THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ELECTRONIC CASE FILING POLICIES AND PROCEDURES
As Amended April 3, 2014
1. Definitions
(a) “Document” shall include pleadings, motions, briefs, memoranda, exhibits,
certifications, declarations, affidavits, papers, orders, notices, and any other
filing by or to the Court.
(b) “Case Management/Electronic Case Filing” System (ECF) refers to the
Court’s automated system, developed for the Federal Judiciary by the
Administrative Office of the United States Courts, that receives and stores
documents filed in electronic form.
(c) “ECF Filing User” is an attorney who has a Court-issued login and password
to file documents electronically.
(d) “Notice of Electronic Filing” (NEF) is a notice automatically generated by the
Electronic Filing System at the time a document is filed with the system,
setting forth the time of filing, the name of the party and attorney filing the
document, the type of document, the text of the docket entry, the name of
the party and/or attorney receiving the notice, and an electronic link
(hyperlink) to the filed document, which allows recipients to retrieve the
document automatically.
(e) “Public Access to Court Electronic Records” (PACER) is an automated
system that allows an individual to view, print, and download Court docket
information over the internet.
(f) “Paper Filing” is submitting a document in hard copy on paper.
(g) “Pay.gov” is an electronic credit card payment system established by the
United States Department of Treasury.
(h) “Portable Document Format” (PDF) A document created with a word
processor, or a paper document that has been scanned, must be converted
to portable document format to be filed electronically with the Court.
Converted files contain the extension “.pdf.” PDF documents should be text
searchable and, at a minimum, 400 dpi.
(i) “Procedures” refers to these Electronic Case Filing Policies and Procedures.
(j) “Proposed Order” is a draft document submitted by an attorney for a Judge’s
signature.
(k) “Technical Failure” is defined as a malfunction of Court owned/leased
hardware, software, and/or telecommunications facility which results in the
inability of an ECF Filing User to submit a filing electronically. Technical
Failure does not include malfunctioning of an ECF Filing User’s equipment.
2. Actions Subject to Electronic Case Filing
All civil, criminal, miscellaneous cases and documents filed in this Court, will be
entered into the Court’s ECF System in accordance with these Procedures. Except as
expressly provided in these Procedures, and in exceptional circumstances, all documents
including Complaints and Notices of Removal shall be filed electronically. In a case
removed to the Court, the removing party shall file electronic copies of all documents
previously filed in state Court. Documents submitted as a Paper Filing must be
accompanied by a CD containing the same documents in PDF. All individual PDF
documents must be no larger than the Court’s file size limitations as found on the Court’s
website at www.njd.uscourts.gov.
3. Initial Documents
Complaints and Notices of Removal are to be filed electronically. Initiating
pleadings in cases subject to sealing by statute (e.g., qui tam) shall be filed as a Paper
Filing.
In criminal cases, the indictment, information, or complaint, including any
superseders, warrant for arrest or summons, shall be filed as a Paper Filing.
4. Eligibility, Registration, Passwords
Attorneys - The following attorneys are eligible to register as ECF Filing Users: (a)
all attorneys admitted to the Bar of this Court, including attorneys authorized to represent
the United States; (b) out-of-state attorneys who represent a party in an action transferred
to this Court pursuant to an Order issued by the Judicial Panel on Multidistrict Litigation;1
(c) out-of-state attorneys who are retained to represent defendants in criminal cases. An
attorney shall register as an ECF Filing User by completing the prescribed registration form
and submitting it to the Clerk.
When registering as an ECF Filing User, an attorney is certifying that he/she has
completed requirements as imposed by the Court. After verification, the ECF Filing User
will receive electronic notification of the user login and password. An ECF Filing User shall
protect the security of the user’s password and immediately notify the Court if the ECF
Filing User suspects that the password has been compromised. No person other than the
ECF Filing User and his/her authorized agent may use the login and password. The
registration form and training requirements are available on the Court’s web site at
www.njd.uscourts.gov.
An ECF Filing User shall promptly modify his/her contact information by accessing
“Maintain Your Account” under Utilities in the ECF System, if there is a change in personal
data, including name, e-mail address, and telephone number, as required under Local Civil
Rule 10.1. Other individuals who receive NEF’s, such as pro hac vice counsel, shall
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Pursuant to the General Rules of the Judicial Panel on Multidistrict Litigation, any
attorney of record in any action transferred under 28 U.S.C. § 1407 may continue to
represent his or her client in any district court of the United States to which such action is
transferred; therefore, parties are not required to obtain local counsel in the district to which
such action is transferred.
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promptly submit modifications of his/her contact information by notifying the Court by e-mail
to
[email protected].
Pro Se Parties - A party who is not represented by counsel must file documents with
the Clerk as a Paper Filing.
A Pro Se party who is not incarcerated may request to receive filed documents
electronically upon completion of a “Consent & Registration Form to Receive Documents
Electronically.” The form is available on the Court’s web site at www.njd.uscourts.gov.
5. Consequences of Electronic Filing
Electronic transmission of documents to the ECF System in accordance with these
Procedures, together with the transmission of a NEF from the Court, constitutes filing of
the document for all purposes of the Federal Rules of Civil Procedure, the Federal Rules
of Criminal Procedure, and the Local Civil or Criminal Rules of this Court, and constitutes
entry of the document on the docket kept by the Clerk under Federal Rules of Civil
Procedure 58 and 79 and Federal Rules of Criminal Procedure 49 and 55.
When a document has been filed electronically, the official record of that document
is the electronic recording as stored by the Court on the ECF System. A document filed
electronically is deemed filed on the date and time stated on the NEF from the Court.
Electronic filing must be completed before midnight Eastern Standard Time in
order to be considered timely filed that day. In accordance with Rule 6(d) of the Federal
Rules of Civil Procedure and Rule 45(c) of the Federal Rules of Criminal Procedure,
service by electronic means is treated the same as service by mail for the purposes of
adding three (3) days to the prescribed period to respond.
Before filing a scanned document with the Court, an ECF Filing User must verify its
legibility.
6. Entry of Court Orders and Related Papers
All orders, decrees, judgments, and proceedings entered or issued by the Court will
be filed in accordance with these Procedures, and such filing shall constitute entry on the
docket kept by the Clerk under Federal Rules of Civil Procedure 58 and 79 and Federal
Rules of Criminal Procedure 49 and 55.
Orders will be filed electronically. An order filed electronically signed with an s/
shall have the same force and effect as if the order had a handwritten signature.
Routine orders may be granted by a text-only docket entry for which a NEF will be
generated. In such cases, no PDF document will be issued, and the text-only entry shall
constitute the only order on the matter.
A Proposed Order accompanying a motion should be submitted as an electronic
attachment to the motion. Any other type of Proposed Order should be submitted in
accordance with the procedure for a “Proposed Order” as found on a list of Judicial
Preferences which can be accessed on the Court’s website at www.njd.uscourts.gov.
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7. Notice of Court Orders and Judgments
Immediately upon the entry of an order or judgment in an action, the Clerk will
transmit to all ECF Filing Users in the case, a NEF. Electronic transmission of the NEF
constitutes the notice required by Federal Rules of Civil Procedure 77(d) and Federal
Rules of Criminal Procedure 49(c).
8. Attachments and Exhibits.
An ECF Filing User shall submit in electronic form all documents referenced as
exhibits or attachments, including briefs, in accordance with the Court’s requirements found
on the website as www.njd.uscourts.gov, including file size limitations contained therein,
unless otherwise ordered by the Court. An ECF Filing User shall submit as exhibits or
attachments only those excerpts of the referenced documents that are directly germane
to the matter under consideration by the Court. Excerpted materials must be clearly and
prominently identified as such. The Court may require parties to file additional excerpts or
the complete document.
9. Courtesy Copies
In addition to the electronic filing of all motion papers, including briefs, in support
of or in opposition to a motion, the ECF Filing User shall submit forthwith to the Judge’s or
Magistrate Judge’s chambers at least one courtesy copy of each filed paper or brief in
paper form without a CD, unless otherwise directed by the judicial officer. To determine
the number of copies the judicial officer requires, parties should refer to the Judicial
Preferences list which can be accessed on the Court’s website at www.njd.uscourts.gov.
These documents shall be clearly marked as courtesy copies and mailed or delivered
directly to chambers.
10. Sealed Documents
(a) Civil Documents. Documents, subject to sealing, must be submitted
electronically and in compliance with Local Civil Rule 5.3.
Unless otherwise provided by federal law, nothing may be filed under seal unless
an existing order so provides or Local Civil Rule 5.3(c)(3) is complied with. FAILURE TO
COMPLY WITH LOCAL CIVIL RULE 5.3 MAY RESULT IN A WAIVER OF ANY
OTHERWISE VALID BASIS FOR SEALING AND MAY RESULT IN THE DOCUMENT IN
ISSUE BECOMING PUBLICLY AVAILABLE.
(b) Criminal Documents. Documents subject to sealing must be submitted as a
Paper Filing, in an envelope clearly marked “sealed,” and shall be accompanied by a CD
containing the document in PDF. A motion to file a document under seal, and the order
of the Court authorizing the filing of documents under seal, may be filed electronically,
unless prohibited by law. A paper copy of the sealing order must be attached to the
documents under seal and be delivered to the Clerk.
(c) Sexually explicit materials. Sexually explicit material(s) and any other material(s)
that contain(s) inappropriate content for public access on the ECF System must be filed
under seal until the Court determines under Federal Rule of Civil Procedure 5.2(d), Federal
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Rule of Criminal Procedure 49.1(d) and Local Civil Rule 5.3(c)(6) whether the material(s)
should remain under seal.
11. Exceptions to Electronic Filing
(a) Permissive Exceptions
A party may move for permission to serve and file as a Paper Filing
documents that cannot reasonably be scanned.
(b) Mandatory Exceptions
The following documents are excluded from the ECF System and shall be
filed or submitted solely as a Paper Filing:
(1) Transcripts of jury selection/voir dire
(2) Grand Jury Matters
The following documents are examples of grand jury matters:
1) Minute sheets of swearing in and impanelment;
2) Grand jury returns;
3) Voting slips;
4) Motions to quash subpoenas and orders ruling on them;
5) Motions to enforce subpoenas and orders ruling on
them;
6) Motions for immunity and orders ruling on them;
7) Motions for appointment of counsel and orders ruling on
them.
(3) Warrants Issued
The following are examples of types of warrants issued:
1) Seizure warrants;
2) Search warrants;
3) Pen registers;
4) Wire tap orders;
(4) Sentencing Memoranda should be submitted directly to chambers.
(5) Initiating pleadings in cases subject to sealing by statute (e.g., qui
tam).
12. Signatures
(a) Attorney Signatures. The user login and password required to submit
documents to the ECF System serves as the ECF Filing User’s signature on
all electronic documents filed with the Court for purposes of Federal Rules
of Civil Procedure 11, all other Federal Rules of Civil Procedure, Federal
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Rules of Criminal Procedure, and the Local Civil and Criminal Rules of this
Court, and any other purpose for which a signature is required in connection
with proceedings before the Court.
An electronically filed document, or a document submitted on CD, and in
compliance with Local Civil Rules 10.1 and 11.1, must include a signature
line with “s/,” as shown below.
s/ Jennifer Doe
(b) Non-Attorney Signatures. A document requiring the signature of a non-
attorney must be filed electronically by: (1) submitting a scanned document
containing the necessary signature; or (2) in any other manner approved by
the Court.
(c) Multiple Signatures. Where a document requires the signatures of more
than one (e.g., stipulations, consent orders) the “s/” block can be substituted
for the signatures of ECF Filing Users. By submitting a document with “s/”
block signatories, the filing attorney certifies that each of such signatories
has expressly agreed to the form and substance of the document and has
authorized the filing attorney to submit the document electronically. The filing
attorney shall retain any records evidencing this agreement for future
production, if necessary, until one (1) year after all periods for appeals
expire. Any person who disputes the authenticity of any of the signatures on
a document containing multiple signatures must file an objection to the
document within fourteen (14) days of the date of the NEF.
13. Retention Requirements
The original of any document that is electronically filed and requires an original
signature other than that of the ECF Filing User must be maintained by the ECF Filing User
and/or the firm representing the party on whose behalf the document was filed until one
(1) year after all periods for appeals expire. On request of the Court, the ECF Filing User
or law firm must provide the original document.
14. Service of Documents by Electronic Means
(a) Service of Process
With regard to the service of complaints including, amended complaints that
add parties and third party complaints, service of process must be made in
accordance with Federal Rule 4 of Civil Procedure and the Local Rules of
this Court.
(b) Other Types of Service:
(1) ECF Filing User
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Upon the electronic filing of a pleading or other document, the Court’s
ECF System will automatically generate and send a NEF to all ECF
Filing Users associated with that case. Transmission of the NEF
constitutes service of the filed document on Filing Users.
If the ECF Filing User becomes aware that the NEF was not
transmitted successfully to a party, or that the notice is deficient, e.g.,
the electronic link to the document is defective, the filer shall serve a
copy of the filed document by e-mail, hand, facsimile, or by first-class
mail postage prepaid immediately upon notification of the deficiency
of the NEF.
The submission of the completed and signed ECF Filing Registration
Form to the Court constitutes consent to service of all papers via the
Court’s ECF System as provided in Federal Rules of Civil Procedure
5(b) and 77(d), and Federal Rule of Criminal Procedure 49, the
NEFconstitutes service of the filed document on ECF Filing Users.
A certificate of service must be included with all documents filed
electronically. The certificate of service must indicate how service
was accomplished, i.e., electronically and/or by other means as
provided in Federal Rule of Civil Procedure 5(b) and Federal Rule of
Criminal Procedure 49.
(2) Non ECF Filer
A Non ECF Filer is entitled to receive a paper copy of any
electronically filed document from the party making such filing.
Service of such paper copy must be made according to the Federal
Rules of Civil Procedure, the Federal Rules of Criminal Procedure,
the Local Civil or Criminal Rules of this Court.
15. Technical Failures
A technical failure occurs when the Court’s ECF System is unable to accept filings
continuously or intermittently for more than one hour beginning after 12:00 noon (Eastern
Time) that day. If an ECF Filing User experiences a technical failure, the document shall
be submitted to the Court that day in an alternative manner, provided that it is
accompanied by an affidavit of the ECF Filing User’s failed attempts to file electronically
at least two times at least one hour apart after 12:00 noon. The following methods of filing
are acceptable as a result of only the Court’s technical failure:
(a) In person, by bringing the document to the Clerk’s Office as a Paper Filing
in compliance with paragraph 2 of these Procedures.
(b) Via e-mail as a PDF attachment, sent to the e-mail address for Technical
Failures at
[email protected].
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(c) Through facsimile transmission to the Clerk’s Office where the presiding
judicial officer is stationed. An ECF Filing User subject to Technical Failure
may submit a document by fax. Please refer to the fax numbers listed on the
Court’s website at www.njd.uscourts.gov .
The initial point of contact for an ECF Filing User experiencing technical
difficulty filing a document electronically during business hours shall be the
Court’s ECF Help Desk at the toll free numbers listed on the Court’s website
at www.njd.uscourts.gov . After business hours, the point of contact for an
ECF User experiencing technical difficulty shall be the e-mail address for
Technical failures at
[email protected] to be answered the next
business day. When possible, the Clerk will provide notice of all such
technical failures on the Court’s website and/or by way of a broadcast e-mail
message distributed to all ECF Filing Users.
An ECF Filing User who suffers prejudice as a result of a technical failure
may seek appropriate relief from the Court.
16. Public Access
A person may retrieve information from the PACER System, including docket
sheets and documents in civil and criminal cases, by obtaining a PACER login and
password. It is recommended that a PACER account be established which can be
accomplished by visiting the PACER website at http://pacer.psc.uscourts.gov. Remote
access to electronic documents in Social Security cases is limited as outlined in Federal
Rule of Civil Procedure 5.2(c). Any case or document under seal shall not be available to
the public through electronic or any other means.
17. Sensitive Information
As the public may access case information through the PACER system, sensitive
information should not be included in any document filed unless the Court orders
otherwise. As required under Federal Rule of Civil Procedure 5.2(a) and Federal Rule of
Criminal Procedure 49.1(a), when making any electronic or Paper Filing with the Court that
contains an individual’s Social Security number, taxpayer identification number, or birth
date, the name of an individual known to be a minor, or a financial account number, a party
or nonparty making the filing may include only:
(1) the last four digits of the Social Security number and taxpayer
identification number
(2) the last four digits of the financial account numbers;
(3) the minor’s initials;
(4) the year of the individual’s birth; and
(5) In criminal cases, for home addresses, use only the city and state.
In compliance with the E-Government Act of 2002, a party wishing to file a
document containing the personal data identifiers specified above may either:
(1) File an unredacted version of the document under seal, or;
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(2) File a redacted version of the document and file a reference list under
seal. The reference list shall contain the complete personal
identifier(s) and the redacted identifier(s) used in its (their) place in the
filing. All references in the case to the redacted identifiers included
in the reference list will be construed to refer to the corresponding
complete personal data identifier. The reference list may be
amended as of right.
The Court may still require the party to file a redacted copy for the public file.
In addition, caution must be exercised when filing documents that contain the
following:
(1) Personal identifying numbers, such as a driver’s license number;
(2) Medical records, treatment, and diagnoses;
(3) Employment history;
(4) Individual financial information; and
(5) Proprietary or trade secret information.
Additional items for criminal cases only:
(1) Information regarding an individual’s cooperation with the government;
(2) Information regarding the victim of any criminal activity;
(3) National security information; and
(4) Sensitive security information as described in 49 U.S.C. § 114(s).
Counsel are strongly urged to share this information with all clients so that an
informed decision about the inclusion of certain material may be made. If a redacted
document is filed, it is the sole responsibility of counsel and the parties to be sure that
pleadings and other papers comply with the rules and orders of this Court requiring
redaction of personal identifiers. The Clerk will not review each filing for redaction.
Counsel and parties are cautioned that failure to redact personal identifiers in a
document filed with the Court may subject them to the full disciplinary and remedial power
of the Court, including sanctions pursuant to Federal Rule of Civil Procedure 11.
18. Correcting Docket Entries
Once a document is filed electronically, changes can only be made by the Clerk’s
Office. The ECF System will not permit the filing party to make changes to the document
or docket entry once the transaction has been accepted. Only upon an Order of the Court
can a document be removed from the ECF System.
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___________________________________________________________________
Comments:
Comment 1, paragraph 4 - Effective 1/2/12, attorneys no longer have to attend a hands-on
training session in order to obtain a login and password. Attorneys can now fulfill their
requirements by taking an online quiz and completing a series of questions and/or
attending hands-on training.
Comment 2, paragraph 4 - Moved from 1st paragraph of this section.
Comment 3, paragraph 11 (b) (1) - Section removed as it is already found in paragraph
10(c).
Comment 4, paragraph 11 (b) (5) - Added to be consistent with paragraph 3.
Comment 5, paragraph 12 (c) - Updated to be consistent with Federal Rule time
computations amended December 1, 2009.
Comment 6, paragraph 15 - word Standard stricken from Eastern Standard Time
Revised September 1,2008
March 5, 2010
January 4, 2012
May 1, 2012
April 3, 2014
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