibit should be a separate attachment in PDF format. Larger documents should be broken into sub-parts. For example, Exhibit 7 Part 1, Exhibit 7 Part 2, Exhibit 7 Part 3, etc. Note: Briefs filed pursuant to Local Rule 7.2 should not be filed as an exhibit or attachment to the document to which it relates. Filing Documents Under Seal Use the following link for information on filing documents under seal. http://www.ncmd.uscourts.gov/sealed-document-guidance Removals When removing a case from state court, you should: Scan any state court documents to be filed. Each document should be scanned separately and docketed as an exhibit to the Petition for Removal. • Complaint or Amended Complaint • Summons • Answer, if applicable The Notice of Removal to adverse parties and to clerk of superior court should be docketed as a separate document. 62 | P a g e Return of Service Executed Summons When docketing an executed summons, use the event Affidavit of Service in the CM/ECF system or use Affidavit of Service on Government, whichever is applicable. When an executed summons is docketed, CM/ECF will automatically enter the date an answer is due based upon the date party was served. The default setting is 60 days as to the United States and 21 days for any other party. If the case is one where a different amount of time in which to answer is permitted by statute, rule or court order, the date set by CM/ECF may not be accurate. If the date of service entered into CM/ECF is incorrect, the date set by CM/ECF will not be accurate. Note: Reliance on dates/hearings set in CM/ECF does not excuse late filings or failure to appear. The following variations to the basic steps of electronic filing will occur when you are filing an executed return of service: • A return of service should be filed by Plaintiff’s counsel electronically, not submitted directly to the Court by a private process server. The only occasion when a return is filed directly with the Court is if the U.S. Marshal was directed to make service, or the party filing the return of service is Pro Se. • A return of service is almost always in paper format and will need to be scanned. It is the responsibility of the filing party to maintain the original paper version at least until the conclusion of any appeal or expiration of the time for filing an appeal. The original paper version must be made available for inspection at the request of the Court or any other party. • If you are filing a return for a party who was served with a 21-day summons, choose “summons returned executed” event from the list of available events. If you are filing a return for a party who was served with a 60-day summons, choose “summons returned executed as to USA” event from the list of available events. 63 | P a g e Waiver of Service of Summons When an executed Waiver of Service of Summons is docketed, the filing party must enter the date the waiver was mailed, which will prompt CM/ECF to automatically generate the answer due date, which is 60 days from the date the notice was mailed. The following variations to the basic steps of electronic filing will occur when you file a Request for Waiver of Service or Waiver of Service Executed. • A Request for Waiver of Service should be filed when you request a waiver of service of summons. This event will notify the court that you have requested a waiver and will not be requesting that summons be issued. • A Waiver of Service Executed is used to set the proper 60-day response due deadline even when the responding party is a non-governmental entity or individual. Motions Pursuant to Local Rule 7.3 all motions, unless made during a hearing or at trial, shall be in writing and shall be accompanied by a brief except as provided in section (j) of this rule. Each motion shall be set out in a separate pleading. To file a motion, follow the general filing instructions in Section 8. Motion for Leave to Amend When filing a motion for leave to file an amended pleading, the proposed amended pleading shall be electronically filed as an attachment to the motion for leave. If the motion is granted, you should then file the amended pleading in the CM/ECF system, unless otherwise instructed by the court. See Local Rule 15.1. 64 | P a g e Motions for Psychiatric and Psychological Exams Motions for psychiatric and psychological exams shall be filed under the “SEALED Motion for Exam Report and Treatment” event. Motion to Compel Discovery Motions that relate to discovery, use the event “Compel Discovery.” Pursuant to Local Rules 7.3(f) and (h) and 37.1(c), the time for filing related to discovery is 14 days for a response deadline and 7 days for a reply deadline. In all other instances, the event “Compel” should be used, which sets a response deadline of 21 days. The Court will not consider motions and objections relating to discovery unless moving counsel files a certificate that after personal consultation and diligent attempts to resolve differences the parties are unable to reach an accord. See Local Rule 37.1. Notice of Special Appearance Attorneys not admitted to practice in the Middle District of North Carolina, use the CM/ECF event: Notice of Special Appearance. There is a fee associated with this filing. See Local Civil Rule 83.1(d). Attorneys admitted to practice in the Middle District of North Carolina and federal government attorneys should continue to use the CM/ECF event: Notice of Attorney Appearance. 65 | P a g e Orders 1. Entry - Electronic filing by the Court regarding any orders, decrees, judgments or proceedings of the court shall constitute entry on the docket. Pursuant to the Federal Rules of Civil Procedure a Notice of Electronic Filing will be generated and sent to each registered user listed as a party in the case. 2. Signatures - Any order filed electronically without the original signature of a judge has the same force and effect as if the judge had affixed his or her signature to a paper copy of the order and it had been entered on the docket in a conventional manner. 3. Electronic Text (Paperless) Orders - At his or her discretion, a judge may rule upon a motion by having a text only entry made on the docket. There will be no PDF document attached to the entry. CM/ECF will generate a notice of electronic filing. These orders have the same force and effect as any other type of order. Proposed Orders Proposed orders along with a motion; • the proposed order should be uploaded as an attachment to the motion in PDF format, and; • the proposed order should be emailed to the assigned District Judge or Magistrate Judge in a Word compatible format. Please see the Electronic Case Filing Administrative Policies and Procedures Manual (Section L: Orders and Judgments) for details and a list of emails for each judge. Registration of Foreign Judgment • Foreign Judgment are opened as Miscellaneous Cases (MC) in this Court. Filing Users cannot open these cases electronically. • An AO Form 451, copy of the certified judgment, and a check with the applicable miscellaneous filing fee should be mailed or brought to the Clerk's Office for the case to be opened. 66 | P a g e Responses and Replies To file a response to a motion or a reply to a response, follow the general filing instructions in filing documents choosing Responses and Replies from the main civil menu. After you select your document, the system will show a list of all pending motions and prompt you to check which motion(s) your response or reply relates to. Click on the applicable box(es) and continue as you would for filing any document. Responses to Motions to Compel Discovery and Motions for Protective Order When applicable, use the CM/ECF events: Response to Motion for Discovery and Response to Motion for Protective Order, which set a reply deadline of (7) days pursuant to Local Rules 7.3(h) and 37.1(c). Using the generic Response event will result in the incorrect setting of a 14 day reply deadline. Web Accessible Filers Several new web accessible civil and criminal events have been created in CM/ECF, which are listed under the Web Accessible heading. These events were created to comply with Section 508 of the Rehabilitation Act and are intended to help a blind user with assistive technology, such as screen reader software, to independently file documents. These events are not as functional as other non-web accessible events due to programming limitations beyond the Court’s control. If you experience any difficulties with the new events or have any questions, please contact the Clerk’s Office at 336-332-6030. 67 | P a g e SECTION 12 - DOCUMENTS FILED IN ERROR Information A document incorrectly filed in a case may result from; • posting the wrong PDF file to a docket entry; • selecting the wrong document type from the menu; or • entering the wrong case number. The CM/ECF System does not permit a Filing User to change incorrect docket entries or misfiled document(s) after the transaction has been accepted. If you discover an error after completion of a transaction, contact the Clerk’s Office, as soon as possible, at 336-332-6000 or the Toll Free Help Desk at 1-800-659-2212. The Filing User will need to provide the case number and docket entry number of the item requiring correction. The Clerk’s Office will advise the best course of action to correct the filing error. A notice of deficiency may be docketed for the event. Error Found During Quality Control Process The Clerk’s Office will review filed documents for compliance with the filing requirements as specified in the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Local Rules and the Administrative Policies and Procedures of this Court. The Filing User will be notified of any identified errors requiring corrective action. 68 | P a g e SECTION 13 - RESOURCES Information The court has many resources to assist you with Electronic Filing. ➢ User Manual ➢ Electronic Case Filing Administrative Policies and Procedures Manual ➢ Tutorials ➢ Training Database - Practice entering documents into CM/ECF using a “training” database that is similar to the official live CM/ECF database ➢ Sealed Document Guidance ➢ Local Rules ➢ Official Federal and Local Forms PACER accounts may be shared by multiple individuals. In contrast, each CM/ECF registered user is required to have his or her own individual account, login, and password. 69 | P a g e Troubleshooting Cannot View Document Using Link in E-mail Notification CM/ECF Prompts to Enter PACER Login and Password. Each e-mail notification that a document has been filed electronically contains a link to the document which you may use one time to view, download and/or print the document without being charged. When you click on the link you are prompted to enter your login and password, it means that according to the system you have already had your one time “free look”. Certain things will make the system act as if you have accessed the document when in fact, you have not. To avoid this problem, do not forward an e-mail notification to another e-mail address, and do not open the e-mail and close it without using the link to view, download or print the document. To help ensure that you do not accidentally miss your free look, which expires 15 days after filing, it is suggested that you add a second e- mail address to your account. Each address will have the opportunity for one free look at the document. See Your Account under Utilities for instructions on adding additional e-mail addresses. The CM/ECF System Displays an Error Message when Trying to Upload My Documents. Occasionally you will try to attach a document, but when you click on Next, you may receive the following messages: 70 | P a g e ➢ ERROR: Document is not a well- formed PDF document. This means the system is not recognizing your document as a PDF. First, check to make sure that you did not accidentally attach a document in another format. Second, try going back to your word processing version of the document, convert it again, save with a new name and try filing the document again. ➢ ERROR: You cannot load this file because it is over 50 MB. This means the document you uploaded exceeds the 50 MB size limit. Try reducing the size of your PDF. If all else fails, attach what you can to the entry and remain under the 50 MB size limit. Then use the event Civil > Other Documents > Additional Attachments to Main Document to file the rest of the documents. There will be a chance to link this entry to the previous entry when docketing this event. Note: The 50 MB size limit is for the total size of all the documents being filed, not per document. Spreading Docket Text If a case has an associated case the CM/ECF system will give you the ability to spread the docket text to those associated cases when filing a document. The Filing User has the option to say “Yes” or “NO.” The Filing User can select a case, multiple cases or all the associated cases. 71 | P a g e How to Add/Create a New Party Filer ➢ The Search for Party Screen Displays: Enter in ALL CAPS the party’s First and Last name and click “Search”. If the party is a business, enter full name, in ALL CAPS, with correct punctuation in “Last/Business Name” field and click [Search]. The CM/ECF system stores names from other cases. The court wants you to search for the name of the party in our CM/ECF system while opening a case. The party you are searching for, if a popular name, may already be in CM/ECF system. Therefore, creating a new party is not required. See the table below for instructions. If party search results… Then… Finds an exact match ➢ Highlight the name. ➢ Click [Select Party]. ➢ Proceed to next step. No matches or not exact match ➢ Click [Create New Party]. ➢ Proceed to next step. 72 | P a g e ➢ The Party Information Screen Displays: See table below, the “Role” field is the most important field to populate. Select either Plaintiff or Defendant from the “Role” drop-down list. Click [Add Party] when finished. Title Add Doctor or Dr., Officer. Mrs., Mr. etc. Role Select the party’s role from the drop-down list. Pro Se Leave at default. Prisoner Id Unless otherwise directed in this manual, always leave the prisoner Id field blank. Unit Leave blank, unless applicable for a prisoner case. Office Leave these fields blank UNLESS the party is a pro se. If the party is pro se, Address 1-3 enter their mailing address information in the applicable fields for mailing purposes. City State Zip Country Prison Phone Fax E-mail 73 | P a g e Party text Enter party text, if applicable. Note: Party text is descriptive information about the party, (e.g. In his official capacity, Commissioner of Social Security etc.) and will be found in the caption of the initiating document. DO NOT enter alias information. Start date Leave blank. End Date Leave blank. Corporation If the party is a corporation, select “yes.” If the party is an individual, select “no.” Notice Leave at the “yes” default. Note: Click the Expand All hyperlink located at the top of the side panel window to view each party you have added thus far. Note: If applicable, once the names have been added to the left-hand side of the screen you are then able to click on the “Alias...” icon, located under the party name, to enter an alias for the party. Icon Action You can remove a party, an alias, or a corporate parent/affiliate You can make edits to a party’s name, alias, or corporate parent/affiliate Add an Alias or Add a corporate parent or affiliate 74 | P a g e ➢ Do not add a “Corporate Parent or Other Affiliate.” If disclosures of Corporate Affiliations are going to be filed, it will be at the same time of filing the disclosure that the corporate parent/affiliate will be added. ➢ CM/ECF automatically adds you as an attorney filer once you file your initiating document. Note: If you are filing a complaint or a petition for removal, all additional attorneys who may have signed that initiating document, must electronically file his/her own Notice of Appearance a Notice of Special Appearance (if you are not admitted to practice in this district) pursuant to Local Civil Rule 83.1(d) after the lead event has been docketed. The attorney who filed the complaint or petition for removal will automatically be added to the case and will not need to file a separate Notice of Appearance. Note: If you are filing a petition for removal, the Clerk’s Office will add all plaintiff attorneys of record. Note: If you make an edit or delete a name from the list, you will be asked if you are sure you want to make this change. If you click [Yes], the following screen will display. ➢ Search for the Next Party Screen Displays: Repeat steps 5-7, until all parties (plaintiffs and defendants) have been added. You may have to click [Add New Party] in the left-hand corner of the screen to get back to the party search screen. 75 | P a g e SECTION 14 - HELP DESK Information The initial point of contact for any Filing User having trouble filing a document electronically should be the CM/ECF Help Desk. Contact the Court’s Help Desk between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, if you need assistance using the CM/ECF system. Help Desk Phone Numbers Toll Free 1-800-659-2212 Clerk’s Office 336-332-6030 A technical failure on a given day is determined if the system 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 Time that day. Known system outages will be posted on the Court’s web page, if possible. See Electronic Case Filing Administrative Policies and Procedures Manual, Section P, for further details. 76 | P a g e
Official source: http://www.ncmd.uscourts.gov/sites/ncmd/files/ecf_user_man.pdf · retrieved 2026-07-23