CM/ECF
PROCEDURES GUIDE
Revised 07/2019
Contents
Summary of changes to the 2016 CM/ECF Procedures Guide.................................................................. 3
1 ELECTRONIC FILING SYSTEM ................................................................................................................. 4
1.1 In General ...................................................................................................................................... 4
1.2 CM/ECF Registration ..................................................................................................................... 5
1.3 Service of Documents ................................................................................................................... 5
1.3.1 Initiating Documents ............................................................................................................. 6
1.3.2 After Initiating Documents.................................................................................................... 6
1.4 Signatures...................................................................................................................................... 6
2 ELECTRONIC FILING ............................................................................................................................... 6
2.1 Electronically Filing a Civil or Miscellaneous Case ........................................................................ 6
2.2 Summonses ................................................................................................................................... 7
2.3 Official Transcribers and Contract Court Reporters...................................................................... 7
2.4 Proposed Orders/Stipulations....................................................................................................... 7
2.5 Document Style and Title .............................................................................................................. 7
2.5.1 Case Number Format ............................................................................................................ 7
2.5.2 Title of Documents ................................................................................................................ 8
2.6 Social Security Administrative Records ......................................................................................... 8
3 FILING OF DOCUMENTS WITH SPECIAL CONSIDERATIONS .................................................................. 8
3.1 Documents to be Filed Under Seal and/or Ex Parte ..................................................................... 8
3.2 Documents Requiring Leave of Court (excluding sealed documents) .......................................... 8
3.3 Documents Larger Than the Electronic File Size Limit .................................................................. 8
3.4 Multiple Attachments and Exhibits Filed as a Single PDF File....................................................... 9
4 FEES PAYABLE TO THE CLERK’S OFFICE ................................................................................................. 9
4.1 Electronic Payment of Fees ........................................................................................................... 9
4.2 Other Than Electronic Payment .................................................................................................... 9
4.3 Refund of a Fee ............................................................................................................................. 9
4.4 Payment Verification .................................................................................................................... 9
5 CORRECTING DOCKET ENTRIES ............................................................................................................. 9
6 TECHNICAL FAILURES ............................................................................................................................ 9
6.1 On the Part of the Court ............................................................................................................... 9
6.2 On the Part of the Filer ............................................................................................................... 10
6.3 After Hours .................................................................................................................................. 10
6.4 Seeking Relief .............................................................................................................................. 10
7 PRIVACY AND CONFIDENTIALITY ........................................................................................................ 10
7.1 Redacted Documents .................................................................................................................. 10
7.2 Unredacted Documents .............................................................................................................. 10
8 PAPER FILINGS..................................................................................................................................... 11
8.1 New Civil Cases ........................................................................................................................... 11
8.2 New Criminal Cases ..................................................................................................................... 11
8.3 Other Electronic Filing Exceptions .............................................................................................. 11
8.4 Waiver of Electronic Filing .......................................................................................................... 11
9 PUBLIC ACCESS .................................................................................................................................... 11
9.1 At the Court................................................................................................................................. 11
9.2 Internet Access (PACER) .............................................................................................................. 12
Summary of changes to the 2016 CM/ECF Procedures Guide
Section 1.2. Updated to become consistent with the practices with regards to CM/ECF
Registration.
Section 1.2. Emphasis on the difference between a CM/ECF Account and a PACER
Account.
Section 1.2 and 1.3. Updated areas which previously included only filing and responsibilities of
attorneys to now include pro se filers when they have been given filing
rights.
Section 1.3.2. Updating certificate of service information to comply with the December
2018 changes to Fed. R. Civ. P. 5.
Section 2.1. Attorneys are required to file new miscellaneous cases electronically.
Section 2.4. Clarification that proposed orders should be emailed to chambers or
attached to the motion.
Section 2.4. Stipulations requiring Judicial Officer’s signature should be submitted to
chambers and not filed.
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1 ELECTRONIC FILING SYSTEM
1.1 In General
Unless permitted by these procedures or otherwise authorized by the assigned Judicial Officer
or other rule, all documents submitted for filing in this District shall be electronically filed using
the Case Management/Electronic Case Filing system (“CM/ECF”) by converting each document
into a searchable text PDF document and uploading it into CM/ECF. In addition to this
Procedures Manual, the Southern District of Ohio also has FAQs, How to Guides, and Training
Modules on the CM/ECF page on the Court’s website.
The Court does not accept e‐mailed or faxed documents for filing.
Users can access the CM/ECF system via the Internet by going to http://ecf.ohsd.uscourts.gov.
The OHSD Website lists the hardware/software requirements necessary to utilize CM/ECF.
An electronically submitted document shall not be considered filed for purposes of the Federal
Rules of Civil or Criminal Procedure until the filing party receives a system‐generated “Notice of
Electronic Filing” (“NEF”) described in Section 1.3 of these procedures.
A document will be deemed timely filed if electronically filed prior to midnight on the due date,
unless the assigned Judicial Officer has ordered the document to be filed by an earlier time on
that date. The Eastern Time Zone governs the filing time for the Southern District of Ohio,
rather than the time zone from which the filing is made.
We recommend filing parties configure their scanners to scan documents at 300 dpi and in black
and white rather than in color as uploading documents in color takes longer and may cause the
system to time out and not accept the filing. Documents appearing in color in their original
form, such as color photographs, may be scanned in color and then uploaded to CM/ECF. The
filing party is responsible for the legibility of the PDF document.
Parties proceeding pro se are not permitted to file electronically. A pro se individual may apply
to the assigned Judicial Officer for permission to electronically file documents. (A sample form is
available on the CM/ECF Information page on the Court’s website.)
The official court record will be the electronic file maintained in CM/ECF. The official record will
include, however, any paper documents or exhibits filed in accordance with these procedures.
The Clerk’s Office will discard all paper documents after they are scanned and uploaded to
CM/ECF unless directed by the Court to return to the filing party.
A party who wishes to have a paper document returned after the Clerk’s Office scans and
uploads it to CM/ECF shall provide a means for its return at the time of filing.
Anyone disputing the authenticity of an electronically filed document or the authenticity of a
signature on an electronically filed document must file an objection within 10 (ten) days of
receiving notice of the filing of that document.
Any order signed electronically has the same force and effect as if the Judicial Officer had signed
a paper copy in ink.
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The Clerk’s Office or any Judicial Officer of this Court may deviate from these procedures in
specific cases, without prior notice, if deemed appropriate in the exercise of discretion, taking
into consideration the need for the just, speedy, and inexpensive determination of matters
pending before the Court.
1.2 CM/ECF Registration
An attorney admitted to practice before this Court pursuant to S.D. Ohio Civ. R. 83.3 will
automatically become a filing user of the Court’s CM/ECF System and will be required to file
documents electronically. After admission the attorney will receive login credentials from the
Court.
After making a first appearance, non‐incarcerated pro se parties may seek leave of Court to file
electronically (e‐file) with CM/ECF. In order to file documents, a pro se party must first
demonstrate to the Court that he/she meets all the technical requirements necessary to access
and utilize the CM/ECF system. After a Judicial Officer grants permission to electronically file,
login credentials will be issued.
A filing user is responsible for securing their login credentials and for all documents filed using
those credentials. If a filing user believes the security of an existing account has been
compromised, the user must immediately change the password through the CM/ECF System.
The CM/ECF System will only allow a party to file documents. The PACER System allows parties
to view documents. BOTH A PACER ACCOUNT AND A CM/ECF ACCOUNT ARE NECESSARY TO
FULLY UTILIZE THE CM/ECF System.
By registering for electronic filing, an attorney or pro se filer consents to service by electronic
means pursuant to Fed. R. Civ. P. 5(b)(2)(E) to his/her e‐mail address on file with the Court.
It is the attorney or pro se filer’s responsibility to maintain his/her e‐mail address, mailing
address, telephone number and fax number by using “Maintain Your Account” on the Utilities
page. A guide to changing your password can be found on the CM/ECF Information page on the
Court’s website.
1.3 Service of Documents
Whenever a document is filed electronically CM/ECF will serve the document on all registered
counsel of record, or approved pro se filers, and will generate a “Notice of Electronic Filing”
(NEF). The NEF indicates whether the document has been served by electronic or other means.
The filer is responsible for serving hard copies of the pleadings and the NEF to attorneys and
parties who do not have a CM/ECF account.
Individuals who receive electronic notification of filing are permitted to view the document one
time at no cost by clicking on the associated hyperlinked document number embedded in the
NEF.
The Court strongly urges registered counsel of record and pro se filers to electronically store the
NEF and associated pleadings for future access. Subsequent retrieval of the case docket sheet
and pleadings from CM/ECF must be made through the filer’s PACER account and is subject to
any PACER fees.
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1.3.1 Initiating Documents
A party may not serve a complaint electronically, but must instead serve the summons
and complaint or other appropriate pleading and process as provided for in Fed. R. Civ.
P. 4 (including the service procedure found in S.D. Ohio Civ. R. 4.2), the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, or any other
applicable rule or statute.
1.3.2 After Initiating Documents
In accordance with Fed. R. of Civ. P. 5 no certificate of service is required when a
document is served on all parties by filing it with the Court’s electronic filing system.
The filing party must serve any party not registered in CM/ECF with the document as
provided in Fed. R. Civ. P. 5. When mailing paper copies of documents that have been
electronically filed, the filing party must include the “Notice of Electronic Filing” as proof
of the filing.
A filer who brings a document to the Clerk’s Office for filing in CM/ECF must serve all
parties not registered in CM/ECF as provided in Fed. R. Civ. P. 5.
1.4 Signatures
In general, the Clerk’s Office will scan and file into CM/ECF the following types of documents:
Original documents with original signature of a pro se litigant
Original documents with original signatures of non‐parties or other federal agencies
Any document that is filed electronically that requires an attorney’s signature shall be signed in
compliance with S.D. Ohio Civ. R. 83.5.
2 ELECTRONIC FILING
2.1 Electronically Filing a Civil or Miscellaneous Case
All registered attorneys are required to file new civil cases electronically. The initiating
document must include the following attachments: the civil cover sheet, and if applicable,
summons forms, and Service of Process by U.S. Marshal (USM‐285) forms. When a case is
removed from state court, the notice of removal must comply with Title 28 U.S.C. Section
1446(a) and be accompanied by both a civil cover sheet and a supplemental civil cover sheet.
All registered attorneys are also required to file new miscellaneous cases electronically. For
assistance, see the new case filing guide on the Court’s CM/ECF webpage.
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2.2 Summonses
A party may request the issuance of a summons by the Clerk of Court in one of the following
ways:
A summons mailed to the Clerk’s Office
A summons delivered to the Clerk’s Office in person
A request for issuance of summons filed in CM/ECF
A summons attached to an initiating document
The Clerk’s Office shall issue and electronically file the summons in CM/ECF.
2.3 Official Transcribers and Contract Court Reporters
In addition to submitting to the Clerk’s Office the tapes of transcribed proceedings and original
notes, if applicable, an official transcriber or contract court reporter must have the certified
transcript of those proceedings electronically filed in CM/ECF by submitting to the Clerk’s Office
a storage device containing the certified transcript of the proceedings in a searchable PDF
format. A transcriber or court reporter will not receive payment until the transcriber or court
reporter has both returned the tape and notes, if applicable, of a proceeding to the Clerk’s
Office and submitted the transcript to the Clerk’s Office electronically. (See the Electronic
Availability of Transcripts policy on the Forms page of the Court’s website.)
2.4 Proposed Orders/Stipulations
After filing a motion, the moving party may submit to the chambers e‐mail of all assigned
Judicial Officers, a proposed order in a word processing format granting the motion and setting
forth the requested relief. Any proposed order submitted to chambers must cross‐reference
the docket entry number of the motion. Proposed orders should never be filed as the main
document. Proposed orders should be submitted by email to chambers or filed as an
attachment to the motion.
Any stipulation requiring a Judicial Officer’s signature should not be filed on the docket. It
should be submitted by email to chambers.
Judicial Officer e‐mail addresses for proposed orders/stipulations are in the following format:
Judge’
[email protected].
2.5 Document Style and Title
2.5.1 Case Number Format
Each document filed after the complaint or other initial document shall bear the
assigned case number in the following format: 1:03cv12345 or 2:05cr23(4).
The first digit represents the location of Court:
o 1 for Cincinnati
o 2 for Columbus
o 3 for Dayton
The next two numbers are the year of initial filing
The two alpha character field represents:
o CV is a civil case
o CR is a criminal case
o MD is a Multidistrict Litigation case
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o MJ is Magistrate Judge case
o MC is a miscellaneous case
o PO is a petty offense case.
The third set of numbers is a sequential number assigned by the Court.
The final number, in parenthesis, indicates the number assigned to a particular
defendant in a multi‐defendant criminal case.
2.5.2 Title of Documents
The party electronically filing a pleading or other document is responsible for ensuring
that the title of the document corresponds to a CM/ECF docket event.
2.6 Social Security Administrative Records
Only the Social Security administrative record may be filed in paper format without leave of
court. If the Social Security administrative record is filed manually:
the filing party will docket a notice of manual filing,
the Clerk’s Office shall place a notation on the docket regarding receipt of the manual
filing, and
the Clerk’s Office will not scan or file the document electronically.
3 FILING OF DOCUMENTS WITH SPECIAL CONSIDERATIONS
3.1 Documents to be Filed Under Seal and/or Ex Parte
In accordance with S.D. Ohio Civ. R. 5.2.1, documents may be filed under seal only with prior
Judicial Officer approval. Once the Court has granted leave to file sealed documents, the parties
shall electronically file the sealed document. A reference guide for filing sealed and/or ex parte
documents can be accessed from the Court’s CM/ECF login page.
3.2 Documents Requiring Leave of Court (excluding sealed
documents)
Before a document requiring leave of court may be filed, it must be attached as an exhibit to the
motion seeking leave to file, unless the motion is one seeking leave to file a document manually.
If the Court grants the motion, the attached document will be filed as specified in the order.
3.3 Documents Larger Than the Electronic File Size Limit
In the event that any document, including attachments and/or exhibits, exceeds the maximum
file size of 100 megabytes per file, the attorney should attempt to reduce the file size or split the
PDF document into multiple files.
In the event a filing party is not able to reduce the size of the PDF files for electronic filing in
accordance with this section, the party must seek leave of court to manually file the document.
If the Court grants the motion, counsel shall file a notice of manual filing and submit the
attachments or exhibits unbound to the Clerk’s Office in both electronic PDF format and paper
form. Any manual filings must be served on all parties in accordance with Fed. R. Civ. P. 5.
Documents filed manually will be maintained in the Clerk’s Office and the Clerk will indicate the
manual filing on the docket of the Court.
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3.4 Multiple Attachments and Exhibits Filed as a Single PDF File
Multiple attachments and exhibits may be combined into a single PDF file. Each attachment or
exhibit in the PDF must be bookmarked in Adobe Acrobat to provide the reader with an
electronic index of the document.
In the event you need to split a PDF due to file size limitations, you must split the file at the
beginning of an attachment or exhibit. A single attachment or exhibit should not be spread
across multiple PDFs unless it is only a single exhibit, i.e. (Exhibit 1, Part 1), (Exhibit 1, Part 2).
4 FEES PAYABLE TO THE CLERK’S OFFICE
4.1 Electronic Payment of Fees
Filing fees may be paid electronically through CM/ECF via pay.gov. The receipt of the
electronically paid fee will be indicated in the text of the docket entry.
4.2 Other Than Electronic Payment
Filing fees may also be paid by delivering the payment to the Clerk’s Office. The Clerk’s Office
will document the receipt of fees on the docket with a text‐only entry.
4.3 Refund of a Fee
A refund of a fee collected upon filing is generally prohibited. In the event a fee is erroneously
collected a refund will be processed electronically.
4.4 Payment Verification
Any payment made by credit card may be verified through CM/ECF under the Utilities – Internet
Payment History.
5 CORRECTING DOCKET ENTRIES
CM/ECF will not permit the filing party to make changes to any document or docket entry once
the transaction has been submitted. As soon as an error is discovered, the filing party shall
contact the Clerk’s Office with the case number and document number for which the correction
is being requested.
DO NOT RE‐FILE. THE FILING PARTY SHALL NOT ATTEMPT TO RE‐FILE THE DOCUMENT UNLESS
INSTRUCTED TO DO SO BY THE CLERK’S OFFICE OR BY ORDER OF THE COURT.
6 TECHNICAL FAILURES
6.1 On the Part of the Court
The Clerk’s Office shall deem the Southern District of Ohio CM/ECF site to be subject to a
technical failure on a given day if the site is unable to accept filings continuously or
intermittently over the course of any period of time greater than one hour during normal
business hours. Known system outages will be posted on the Court’s website when possible.
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6.2 On the Part of the Filer
A filer who experiences a technical difficulty with his/her own system must deliver the
document to the Clerk’s Office in both electronic PDF format and paper copy for filing. E‐mail
delivery is not accepted.
6.3 After Hours
In the event that a filer experiences technical difficulty after regular business hours, and the
document is one that must be filed before the Clerk’s Office reopens the next business day the
filer should follow these instructions:
6.4 Seeking Relief
A party who experiences an untimely filing resulting from a technical failure on the part of the
Court or on the part of the filer may seek appropriate relief from the Court.
7 PRIVACY AND CONFIDENTIALITY
The responsibility for redacting personal data identifiers rests solely with counsel and the parties. The
Clerk’s Office will not review documents for compliance with this rule or redact documents, whether
filed electronically or on paper (see Fed. R. Civ. P. 5.2 Advisory Notes, 2007 Adoption). Upon Judicial
Order, the Court may seal any unredacted document to protect privacy interests.
7.1 Redacted Documents
Filing parties shall redact private personal information from filings in accordance with Fed. R.
Civ. P. 5.2.
7.2 Unredacted Documents
With leave of court, a party may file under seal a document containing the unredacted personal
data identifiers listed in Fed. R. Civ. P. 5.2(a).
The party seeking to file an unredacted document shall file electronically a motion to file the
document under seal pursuant to Fed. R. Civ. P. 5.2. In granting the motion or application to
seal, the assigned Judicial Officer may require the party to file a redacted copy for the public
record.
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8 PAPER FILINGS
The following procedures govern the filing of paper documents. The Court, upon application and for
good cause shown, may also authorize filing of other paper documents not otherwise subject to these
procedures.
8.1 New Civil Cases
The Clerk’s Office will accept paper filings of the following types of new civil actions:
The filer is a non‐registered attorney
The filer is pro se
Sealed cases
A new civil action filed on paper by an attorney not registered in CM/ECF shall also be submitted
in PDF format. Each exhibit attached to a document must consist of a separate PDF file and be
labeled as such, e.g., Ex. A to Complaint, Ex. B to Complaint. All documents to be filed must
comply with the signature requirements of S.D. Ohio Civ. R. 83.5.
Each new action must be accompanied by the appropriate filing fee or motion for leave to
proceed in forma pauperis.
The Clerk’s Office will upload any initiating document(s) submitted in PDF to CM/ECF and
scan/upload any paper documents, which will then be discarded.
8.2 New Criminal Cases
All charging documents in criminal cases, along with the AO257, must be delivered to the Clerk’s
Office for scanning and docketing.
8.3 Other Electronic Filing Exceptions
Other than the above mentioned initiating documents, the Court will allow the filing of all
pleadings and documents filed by pro se litigants who are incarcerated or who are not
registered participants in CM/ECF.
A filer who brings a document to the Clerk’s Office for filing in CM/ECF must serve all parties as
provided in Fed. R. Civ. P. 5.
8.4 Waiver of Electronic Filing
An attorney may apply for an exception to S.D. Ohio Civ. R. 5.1(c) with the Court for permission
to file paper documents manually with the Clerk’s Office. Even if the Court initially grants an
attorney permission to file paper documents manually, the Court may withdraw that permission
at any time during the pendency of a case.
9 PUBLIC ACCESS
9.1 At the Court
Access to the non‐sealed electronic docket and documents filed in CM/ECF is available for
viewing to the public at no charge at the Clerk’s Office during regular business hours. A copy fee
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for an electronic reproduction is required by 28 U.S.C. § 1914. Rates can be found on the
Court’s Fees and Payment page on the Court’s website.
9.2 Internet Access (PACER)
Access to CM/ECF for viewing purposes is limited to subscribers to the Public Access to Court
Electronic Records (“PACER”) system. The Judicial Conference of the United States requires that
a user fee be charged for remotely accessing certain detailed case information. For more
information on PACER visit http://www.pacer.gov or call 1‐800‐676‐6856. PACER is available
Monday‐Friday, 8:00 a.m. to 6:00 p.m. Central Time.
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