CM/ECF Tips – September 12, 2017
Please see the below tips to help you with future filings in the Middle District of North
Carolina.
Clerk’s Office Screening of Documents
To help ensure that all filers are complying with the revised local rules, the Clerk’s Office
will be screening documents for compliance with requirements for word count
certifications, margins, spacing, certificates of service and signatures. When possible, we
will work with filers by phone or at the front counter to resolve any deficiencies.
Certificate of Good Standing Program
The Clerk’s Office has a new online program that allows attorneys to obtain a certificate
of good standing via CM/ECF. Please visit the Obtaining a Certificate of Good Standing
page on our website for more information and detailed instructions.
Three-Day Mailing Rule
On December 1, 2016, Federal Rule of Civil Procedure 6 and Federal Rule of Criminal
Procedure 45 was amended to make the three day mailing rule no longer applicable to
electronic filers. Please remember to include three additional days for mailing if the
respondent is not an electronic filer.
Motions to Compel Discovery
On May 1, 2017, Rule 37.1 of the Local Rules of Civil Procedure was modified to shorten
the response period for motions to compel discovery from 21 to 14 days and shorten the
related reply period from 14 to 7 days. Accordingly, new CM/ECF events have been
added for Motions to Compel Discovery and Responses to Motions to Compel
Discovery. For further information, please refer to section 10 of the CM/ECF User’s
Manual for further information.
Interpleader Actions
If an interpleader action is filed under 28 U.S.C. § 1335, please refer to Local Civil Rule
67.1 and the Court’s Court Registry Investment System (C.R.I.S.) web page at
http://www.ncmd.uscourts.gov/court-registry-investment-system-cris. The page explains
how interpleader fund deposits are handled and the importance of using the proper
docketing event when filing a Motion to Deposit Interpleader Funds for cases filed
pursuant to 28 U.S.C. § 1335; in all other instances, the Motion to Deposit Funds event
should be used to docket the motion.
Certificate of Word Count
The May 1, 2017 amendments to the Local Civil Rules 7.3(d), 56.1(c) and 72.4 set word
count limits for briefs as well as word count limits for objections and responses to a
Magistrate judge’s recommendations or orders. Please ensure that you comply with the
local rules by including a certificate of word count for all of these documents.
Motion Practice
Pursuant to L.R. 7.3(a), each motion shall be set out in a separate pleading. Please ensure
that briefs are not filed in CM/ECF as an attachment to the related motion. Briefs filed
pursuant to L.R. 7.2 should be filed as a separate docket entry. For further details, refer to
section 10 of the CM/ECF User’s Manual.
Attorney Admission Status Search
A new search feature is available on our website. The Attorney Admission Status Search
allows the public to enter a North Carolina State Bar number or attorney name. The
search results will indicate an attorney's date of admission to the Middle District of North
Carolina and current status.
CM/ECF Training
New attorneys and those who would like a refresher are encouraged to sign-up for CM/ECF
training. New paralegals and office staff are welcome to attend training even if their
attorney already received training in the past.
CM/ECF Registration
Newly admitted attorneys and attorneys who have not yet used CM/ECF should complete
a CM/ECF Registration form. Being admitted to the Middle District of North Carolina does
not automatically qualify attorneys as CM/ECF filers.
Filing Documents Under Seal
When filing a document under seal, you will find that most CM/ECF events allow the
public to view the docket text of the event. Please be careful to ensure that the docket text
does not reveal anything you intend to keep confidential. For further information regarding
filing documents under seal please see our Sealed Document Guidance or Local Rule 5.4.
2
Proposed Orders
Please remember to submit proposed orders in Word or WordPerfect format to the
appropriate court e-mail address. Proposed orders should be submitted for motions where
no supporting brief is required. If the motion can be ruled upon by the clerk of court, the
orders should be sent to
[email protected]. If the related motion can be ruled
upon by a District or Magistrate Judge, submit the order to the appropriate district judge
order mailbox unless the parties have consented to a magistrate judge handling the entire
case pursuant to 28 U.S.C. § 636(c). Magistrate Judge Order e-mail boxes should only be
used when parties have consented to a Magistrate Judge under section 636(c). For a
complete listing of the proposed order e-mail boxes, refer to section L of the CM/ECF
Administrative Policies and Procedures manual. Unfortunately, many attorney filers are
forgetting to submit proposed orders, which leads to delays and extra phone calls for clerk’s
office staff.
3
