Electronic Case Filing
Policies and Procedures
District of South Carolina
December 1, 2016
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Electronic Case Filing Policies and Procedures
Table of Contents
1. Definitions.............................................................................................................................. 1
2. Scope of Electronic Filing...................................................................................................... 2
2.1 Cases Subject to Electronic Filing. ............................................................................... 2
2.2 Submission of Scanned Documents and Documents on Disc or External Drive.......... 2
2.3 Initiation of Actions . .................................................................................................... 3
2.4 Consent to Electronic Service....................................................................................... 3
2.5 Removed Cases ............................................................................................................ 3
2.6 Scope ............................................................................................................................ 3
3. Participation, Registration, and Passwords............................................................................ 3
3.1 Participation. ................................................................................................................. 3
3.2 Attorneys Excused from Participation . ........................................................................ 4
3.3 Pro Se Participation . .................................................................................................... 4
3.4 Registration . ................................................................................................................. 4
3.5 Passwords ..................................................................................................................... 5
4. Signing and Entry of Court Orders and Related Papers ........................................................ 5
4.1 Filing and Entry of Orders . .......................................................................................... 5
4.2 Signing of Electronic Orders ........................................................................................ 5
4.3 Proposed Orders............................................................................................................ 5
5. Notice of Court Orders, Judgments and Hearings. ................................................................ 5
6. Consequences of Electronic Filing. ....................................................................................... 6
6.1 Filing and Entry. ........................................................................................................... 6
6.2 Official Record.............................................................................................................. 6
6.3 Timeliness. .................................................................................................................... 6
7. Attachments and Exhibits. ..................................................................................................... 6
7.1 Electronic Submission Required................................................................................... 6
7.2 Excerpts......................................................................................................................... 7
7.3 Filing of Original Deposition........................................................................................ 7
7.4 Bookmarks and Hyperlinks........................................................................................... 7
8. Sealed Documents.................................................................................................................. 7
8.1 Filing of Motions. ......................................................................................................... 7
8.2 In Camera Submissions. ............................................................................................... 7
9. Document Retention Requirements. ...................................................................................... 7
Revised December 1, 2016 i
10. Electronic Signatures of Filing Users.................................................................................... 8
10.1 Effectiveness of Electronic Signature. .......................................................................... 8
10.2 Identifying Information Required. ................................................................................ 8
10.3 Misuse of Filing User Login and Passwords. ............................................................... 8
10.4 Multiple Signatures....................................................................................................... 8
10.5 Signatures of Persons Other Than Filing Users............................................................ 9
11. Service.................................................................................................................................... 9
11.1 Service of Process (Summons). .................................................................................... 9
11.2 Service of Other Papers................................................................................................. 9
11.2.1 Service on Filing User and Pro Hac Vice Participants.................................... 9
11.2.2 Service on Persons Other Than Filing Users and Pro Hac Vice Participants.10
11.2.3 Time to Respond After Being Served. ............................................................ 10
12. Technical Failure.................................................................................................................. 11
12.1 Methods of Alternative Submission............................................................................ 11
12.2 Relief From Technical Failure. ................................................................................... 11
12.3 Other Technical Difficulties........................................................................................ 12
13. Public Access and Sensitive Information............................................................................. 12
13.1 PACER Access............................................................................................................ 12
13.2 Limited Access to Cases and Documents. .................................................................. 12
13.3 Sealed Cases and Documents...................................................................................... 12
13.4 Privacy. ....................................................................................................................... 12
13.4.1 Compliance with E-Government Act of 2002 (as amended).......................... 12
13.4.2 Redaction of Certain Personal Identifiers. ...................................................... 13
13.4.3 Protection of Other Sensitive Information. ..................................................... 13
13.4.4 Compliance and Sanctions.............................................................................. 14
Revised December 1, 2016 ii
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Electronic Case Filing Policies and Procedures
1. Definitions
Defined Terms are italicized in this document.
1.1 Attorney Resource Manuals are documents which are posted on the District of South
Carolina’s website under Attorney > Resource Manuals. They are intended to provide
instructional information and all Filing Users are required to periodically check the
court’s website for updates. See www.scd.uscourts.gov.
1.2 Electronic Case Filing (ECF) System refers to the District of South Carolina’s automated
system for receiving and storing documents filed in electronic form. This program is
part of the Case Management/Electronic Case Files software developed by the
Administrative Office of the United States Courts. Access to the ECF System is
available through a link on the District Court’s website (www.scd.uscourts.gov) or
through an internet browser at https://ecf.scd.uscourts.gov.
1.3 Filing User is an attorney who has a court-issued login and password allowing electronic
filing of documents on the ECF System. Only attorneys admitted in this district or
counsel in multi-district litigation transferred to this district may be Filing Users. An
attorney admitted pro hac vice in an individual case is not a Filing User, unless
otherwise ordered by the court.
1.4 Local Rules means the Local Civil Rules and the Local Criminal Rules for the District
of South Carolina.
1.5 Notice of Electronic Filing (NEF) is a notice automatically generated by the ECF System
at the time a docket entry, with or without a hyperlinked document, is created in the
system. This notice sets forth the time of filing, text of the docket entry, and name of the
party and/or attorney(s) required to receive the notice. If a PDF document is attached
to the docket entry, the NEF will also identify the person filing the document, the type
of document, and a hyperlink to the filed document. The hyperlink will allow recipients
one opportunity to view and download the document without cost. See infra §§ 2.4
(Consent to Electronic Service), 5 (Notice of Court Orders, Judgments and Hearings),
and 11.2.1(Service on Filing User).
1.6 PACER (Public Access to Court Electronic Records) is an automated system that allows
an individual to view, print, and download court docket information over the internet.
See infra §3.4 (website addresses for PACER).
1.7 Pay.gov is the U.S. Department of Treasury's Internet payment module in ECF. Pay.gov
provides the ability for Filing Users to pay filing fees by credit card or electronic check
over the Internet and to review their Internet transaction payment history.
Revised December 1, 2016 1
1.8 PDF refers to a Portable Document Format file. To be filed electronically, a document
must be converted to portable document format. Converted documents must contain the
“.pdf” file extension.
1.9 Pro Hac Vice Participant is an attorney admitted pro hac vice and who is registered to
receive Notice of Electronic Filings in the specific case for which the pro hac vice
attorney is admitted. Pro Hac Vice Participants may not, however, file documents
electronically. Except to the extent notice is provided through the NEF, service will not
be provided by the court. See also Local Civil Rule 83.I.06.
1.10 Pro Se Party is a party in a case who is not represented by an attorney.
1.11 Proposed Order is a draft document submitted for a district judge’s or magistrate judge’s
signature. See infra § 4.3 (Proposed Orders).
1.12 Technical Failure is defined as a malfunction of court-owned or court-leased hardware,
software, or telecommunications facilities which results in the inability of a Filing User
to submit a court filing electronically. Technical Failure does not include
malfunctioning of a Filing User’s equipment, hardware or software. See infra §§
11.2.1(c) (Failed Transmission of NEF), 12 (Technical Failure), and 12.3 (Other
Technical Difficulties).
1.13 Traditional Filing Method means filing original paper documents bearing the
signature(s) of the attorney or the Pro Se Party.
1.14 Traditional Service means service of a paper copy of a document using the forms of
service authorized under the Federal Rules of Civil Procedure and the Federal Rules of
Criminal Procedure.
2. Scope of Electronic Filing
2.1 Cases Subject to Electronic Filing
All civil, criminal, and miscellaneous cases shall be managed using the ECF System.
Except as expressly provided herein or by order of a court, or in exceptional
circumstances including Technical Failure (§ 1.12), a Filing User shall file all
documents electronically on the ECF System. See infra §§ 12 (Technical Failure).
2.2 Submission of Scanned Documents and Documents on Disc or External Drive
By filing a scanned version of a document in PDF format, the Filing User certifies the
legibility of the document. If the court directs submission of a document on disc or
external drive, the person submitting the document on disc or external drive shall ensure
that the media utilized is virus-free. See supra § 1.8 (PDF definition).
2.3 Initiation of Actions
Revised December 1, 2016 2
The filing of initial documents shall be accomplished electronically under procedures
outlined in the District of South Carolina’s Attorney Resource Manual: Filing of Initial
Case Document and related documents.
Filing Users who file new cases electronically must use the pay.gov system, or
electronically file an Application to Proceed Without Prepayment of Fees (in forma
pauperis) as outlined in the District of South Carolina’s Attorney Resource Manual:
Filing of Initial Case Document. Failure to pay any filing fee may delay or prevent the
Filing User from filing the document.
2.4 Consent to Electronic Service
Registration as a Filing User or Pro Hac Vice Participant in the District of South
Carolina constitutes consent to electronic service of all documents (except service of a
summons and complaint under Fed. R. Civ. P. 4). See infra § 11 (Service). Registration
as a Filing User or Pro Hac Vice Participant also constitutes consent to the alternative
methods of service provided under § 11.2.1(c) in the event of a failure of the Notice of
Electronic Filing or under § 12.1 in the event of a Technical Failure.
The document is deemed served on Filing Users and Pro Hac Vice Participants upon
transmission of the NEF indicating that the document was sent electronically. See infra
§ 11.2.1 (a) (Automatic Service), § 11.2.1(c) (Failed Transmission of NEF), and § 11.2.2
(Service on Persons Other Than Filing Users and Pro Hac Vice Participants).
2.5 Removed Cases
In a case removed from state court to federal court, the Filing User is required to file
electronic copies of all documents previously filed in the state court together with the
electronically filed Notice of Removal.
2.6 Scope
Nothing in the Electronic Case Filing Policies and Procedures supercedes the Federal
Rules of Civil Procedure (Fed. R. Civ. P.), the Federal Rules of Criminal Procedure (Fed.
R. Crim. P.), the Local Rules of this District, or other order of this court.
3. Participation, Registration, and Passwords
3.1 Participation
Unless excused as set forth below, all members of the District of South Carolina Bar
shall register as Filing Users. Counsel in multi-district litigation are allowed to
participate as Filing Users in the case(s) transferred into this district pursuant to the
Rules of Procedure of the Judicial Panel on Multi-District Litigation. Upon registration
and receipt of a password and login, a Filing User shall file all documents pursuant to
these Policies and Procedures. Once registration is complete, a Filing User may not
withdraw from participation in the ECF System except by order of the court. An attorney
admitted pro hac vice may not participate as a Filing User, but shall be required to
participate as a Pro Hac Vice Participant, unless otherwise ordered by the court. See
Revised December 1, 2016 3
supra § 1.9 (definition) and infra § 3.4 (registration). Participation as a Filing User is a
privilege and may be denied or revoked by the court.
3.2 Attorneys Excused from Participation
Attorneys shall be excused from participation in the ECF System only upon a showing
of good cause why the attorney should not be required to participate. Such showing shall
require attorneys to establish that participation would impose a substantial and undue
hardship. Requests to be excused shall be submitted to the Clerk of Court and shall be
accompanied by affidavits establishing the basis of the claim of hardship. Final authority
to grant such requests is vested in the Chief Judge. Attorneys Excused from
Participation shall file using the Traditional Filing Method. See supra §1.13 (Traditional
Filing Method definition).
3.3 Pro Se Participation
A Pro Se Party may not register as a Filing User to file electronically in the ECF System.
A Pro Se Party shall file papers in the Traditional Filing Method. See supra § 1.13
(definition); infra § 11.2.2 (Service on Persons Other Than Filing Users and Pro Hac
Vice Participants). A member of the District Court Bar who represents himself or herself
pro se is NOT exempt from the electronic filing of documents, unless he or she has been
exempted from the electronic filing of documents due to substantial and undue hardship.
See supra § 3.2 (Attorneys Excused from Participation).
3.4 Registration
To be registered as a Filing User, an attorney must be admitted as a member of the
District of South Carolina Bar or be counsel in multi-district litigation transferred to this
district pursuant to the Rules of Procedure of the Judicial Panel on Multi-District
Litigation. Counsel for multi-district litigation cases who wish to register as a Filing
User must use the appropriate form. An attorney admitted pro hac vice shall register as
a Pro Hac Vice Participant by providing the court with an e-mail address on the
Application/Affidavit for Pro Hac Vice Admission.
To register as a Filing User, an attorney must: (1) establish a PACER account; (2) certify
in writing that ECF System training has been completed; (3) complete and submit the
appropriate registration form to the Clerk of Court via facsimile or mail as provided on
the form; and (4) provide ONE internet e-mail address. (Additional e-mail addresses may
be added by the Filing User as outlined in the Attorney Resource Manual: Managing
Your Email Account.) Information on registering to use PACER, and associated access
fees, can be found at http://pacer.psc.uscourts.gov.
It is the responsibility of all Filing Users to notify the Clerk of Court about a change of
name, address, phone number, or facsimile number in a timely manner. It is also the
responsibility of all Filing Users to keep their e-mail addresses current in the ECF
System. Pro Hac Vice Participants must timely provide the Clerk of Court with any
changed name, address, phone number, facsimile number, or e-mail address.
Revised December 1, 2016 4
3.5 Passwords
Once the registration is processed by the Clerk of Court, the Filing User will receive
notification of the Filing User’s login and password. A Filing User shall protect the
security of the Filing User’s password. See infra § 10.3 (misuse).
4. Signing and Entry of Court Orders and Related Papers
4.1 Filing and Entry of Orders
All orders, decrees and judgments of the court will be entered electronically by the court
or court personnel. Electronic filing of these documents shall constitute entry on the
docket under Fed. R. Civ. P. 58 and 79, and Fed. R. Crim. P. 55.
The court may issue orders by a text-only docket entry for which a Notice of Electronic
Filing will be generated. In such cases, a PDF document will not be issued, and the text-
only entry shall constitute the court’s order on the matter. Such docket text orders are
official and binding.
4.2 Signing of Electronic Orders
All orders, including docket text orders, and judgments shall be electronically filed by
the court or court personnel. Electronically filed court orders and judgments shall have
the same force and effect as if the judge had affixed a signature to a paper copy of the
document and the document had been entered on the docket in the traditional manner.
The judge’s signature on an electronic order may appear as “s/” followed by the judge’s
name where the signature would otherwise appear or as a digital signature.
4.3 Proposed Orders
A Filing User submitting a proposed order shall submit the document in accordance with
the Judges' Filing Preferences and Local Civil Rule 7.10 (Rules for Submission of Draft
Orders in Civil Cases).
5. Notice of Court Orders, Judgments and Hearings
Immediately upon the entry of an order or judgment in an action, the Clerk of Court shall
electronically transmit through the ECF System a Notice of Electronic Filing to Filing Users
and Pro Hac Vice Participants in the case. Electronic transmission of the NEF constitutes the
notice required by Fed. R. Civ. P. 77 and Fed. R. Crim. P. 49(c). Notices of hearings will be
sent by the Clerk of Court through the ECF System to Filing Users and Pro Hac Vice
Participants. The Clerk of Court must give notice of court orders, judgments and court
hearings in paper form to Pro Se Parties and to attorneys who are not Filing Users or Pro Hac
Vice Participants to the extent notice is required. See supra §§ 3.2 (Excused Attorneys) and
3.3 (Pro Se Participation).
Revised December 1, 2016 5
6. Consequences of Electronic Filing
6.1 Filing and Entry
Electronic transmission of a document to the ECF System, together with the transmission
of the Notice of Electronic Filing (NEF), in accordance with the Order adopting these
Policies and Procedures, as well as the District of South Carolina Attorney Resource
Manuals, constitutes filing of the document for all purposes under the Federal Rules of
Civil Procedure, the Federal Rules of Criminal Procedure, and the Local Rules, and
effects entry of the document on the docket maintained by the Clerk of Court under Fed.
R. Civ. P. 5, 58 and 79, as well as Fed. R. Crim. P. 49 and 55. See supra § 2.6 (Scope).
6.2 Official Record
When a document is filed electronically in the ECF System, the electronic record
constitutes the official record. The filed document is binding as the official record. Later
modifications of a previously-filed document or docket entry are only allowed by the
court or court personnel. An electronically filed document is deemed filed on the date
and time stated on the court-generated NEF. See supra § 1.5 (NEF definition).
6.3 Timeliness
Timeliness of electronic filing is based on local time in the District of South Carolina
(Eastern time zone). Filing must be completed with a court generated NEF before
midnight in the eastern time zone to be considered timely filed that day. Nothing in
these policies and procedures should be construed to change or extend any deadlines set
by statutes of limitations prescribed by law, Federal Rules of Procedure, Local Rules, or
orders of the court.
The ECF System automatically calculates final dates for filing a response to certain
pleadings, memoranda, and orders. The computer-generated deadline is contained in the
docket entry for the document to which a response is due and is on the NEF if an NEF
is issued. Unless the presiding judge has specified a different deadline by either oral or
written order, or service is made pursuant to Fed. R. Civ. P. 6(d) (allowing an additional
three days if service is made by mail, leaving with the clerk, or other means consented
to) and Fed. R. Crim. P. 45(c) (same), the date calculated by the ECF System controls
as the deadline. The judges’ oral or written ruling controls even if issued prior to the
computer-generated deadline.
7. Attachments and Exhibits
7.1 Electronic Submission Required
All documents referenced as exhibits or attachments to an electronically filed document
shall be submitted in electronic form, as electronic attachments to the main document,
subject to requirements and limitations of the Attorney Resource Manuals, or, as
otherwise ordered by the court.
Revised December 1, 2016 6
7.2 Excerpts
A Filing User shall submit as exhibits or attachments only those excerpts of referenced
documents that are directly pertinent to the matter under consideration by the court
together with the cover sheet or other excerpts necessary to identify the source of the
information (e.g., deposition cover page). Excerpted materials must be clearly and
prominently identified as such. Filing Users who file excerpts of documents as exhibits
or attachments under this provision do so without prejudice to their right to file
additional excerpts or the complete document. Responding parties or attorneys may file
the complete document or additional excerpts that they believe are directly pertinent to
the matter under consideration.
7.3 Filing of Original Deposition
Filing Users shall not be required to file the original deposition from which excerpts
were drawn absent a court order to the contrary.
7.4 Bookmarks and Hyperlinks
Electronically-filed documents may contain bookmarks to locations within the same
document. Hyperlinks to other documents or external sites are not permitted, unless
otherwise directed by the court, due to the risk of broken links and the possibility of
introducing a virus or malicious code from another website.
8. Sealed Documents
8.1 Filing of Motions
A document subject to an existing sealing order or sealing statute (e.g., initial documents
in a qui tam action) shall be filed electronically under seal pursuant to procedures
established by the Clerk of Court. No other document may be filed under seal, except
upon motion. A motion to file any document under seal shall be filed electronically,
unless prohibited by law. The document for which sealing is sought shall be submitted
for in camera review and shall not be filed.
An order of the court granting a motion to seal shall be filed electronically and shall not
itself be sealed, unless prohibited by law or unless the court finds that electronic filing
of the order without seal would be inappropriate. See infra §§ 13.3 (Sealed Case and
Documents) and 13.4 (Privacy); see also Local Civil Rule 5.03, and Local Criminal Rule
49.01.
8.2 In Camera Submissions
In Camera submissions shall be presented to the court by paper copy, unless otherwise
directed by the court.
9. Document Retention Requirements
Revised December 1, 2016 7
A document that is electronically filed and requires an original signature other than that of the
Filing User must be maintained in paper form by the Filing User and/or the firm representing
the party on whose behalf the document was filed. The document must be retained for six (6)
years after the time for all appeals has expired or the judgment otherwise becomes final. On
request of the court, the Filing User or law firm must provide the original document.
Such papers in criminal cases filed on behalf of the government shall be retained by the Office
of the United States Attorney or the United States Department of Justice. On request of the
court, the Office of the United States Attorney must provide the original document for review.
10. Electronic Signatures of Filing Users
10.1 Effectiveness of Electronic Signature
The Filing User’s login, password, and s/ [typed name] or digital signature serve as the
Filing User’s signature on all electronically filed documents and for the purposes of Fed.
R. Civ. P. 11, all other Federal Rules of Civil Procedure (including the Section 2254
Rules, Section 2255 Rules, and the Rules for Admiralty Cases), the Federal Rules of
Criminal Procedure, the Local Rules, and any other purpose for which a signature is
required in connection with proceedings before the court. Documents submitted under
a Filing User’s login and password must include a digital signature or s/ followed by the
Filing User's name typed in the space where the Filing User’s signature would otherwise
appear.
10.2 Identifying Information Required
An electronically filed document must include a signature block and must set forth the
name, address, telephone number, facsimile number, and e-mail address of the Filing
User along with the District Court Bar number provided to the attorney upon admission.
Out-of-state attorneys in multi-district litigation must also include the name of the
District Court Bar to which they have been admitted.
10.3 Misuse of Filing User Login and Passwords
A Filing User is solely responsible for and shall protect the security of the Filing User’s
password. No Filing User may knowingly or willfully permit or cause a Filing User’s
login and password to be used by anyone other than an authorized agent of the Filing
User. A Filing User shall immediately notify the Clerk of Court if the Filing User learns
or suspects that his or her login or password has been used without authorization. A
Filing User may change his or her password without contacting the court, using the
procedure set forth in the Attorney Resource Manual: Managing Your ECF Account. A
Filing User is responsible for overseeing non-attorney employees with respect to
electronic filing done on the attorney’s behalf. See supra § 3.5 (Passwords).
10.4 Multiple Signatures
A document requiring the signatures of more than one person shall be electronically filed
by a single Filing User unless otherwise ordered by the court or authorized in the
Attorney Resource Manuals.
Revised December 1, 2016 8
A non-filing signatory or party who disputes the authenticity of an electronically filed
document containing multiple signatures or the representation as to consent of a named
signatory must file an objection to the document within ten days of receiving the Notice
of Electronic Filing.
Unless otherwise ordered by the court, or authorized in the Attorney Resource Manuals,
there are two methods of filing a document requiring multiple signatures. First, the
Filing User who files the document may obtain original signatures on a paper copy of
the document to be filed. The Filing User will then electronically file the document,
representing the consent of the signatories by an s/ and the name typed in the space
where a signature would appear. In the alternative, the Filing User who files the
document may obtain digital signatures on the document and electronically file the
document with the digital signatures. The Filing User’s signature must comply with the
signature requirements of § 10.1 supra.
The Filing User who files the document(s) shall retain the hard copy of the document(s)
containing the original signatures or an accessible copy of the document with digital
signatures in compliance with the court’s retention requirements. See supra § 9
(Document Retention Requirements).
10.5 Signatures of Persons Other Than Filing Users
Except as provided in the preceding section, documents containing the signature of
persons other than Filing Users are to be filed electronically as a scanned image.
Documents must be retained in compliance with the court’s retention requirements. See
supra § 9 (Document Retention Requirements).
11. Service
11.1 Service of Process (Summons)
Service of process must be made in accordance with Fed. R. Civ. P. 4, which does not
allow for electronic service of process. See Fed. R. Civ. P. 4.
11.2 Service of Other Papers
11.2.1 Service on Filing User and Pro Hac Vice Participants
(a) Automatic Service
Upon the electronic filing of a pleading or other document, the court’s ECF
System will automatically generate and send a Notice of Electronic Filing
(NEF) to all Filing Users and Pro Hac Vice Participants associated with
that case. Transmission of the NEF constitutes service of the filed
document on Filing Users and Pro Hac Vice Participants. See supra §§ 1.5
(NEF definition), 2.4 (Consent to Electronic Service), and 6 (Consequences
of Electronic Filing). See infra § 11.2.2 (Service on Persons other than
Filing Users and Pro Hac Vice Participants).
Revised December 1, 2016 9
Service of the NEF on Pro Hac Vice Participants is provided as a courtesy
and does not override the general rule that pro hac vice attorneys need not
be served. See supra § 1.9 (Pro Hac Vice Participant definition). Local
counsel remains responsible for insuring notice to associated pro hac vice
attorneys.
(b) Content of Notice of Electronic Filing
The NEF will include the time of filing, text of the docket entry, and name
of the party and/or attorney(s) required to receive the notice. If a PDF
document is attached to the docket entry, the NEF will also identify the
person filing the document, the type of document, and a hyperlink to the
filed document. The hyperlink will allow anyone receiving the notice by
e-mail one opportunity to retrieve and download the document without
cost. See supra § 1.5 (NEF definition).
(c) Failed Transmission of NEF
If the Filing User becomes aware that the NEF was not transmitted
successfully to other Filing Users or Pro Hac Vice Participants, or that the
notice is deficient, i.e., the hyperlink to the document on the docket is
defective, the Filing User shall, upon learning of the deficiency, serve the
electronically-filed document by e-mail, hand delivery, facsimile, or first-
class mail. See supra § 2.4 (Consent to Electronic Service). Proof of such
service shall be filed with the court electronically within one (1) business
day after service, and shall be made in accordance with the procedures in
the Attorney Resource Manuals.
11.2.2 Service on Persons Other Than Filing Users and Pro Hac Vice Participants
Pro Se Parties and attorneys who are members of this District's bar but are not
Filing Users shall be served with electronically-filed documents through
Traditional Service. See supra § 1.14. Service of the filed documents must be
accompanied by a copy of the NEF. Proof of such service shall be electronically
filed with the court within one (1) business day after the electronic filing of the
document. See supra §§ 3.2 (Attorneys Excused from Participation), and 3.3
(Pro Se Participation).
11.2.3 Time to Respond After Being Served
In accordance with Fed. R. Civ. P. 6(d) and Fed. R. Crim. P. 45(c), three (3) days
are added to the prescribed period to respond if service is made under Rule
5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to).
See supra § 6.3 (Timeliness). The three (3) additional days are not added to the
prescribed period to respond if service is made by electronic means under Fed.
R. Civ. P. 5(b)(2)(E). Consent to electronic service in registering for Electronic
Case Filing does not count as consent to service “by any other means” of
delivery under subparagraph (F).
Revised December 1, 2016 10
12. Technical Failure
The point of contact for a Filing User who is experiencing technical difficulty shall be the
court’s ECF Help Desk at the telephone number listed in the Attorney Resource Manual:
Technical Failure. The court’s ECF Help Desk is open during normal hours of operation.
The Clerk of Court shall deem the ECF System to be subject to a Technical Failure (§ 1.12)
if the ECF System is unable to accept filings continuously or intermittently for more than one
(1) hour occurring after 12:00 noon local time (Eastern time zone) on a given day. If a Filing
User experiences such a Technical Failure, the Filing User may submit the document to the
Clerk of Court using one of the alternative methods listed below (§ 12.1), provided that the
document is accompanied by a certification, signed by the Filing User, that the Filing User
has attempted to file the document electronically at least twice, with those unsuccessful
attempts occurring at least one (1) hour apart after 12:00 noon.
The alternative method of submission is not in itself a proper filing. The submission shall
be effective only to preserve the time for filing. The subsequent electronic filing will be
deemed filed at the time the alternative submission was accomplished if electronic filing is
accomplished within one (1) business day after the Technical Failure is remedied. See
generally § 6.3 (Timeliness).
12.1 Methods of Alternative Submission
In the event of a Technical Failure, the Filing User may preserve the time for filing by
submitting the document using one of the following alternative methods of submission:
(a) E-mail
via e-mail with an attachment containing the document with digital signature or
s/ [typed name] for the signature in PDF format, sent to the e-mail address for
Technical Failures as instructed in the Attorney Resource Manual: Technical
Failure;
(b) Facsimile
through facsimile transmission of the first and signature pages of the document
to the Clerk’s Office; or
(c) Physical Presentation
by physically delivering a copy of the document to the Clerk’s Office during
normal hours of operation, if neither of the above methods is available.
12.2 Relief From Technical Failure
A Filing User who suffers prejudice as a result of a Technical Failure may seek
appropriate relief from the court. See supra §1.12 (defining Technical Failure as
excluding malfunctioning of a Filing User’s equipment, hardware or software).
Revised December 1, 2016 11
12.3 Other Technical Difficulties
The Clerk of Court may make provisions in the Attorney Resource Manuals to
accommodate unforeseen technical difficulties, such as failure of the Filing User’s
equipment, that are not Technical Failures.
13. Public Access and Sensitive Information
13.1 PACER Access
With limited exceptions, a person may retrieve information from the ECF System
through the court’s website by obtaining a PACER (Public Access to Court Electronic
Records) login and password. Any person, whether a registered Filing User or not, who
has PACER access may retrieve docket sheets and documents in civil and criminal cases.
Only registered Filing Users may file documents using the ECF System. See supra §§
1.6 (PACER definition), 1.3 (Filing User definition), and 3 (Participation).
13.2 Limited Access to Cases and Documents
The Clerk of Court shall implement any privacy policy or similar protection required by
the Judicial Conference of the United States, the Federal Rules of Civil or Criminal
Procedure, Local Rules, these ECF Policies and Procedures, and local operating orders
of this Court. The implementing procedures shall be set forth in the aforementioned
documents, as well as information on the court's website, and shall be narrowly tailored
to protect those privacy interests addressed by the authority requiring the protection.
Judicial review and modification of limited electronic or other access may be initiated
in a specific case by motion of any person.
13.3 Sealed Cases and Documents
Any case or document under seal shall not be available to the public through electronic
or any other means; however, attorneys may be permitted access to sealed documents in
cases in which they appear with permission of the court.
13.4 Privacy
Attorneys are responsible for ensuring that their clients have sufficient information to
make informed decisions regarding the inclusion, redaction and exclusion of personal
information in filings in this court, and for implementing those decisions. Redaction
may not be necessary, but should be considered, in cases with limited electronic access
because documents which have been designated for limited electronic access may be
available to the public at the courthouse. Only sealed documents are protected from all
public access. See supra § 13.2 (Limited Access to Cases and Documents).
13.4.1 Compliance with E-Government Act of 2002 (as amended)
In compliance with the E-Government Act of 2002 (as amended), along with
Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1, a party or attorney wishing to file
Revised December 1, 2016 12
a document containing personal identifiers listed below in Section 13.4.2, or
other sensitive information in Section 13.4.3, may:
(a) file an unredacted version of the document under seal (see supra § 8); or
(b) file a reference list under seal. The reference list shall contain the
complete data identifier(s) (e.g., social security number) and the
redacted identifier(s) (e.g., last four digits of a social security number)
used in its/their place in the filing. All references in the case to the
redacted identifiers will be construed to refer to the corresponding
complete personal data identifier. The reference list must be filed under
seal, and may be amended as of right.
The unredacted version of the document or the reference list shall be
retained by the court as part of the record. The court may, however, still
require the attorney or party file a redacted copy for the public file.
13.4.2 Redaction of Certain Personal Identifiers
To protect personal privacy and other legitimate interests, attorneys and parties
shall refrain from including, or shall redact where inclusion is necessary, the
following personal identifiers in all documents filed with the court, whether filed
electronically or by the Traditional Filing Method:
(a) Social Security numbers. If an individual’s social security number
must be included, only the last four digits of that number shall be used.
(b) Names of Minor Children. If the involvement of a minor child must be
mentioned, only the initials of that child shall be used.
(c) Dates of Birth. If an individual’s date of birth must be included, only
the year shall be used.
(d) Financial Account Numbers. If financial account numbers are relevant,
only the last four digits of these numbers shall be used.
(e) Home Address Information in Criminal Cases ONLY. If the home
address of a person must be included, only the city and state shall be
listed.
(f) Juror Information. If a document containing identifying information
about a juror or potential juror must be filed (e.g., verdict form or
indictment), all personal information identifying a juror or potential
juror must be redacted.
13.4.3 Protection of Other Sensitive Information
Revised December 1, 2016 13
Attorneys and parties shall exercise caution and shall consider redaction or
consider filing a motion to seal if any of the following information is referenced
in a document to be filed:
(a) any personal identifying number, such as driver’s license number;
(b) medical records, treatment records, or diagnoses;
(c) employment history;
(d) individual financial information;
(e) proprietary or trade secret information;
(f) information regarding an individual’s cooperation with the government;
(g) information regarding the victim of any criminal activity;
(h) national security information; or
(I) sensitive security information as described in 49 U.S.C. § 114(s).
(j) information or materials which would otherwise be inappropriate for
display or distribution through the PACER or ECF System (including
materials with graphic, pornographic, obscene, or scandalous content.)
Items (a) through (d) and (j) above must be afforded maximum protection from
public dissemination. A document containing this information shall be filed
electronically in a redacted version with all the protected information removed
or be presented for “in camera” review with a motion to seal. See supra § 8
(Sealed Documents).
Attorneys or a party wishing to file a document containing information described
by items (e) through (I) above shall first consult opposing attorneys or the
opposing party (if unrepresented) to determine if an alternative to filing under
seal is available. Alternatives may include stipulations or filing of a redacted
document. If no alternative is found and the information must be filed, the
attorney or party may seek to file the document in compliance with the
procedures for sealed documents in these Policies and Procedures. See supra §
8 (Sealed Documents). The court may still require electronic filing of a redacted
copy of the document.
13.4.4 Compliance and Sanctions
Responsibility for redacting the above-listed information rests solely with
attorneys and the parties. The Clerk of Court will not review filings for
compliance. Attorneys and the parties are cautioned that failure to protect the
above-listed information may subject them to the disciplinary power of the court.
Revised December 1, 2016 14
