CM/ECF
(Case Management/Electronic Case Files)
User Manual
and
Administrative Procedures
United States District Court
District of South Dakota
Ver. 55
3/3/2026
CM/ECF User Manual and Administrative Procedures
TABLE OF CONTENTS
CM/ECF BASICS ..................................................................................................... 5
INTRODUCTION ...................................................................................................................... 5
HOW ELECTRONIC FILING WORKS ................................................................................... 5
HARDWARE AND SOFTWARE REQUIREMENTS ............................................................. 6
MANDATORY E-FILING ........................................................................................................ 6
EXCEPTIONS TO MANDATORY E-FILING ........................................................................ 7
REGISTRATION AND TRAINING ......................................................................................... 8
Attorneys ............................................................................................................................. 9
Non-Prisoner Pro Se Parties.............................................................................................. 11
NEXTGEN CM/ECF AND CENTRAL SIGN-ON ................................................................. 12
PACER ..................................................................................................................................... 12
FORMATING PDF DOCUMENTS FOR E-FILING ............................................................. 14
How to Convert a Document to PDF ................................................................................ 14
How to Scan a Document to PDF so it has OCR Functionality ....................................... 15
Determining if a PDF Document has OCR Functionality ................................................ 17
Adding OCR Functionality to a Document ...................................................................... 17
Making Sure Your Desktop Scanner is Set Up to OCR ................................................... 17
Scanning, Best Practices ................................................................................................... 18
SIZE OF PDF DOCUMENTS ................................................................................................. 18
EXHIBITS AND OTHER ATTACHMENTS ......................................................................... 20
Trial and Hearing Exhibits ................................................................................................ 21
EVENTS ................................................................................................................................... 22
PAY.GOV ................................................................................................................................ 23
REDACTING DOCUMENTS ................................................................................................. 25
REDACTION TIPS .................................................................................................................. 26
HYPERLINKS ......................................................................................................................... 26
SIGNATURES ......................................................................................................................... 27
SERVICE OF DOCUMENTS ................................................................................................. 28
NOTICE OF ELECTRONIC FILING (NEF) EMAIL ............................................................ 29
WHAT CONSTITUTES E-FILING/OFFICIAL RECORD .................................................... 30
E-FILING CIVIL CASE INITIATING DOCUMENTS.......................................................... 31
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DOCUMENTS ENTERED BY THE COURT ........................................................................ 33
NOTICE OF COURT ORDERS AND JUDGMENTS ........................................................... 33
ACCESS LEVEL RESTRICTIONS ........................................................................................ 34
Case Restrictions ............................................................................................................... 34
Docket Entry Restrictions ................................................................................................. 34
Document Restrictions ...................................................................................................... 35
SEALED DOCKET ENTRIES ................................................................................................ 35
SEALED DOCUMENTS ......................................................................................................... 36
Plea and Sentencing Related Documents .......................................................................... 36
Unredacted Documents ..................................................................................................... 37
Motions to Seal and their Attachments ............................................................................. 38
Manually Filing Protective Order Documents/Attachments............................................. 42
Electronically Filing Protective Order Documents ........................................................... 43
RESTRICTED DOCKET ENTRIES ....................................................................................... 44
Ex Parte Documents .......................................................................................................... 44
Petitions to Revoke ........................................................................................................... 45
Notices of Filing Error ...................................................................................................... 45
Notices of Withdrawal and Substitution of Attorney (filed in criminal cases)................. 46
RESTRICTED DOCUMENTS ................................................................................................ 46
Presentence Reports, Bail Reports, and Recommended Special Conditions .................... 47
Social Security Appeal Cases and Immigration Cases ..................................................... 48
ACCESSING RESTRICTED DOCUMENTS ......................................................................... 48
TRANSCRIPTS ....................................................................................................................... 49
ELECTRONIC FILING IN CM/ECF..................................................................... 50
ACCESSING CM/ECF ............................................................................................................ 50
PREPARING TO E-FILE IN CM/ECF ................................................................................... 55
STEP-BY-STEP GUIDE FOR E-FILING A CIVIL COMPLAINT IN A SHELL CASE ..... 56
STEP-BY-STEP GUIDE FOR E-FILING AN AMENDED OR THIRD-PARTY
COMPLAINT THAT ADDS A NEW PARTY ....................................................................... 68
STEP-BY-STEP GUIDE FOR E-FILING AN AMENDED NOTICE OF REMOVAL THAT
ADDS A NEW PARTY ........................................................................................................... 74
STEP-BY-STEP GUIDE FOR E-FILING A MOTION IN A CIVIL CASE .......................... 78
STEP-BY-STEP GUIDE FOR E-FILING A MOTION IN A CRIMINAL CASE ................. 87
NEF RECEIPT ......................................................................................................................... 96
E-FILING OTHER DOCUMENTS ......................................................................................... 97
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DOCUMENTS E-FILED IN ERROR ..................................................................................... 98
OTHER CM/ECF MENU OPTIONS ................................................................... 102
QUERY MENU ..................................................................................................................... 102
REPORTS MENU.................................................................................................................. 106
Docket Sheet ................................................................................................................... 107
Civil Cases ...................................................................................................................... 109
Criminal Cases ................................................................................................................ 110
Calendar Events .............................................................................................................. 111
Docket Activity ............................................................................................................... 111
Written Opinions ............................................................................................................. 112
Internet Payment History ................................................................................................ 112
UTILITIES MENU ................................................................................................................ 113
Maintain Your Account .................................................................................................. 114
Name and Address Information ...................................................................................... 114
Primary Email Address ................................................................................................... 115
Secondary Email Addresses ............................................................................................ 116
Configuring Email Addresses ......................................................................................... 117
Maintain Your Email ...................................................................................................... 120
Maintain Your Login/Password ...................................................................................... 120
View Your Transaction Log ........................................................................................... 121
Change Client Code ........................................................................................................ 122
Change PACER Exemption Status ................................................................................. 122
Link CM/ECF Account to My PACER Account ............................................................ 125
Review Billing History ................................................................................................... 127
Court Information ........................................................................................................... 127
Legal Research ................................................................................................................ 128
Mailings .......................................................................................................................... 128
Verify a Document .......................................................................................................... 128
Review Announcement Notices ...................................................................................... 128
HELP MENU ......................................................................................................................... 128
SEARCH MENU ................................................................................................................... 129
LOGOUT................................................................................................................................ 130
CM/ECF ASSISTANCE ....................................................................................... 131
CLEARING YOUR WEB BROWSER’S CACHE ............................................................... 131
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TROUBLESHOOTING ......................................................................................................... 132
HELP DESK........................................................................................................................... 133
REVISION CONTROL LOG ................................................................................................ 134
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CM/ECF BASICS
INTRODUCTION
On July 7, 2003, the United States District Court for the District of South Dakota began utilizing
a comprehensive database system called Case Management/Electronic Case Files (CM/ECF) to
store electronic civil and criminal case files and offer electronic filing. With some exceptions,
attorneys are required to electronically file (e-file) their civil and criminal case documents in
CM/ECF.
CM/ECF is integrated with Public Access to Court Electronic Records (PACER), an internet
access service. Attorneys, pro se filers, and other public users can access most documents and
case information stored in CM/ECF though the PACER website, or at the PACER public access
terminals located in the Clerk’s Office.
This searchable CM/ECF User Manual and Administrative Procedures (user manual) is intended
to provide attorneys and non-prisoner pro se filers (filers) with information about CM/ECF,
instructions for e-filing various types of documents in CM/ECF, accessing documents and other
information stored in CM/ECF, and managing and utilizing their CM/ECF account. This user
manual includes many active hyperlinks to help filers navigate to the information they need. This
user manual is referenced in the local rules of practice of this district court.
On March 10, 2023, this district court transitioned to NextGen CM/ECF Release 1.7. For more
information about NextGen CM/ECF, see the NEXTGEN CM/ECF AND CENTRAL SIGN-ON
section of this user manual.
HOW ELECTRONIC FILING WORKS
Filers can electronically file civil and criminal case documents 24 hours a day, seven days a
week, over the internet, with no additional filing fees. Filers can file case documents from their
offices or homes right up until a filing deadline without worrying about postage, messenger
services, weather problems, or traffic congestion.
Generally, to e-file, filers create their documents on their computers just as they normally do.
Instead of printing their documents on paper, however, filers save their documents in portable
document format (PDF). Filers then access CM/ECF via the internet using a web browser. After
establishing their identity by providing the username and password for their upgraded PACER
account, the filer indicates the case number that a particular document applies to, the party the
document is being filed on behalf of, and the type of document (motion, response, etc.) being
filed. The document is then sent over the internet to the district court’s computer server which
immediately sends a receipt back to the filer’s computer screen verifying the document has been
received. When the document is received by the district court’s computer server, CM/ECF
automatically creates a docket entry for the document and makes both the updated docket sheet
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as well as the document itself instantly available for viewing over the internet. When the
document is received, CM/ECF also immediately sends email notification of the filing to each of
the case participants who are set up to receive electronic notice.
HARDWARE AND SOFTWARE REQUIREMENTS
In addition to an individual upgraded PACER account, a CM/ECF account, a valid email
address, and internet access, filers need the following hardware and software to electronically
file documents in CM/ECF:
• A computer running a standard operating system such as Microsoft Windows. Microsoft
Windows is the only operating system supported by the CM/ECF Help Desk.
• Word processing software. A word processing program which can convert documents
created using that program into portable document format (PDF) is recommended.
CM/ECF is designed to accept only PDF documents.
• JavaScript-enabled web browser NextGen CM/ECF Release 1.7 was tested with Internet
Explorer and Safari Version 12.2.1; Chrome, Version 98; Firefox, Version 97; Edge
Version 98. If you’re missing buttons or some CM/ECF features aren’t working properly,
please try switching to another browser. The issue may be in your browser settings.
• Adobe Acrobat or other PDF writer software for converting documents from word
processing format into portable document format. Adobe Acrobat’s portable document
format (PDF) is the key to CM/ECF because it allows an electronically filed document to
retain its original pagination and formatting regardless of what type of equipment is used
to look at the document or print the document.
• Adobe Acrobat Reader or other PDF viewer software for viewing documents in PDF
format. Adobe Acrobat Reader is the most widely used PDF viewer and is available for
free.
• A scanner for converting documents not already in PDF format into PDF format.
MANDATORY E-FILING
Attorneys admitted pro hac vice cannot e-file case documents in this district court. However,
pursuant to D.S.D. Civ. LR 5.1 and D.S.D. Crim. LR 49.1 they are still required to register and
receive electronic notice of documents filed in their district court cases when they are admitted to
this court. Registration occurs when local counsel moves for admission of pro hac vice counsel.
An updated Motion for Admission Pro Hac Vice form is available on the district court’s
website. The updated form requires the applicant for admission to disclose any prior or pending
disciplinary actions. Attorneys admitted pro hac vice should not sign any case documents.
Pursuant to D.S.D. Civ. LR 83.2(E) and D.S.D. Crim. LR 44.1(E) local counsel must sign and
file all case documents.
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Unlike attorneys who are required to e-file their case documents in CM/ECF and receive
electronic notice of documents filed in their district court cases, prisoner pro se parties cannot e-
file documents in CM/ECF and they do not receive electronic notice of documents filed in their
district court cases. Non-prisoner pro se parties, however, may request to receive electronic
notice of documents filed in their district court cases. In addition, non-prisoner pro se parties
may register for e-filing privileges, which may be granted on a case-by-case basis by the court.
See the REGISTRATION AND TRAINING section of this user manual for more information about
registering for electronic filing privileges.
IMPORTANT: There is never a charge for electronically filing documents in CM/ECF.
EXCEPTIONS TO MANDATORY E-FILING
Electronic filing is not allowed in sealed civil cases.
A consent for a magistrate judge to conduct all proceedings in a civil case (AO 85 form) is not
allowed to be electronically filed in CM/ECF, nor is it allowed to be returned directly to a judge.
Instead, an AO 85 must be manually returned to the Clerk’s Office. For more information, see
the AO 85 form under National Forms on the district court’s website and Fed. R. Civ. P. 73.
The following types of documents are also excluded from mandatory electronic filing by
attorneys and pro se filers in unsealed cases:
• Criminal charging documents.
• Sealed documents and their attachments in civil cases.
• Sealed documents and their attachments in criminal cases.
• Motions to seal (and the subject of the motion) in civil and criminal cases.
Originals of the above-listed types of documents must contain the filer’s original ink signature,
an attached certificate of service, and be manually delivered to the Clerk’s Office for filing.
Copies of these documents must also be manually served on those case participants entitled to
receive service in accordance with the federal rules of procedure and the local rules of practice of
this district court.
For more information about filing sealed documents and motions to seal, see the SEALED
DOCKET ENTRIES, SEALED DOCUMENTS and Motions to Seal and their Attachments sections
of this user manual.
As of December 1, 2015, documents containing a criminal defendant’s original signature must be
electronically filed. In the past, these documents were excluded from mandatory electronic
filing.
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As of January 1, 2018, civil case initiating documents can be (but are not required to be)
electronically filed in a divisional shell case. For more information, see the E-FILING CIVIL
CASE INITIATING DOCUMENTS and STEP-BY-STEP GUIDE FOR E-FILING A CIVIL COMPLAINT
IN A SHELL CASE sections of this user manual.
For more information about mandatory e-filing, see the MANDATORY E-FILING section of this
user manual.
IMPORTANT: Documents manually filed with the Clerk’s Office MUST contain the filer’s
actual ink signature, an attached certificate of service, and be manually served on the
appropriate case participants.
REGISTRATION AND TRAINING
Attorneys and non-prisoner pro se parties who want to electronically file documents in this
district court must have an individual upgraded Public Access to Court Electronic Records
(PACER) account and register for electronic filing privileges on the PACER Service Center
website located at www.pacer.uscourts.gov. For more information about PACER, see the PACER
section of this user manual.
Attorneys admitted to this court’s bar will be granted e-filing privileges. Training on how to file
documents in CM/ECF is available for admitted attorneys through the Clerk’s Office. Upon
application, a non-prisoner pro se party may be granted e-filing privileges on a case-by-case
basis in this district court. Training for non-prisoner pro se party’s granted e-filing privileges is
also available through the Clerk’s Office.
Attorneys and non-prisoner pro se parties who are allowed to e-file documents in this district
court are required to keep their primary email address stored nationally at the PACER Service
Center and any secondary email addresses stored locally in CM/ECF up to date. Attorneys and
non-prisoner pro se filers are also required to keep the other contact information associated with
their PACER accounts, particularly their mailing information, up to date.
Attorneys and non-prisoner pro se filers allowed to e-file documents in this district court must
protect the security of their PACER accounts. If anyone suspects someone else has used their
PACER account without their permission, they should immediately contact the PACER Service
Center at 800-676-6856 to report their suspicions. Failure to do so may result in sanctions by the
court.
Following are registration instructions for attorneys and non-prisoner pro se parties.
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Attorneys
To register for e-filing privileges, an attorney must log into their PACER account at the PACER
Service Center and click on the Maintenance tab. Next, click on the Attorney Admissions/E-
file Registration utility.
On the following screen, select U.S. District Courts as the Court Type and South Dakota
District Court as the Court and click on Next.
View this district court’s local policies and procedures on electronic filing as needed on the
following screen. Note that this district court does not accept online applications for attorney
admissions. For more information about the process for admission to this district court, see the
NEXTGEN CM/ECF AND CENTAL SIGN-ON section of this user manual.
Nonresident attorneys authorized to represent the United States pursuant to D.S.D. Civ. LR
83.2(F) and D.S.D. Crim. LR 44.1(F) should click on Federal Attorney to continue. All other
attorneys should click on E-File Registration Only to continue.
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Follow the prompts to complete registration. You will be notified when your registration has
been processed by this district court.
Attorneys joining the U.S. Attorney’s Office or the Federal Public Defender’s Office are
required to register for a second PACER account with their new contact information on the
PACER Service Center website if they already have a PACER account and have previously
practiced before this district court. Similarly, attorneys leaving the U.S. Attorney’s Office, or the
Federal Public Defender’s Office are also required to register for a second PACER account with
their new contact information if they intend to continue practicing before this district court.
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Non-Prisoner Pro Se Parties
To register for e-filing privileges, a non-prisoner pro se party must log into their PACER account
at the PACER Service Center and click on the Maintenance tab. Next, click on the Non-
Attorney E-File Registration utility.
On the following screen, select U.S. District Courts as the Court Type, South Dakota District
Court as the Court, and Party as the Role in Court and complete all the rest of the sections to
register.
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CM/ECF User Manual and Administrative Procedures
View this district court’s local policies and procedures on electronic filing as needed.
You will be notified when your registration has been processed by this district court.
NEXTGEN CM/ECF AND CENTRAL SIGN-ON
All federal courts have transitioned to NextGen CM/ECF, the latest iteration of CM/ECF. NextGen
CM/ECF requires filers to use their PACER account credentials to e-file documents. This is known
as Central Sign-On.
Central Sign-On requires attorneys and pro se filers who had a CM/ECF account prior to this
district court’s transition to NextGen CM/ECF to link their CurrentGen CM/ECF account to their
individual upgraded PACER account before they can e-file documents and access restricted
documents in CM/ECF. After these accounts are linked, CM/ECF account credentials are
obsolete. For more information about linking accounts, see the Link a CM/ECF Account to My
PACER Account section of this user manual. Attorneys and pro se filers who did not have a
CM/ECF account prior to this district court’s transition to NextGen CM/ECF do not have to link
accounts.
Once attorneys and pro se filers with a CurrentGen CM/ECF account have linked their accounts,
they will notice few differences in the CM/ECF interface. However, they will notice some
differences managing and utilizing their CM/ECF and/or PACER accounts. For more
information about these changes, see the Maintain Your Account and the Maintain your
Login/Password sections of this user manual or visit the PACER Service Center website.
Central Sign-On can also be used for attorney admissions. Some courts utilize Central Sign-On
for this purpose, however, this district court does not currently utilize Central Sign-On for
attorney admissions. Instead, attorneys desiring admission to this court’s bar must complete the
Application for Admission form on the district court’s website and return it to one of the
addresses listed on the form.
PACER
Public Access to Court Electronic Records (PACER) is a public access service available via the
internet through the PACER Service Center located at www.pacer.uscourts.gov. PACER is
integrated with CM/ECF and allows public users to remotely access unsealed documents, some
restricted documents, and other case information in any United States district court, United
States bankruptcy court, or United States court of appeals as soon as the documents or case
information are entered in the local court’s CM/ECF system. Documents and case information
are available for viewing through PACER 24 hours a day, seven days a week, including
weekends and holidays, to multiple users at the same time. Documents and case information are
also available at the PACER public access terminals located in the Clerk’s Office in Sioux Falls,
Rapid City, and Pierre. Sealed documents are never accessible through PACER or at the public
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access terminals. For more information about sealed and restricted documents, see the ACCESS
LEVEL RESTRICTIONS section (and related sections) of this user manual.
Any attorney or non-prisoner pro se party who has been granted e-filing privileges in any federal
court that has transitioned to NextGen CM/ECF (such as this district court) is required to have an
individual upgraded PACER account. Due to Central Sign-On, filers are no longer required to
maintain a PACER account to access documents and other information stored in CM/ECF and
separate additional CM/ECF accounts to e-file documents in different federal courts. All filers
must access CM/ECF to e-file documents using their PACER accounts.
An individual upgraded PACER account has security features, including self-service username
retrieval and a password reset feature. These features require a valid email address, security
questions and answers, and a date of birth to be on file. Go to the PACER Service Center to
register for a new PACER account, upgrade your current PACER account, or register for e-filing
privileges in this district court. For more information about registering for e-filing privileges, see
the REGISTRATION AND TRAINING section of this user manual.
CJA panel attorneys can use the Change PACER Exemption Status utility in CM/ECF to
“toggle” or switch their individual upgraded PACER account back and forth between non-fee-
exempt status and fee-exempt status. Be advised that fee exempt usage is closely monitored. A
CJA panel attorney who avoids paying access fees when performing non-CJA related work may
have access to their PACER account terminated. For more information about switching from
non-fee-exempt status to fee-exempt status in CM/ECF, see the Change PACER Exemption
Status section of this user manual.
Non-fee-exempt access to online case information via PACER costs ten cents per page. PACER
access fees are capped at $3.00 per document. This cap does not apply to name searches, reports
which are not case-specific, or transcripts of court proceedings. For billing purposes, attachments
to documents are each considered separate documents. The PACER Service Center bills
quarterly. PACER access fees for a single account are waived when they total less than $30 for a
quarter. For specific information about accessing restricted documents filed in CM/ECF via
PACER, see the Accessing Restricted Documents section of this user manual. For more
information about accessing documents and information in CM/ECF see the QUERY MENU
section of this user manual.
There is no charge for looking at documents and other case information at the PACER public
access terminals located in the Clerk’s Office in Sioux Falls, Rapid City, and Pierre. However,
there are fees associated with printing documents at the PACER public access terminals. The
Clerk’s Office cannot make change so exact change is required when paying for printed
documents.
Although only attorneys and non-prisoner pro se parties can register for e-filing privileges in this
district court through PACER, anyone can register for a PACER account to access documents
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and other information stored in CM/ECF. For more information about PACER or to register for a
PACER account, go to the PACER Service Center website or call the PACER Service Center at
1-800-676-6856.
FORMATING PDF DOCUMENTS FOR E-FILING
All documents electronically filed in CM/ECF must be in PDF format. Adobe Acrobat’s portable
document format (PDF) is the key to CM/ECF because it makes all documents viewable and
printable in their original format on any type of equipment regardless of whether the documents
were scanned or created using word processing software.
Documents created using word processing software can easily be converted to PDF by saving
them to PDF. Other documents not converted to PDF must be scanned to PDF. When there is an
option of scanning or converting a document to PDF before it is e-filed in CM/ECF, it is best to
convert the document. Converted documents are usually smaller and automatically have Optical
Character Recognition (OCR) functionality. OCR functionality is desirable because documents
can be searched for words and phrases and sections can be highlighted and/or copied. In
addition, CM/ECF has certain size limitations and converted documents are generally smaller.
For more information about size limitations, see the SIZE OF PDF DOCUMENTS section of this
user manual.
How to Convert a Document to PDF
It is best to convert a document created using Microsoft Word or other word processing software
to PDF by saving the document to PDF. On the other hand, it is best to convert a fillable form
created using Adobe Acrobat-compatible software to PDF by printing it to PDF. Saving a fillable
form to PDF will keep all the text fields fillable and editable, whereas printing the form to PDF
will strip out the formatting so the text fields are no longer editable.
Following are steps for saving a document created in Microsoft Word to PDF. (These steps may
vary depending on which version of Microsoft Word is used.)
Steps for Saving a Document to PDF:
• Open the document to be converted.
• Click the File tab.
• Select Save As from the list of options.
• Select a location for the new PDF document to be saved.
• In the Save as type box, select PDF (*.pdf) from the drop-down list.
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• Name the new PDF document (the file type will default to .pdf).
• Click the Save button. The new PDF document will be saved in the selected location
under the new PDF file name. The original document will remain open on the screen
in its native format.
Following are steps for printing a fillable form to PDF using Adobe Acrobat. (These steps may
vary depending on which version of Adobe Acrobat is used.)
Steps for Printing a Fillable Form to PDF:
• Complete the fillable form.
• Select Print on the menu bar.
• Click the dropdown menu for the Printer field and select Adobe PDF.
• Click on Print.
• The completed form does not print. Instead, a window opens allowing you to save the
completed form. Select a location for the completed form to be saved.
• Select a file name for the completed form in the File name: field.
• Verify the file type is PDF files (*.PDF) in the Save as type field.
• Click the Save button. The completed form is now saved as a PDF file in the
designated location. The original fillable form is not altered.
How to Scan a Document to PDF so it has OCR Functionality
Scanned documents should have OCR functionality so they can be searched for words and
phrases and sections can be highlighted and/or copied. Following are instructions for scanning
documents to PDF so they have OCR functionality using either a desktop scanner or a copier.
Desktop Scanner:
Documents scanned to PDF on a desktop scanner will have OCR functionality when the
Make Searchable (Run OCR) checkbox is checked as indicated below:
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CM/ECF User Manual and Administrative Procedures
To make sure this box is checked, follow these steps while using Adobe Acrobat. (These
steps may vary depending on which version of Adobe Acrobat is used.)
• Click File on the menu bar.
• Click on Create PDF in the drop-down list.
• Click on From Scanner in the drop-down list.
• Click on Configure Presets in the drop-down list.
• Click the Make Searchable (Run OCR) box.
• Click the OK button.
Copier:
• Documents that have been scanned to PDF on a copier will have OCR functionality
when the following steps are taken while using Adobe Acrobat. (These steps may
vary depending on which version of Adobe Acrobat is used.)
• Open the scanned PDF document in Adobe Acrobat.
• Click Document on the menu bar.
• Click on OCR Text Recognition in the drop-down menu.
• Select Recognize Text Using OCR.
• Click the OK button.
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Determining if a PDF Document has OCR Functionality
Documents electronically filed in CM/ECF should have OCR functionality, so they are text
searchable. To determine if a PDF document will have OCR functionality before it is e-filed,
follow these steps while using Adobe Acrobat. (These steps may vary depending on which
version of Adobe Acrobat is used.)
• Open the PDF document and go to the beginning of the document.
• Open the Find dialog box by holding down the CTRL+F keys.
• In the Find dialog box, enter a word, or phrase you know is in the document.
• Click the Next button in the Find dialog box.
• If the word or phrase is highlighted in the document, the document has OCR
functionality.
• If the word or phrase is NOT highlighted in the document, the document does NOT have
OCR functionality.
Adding OCR Functionality to a Document
If a document does not have OCR functionality, you can add it before the document is e-filed by
following these steps using Adobe Acrobat. (These steps may vary depending on which version
of Adobe Acrobat is used.)
If the Scanned Page Alert dialog box opened when you opened the Find dialog box, click
the Yes button in the lower right corner.
Click the OK button.
If the Scanned Page Alert dialog box did NOT open when you opened the Find dialog box,
click on Tools > Enhance Scans and click on AA Recognize Text on the Enhance Scans tool
bar.
Making Sure Your Desktop Scanner is Set Up to OCR
If you have a desktop scanner, you can check to make sure it is set to automatically OCR
documents by following these steps using Adobe Acrobat. (These steps may vary depending on
which version of Adobe Acrobat is used.)
• Click on File > Create > PDF from Scanner
• Click on the gear icon next to the My Custom Settings option.
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• If not already checked, check the Recognize Text (OCR) radio button.
• Click on Save Settings button at the far right-hand end of the Custom Scan tool bar.
Scanning, Best Practices
The National Archives and Records Administration requests that documents scanned to PDF and
electronically filed in CM/ECF have a minimum resolution of 300 ppi (pixels per inch). If a
scanner is set to less than 300 ppi, documents may become illegible when they are later archived.
If a scanner is set to more than 300 ppi, documents will be unnecessarily large. For information
about the size limitations of PDF documents e-filed in CM/ECF, see the SIZE OF PDF
DOCUMENTS section of this user manual.
Documents should be scanned in black and white. Documents should not be scanned in
grayscale. Color documents including, but not limited to, color photographs and highlighted
documents, can be scanned in color and electronically filed in CM/ECF. However, documents
should not be scanned in color unless the court needs to see something in color. In other words, a
document should not be scanned in color just because it was signed in blue ink.
Check documents for handwriting, marginalia, and other content which may not scan clearly.
Consider making a copy of the document before scanning it to PDF to darken such content so
it is legible after it is electronically filed in CM/ECF.
Use white or light-colored exhibit stickers to mark exhibits and attachments. Blue exhibit
stickers often turn black when scanned and become illegible.
Consider requesting a deposition transcript in electronic format from a court reporter so excerpts
of the deposition do not need to be scanned before e-filing.
IMPORTANT: Filers are strongly encouraged to verify a document’s content and legibility
before electronically filing the document.
SIZE OF PDF DOCUMENTS
CM/ECF cannot accommodate electronically filing PDF documents larger than the following:
• A single PDF document (either the main document or an attachment to the main
document) larger than 40 megabytes (MB). Forty megabytes (40MB) equals 40,000
kilobytes (40000KB).
• A merged PDF document (including the main document and all its attachments) larger
than 82 megabytes (MB). Eighty megabytes (82MB) equals 82,000 kilobytes (82000KB).
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If a merged PDF document is larger than 82MB when a filer tries to electronically file it, the
CM/ECF system may “timeout” and the filer will have to start the entire filing process over again
with smaller documents.
To determine the size of a single PDF document before attempting to e-file it, briefly rest your
mouse pointer over the PDF document file on your computer until a pop-up window opens as
shown below. The window will contain information about the PDF document, including the size
of the PDF document.
If a single PDF document is larger than 40MB, the filer should first check their PDF writer
program to see if it has a feature which can automatically condense or reduce the size of the PDF
document. If a single document is still too large after condensing or reducing it, it must be divided
into two or more smaller parts. When possible, the document should be divided at logical places,
such as between sections or chapters.
If a filer has already done everything possible to reduce the size of each single PDF document and
a merged PDF document (the main document and all its attachments) still exceed 82MB, the
merged document will have to be e-filed in CM/ECF during two or more transactions. Following
are the steps involved in e-filing a document during multiple transactions.
Step Action
1. E-file the main document (e.g., Affidavit in Support of Motion) and as many attachments as
possible (up to the 82MB threshold) using the appropriate event.
Note: When prompted to “Select the appropriate event(s) to which your event relates,” select the
previously filed document (usually a pending motion) to which your document relates. This will
create a link between these two related documents.
2. E-file the main document (e.g., Affidavit in Support of Motion) again (or a placeholder if the
main document is very large) and the remaining attachments using the Supplement event.
Note: When prompted to “Select the appropriate event(s) to which your event relates,” select both
the original document (usually a pending motion) to which your document relates and the
document e-filed in Step 1 above. This will create a link between all three of these related
documents.
3. If necessary, repeat Step 2.
Note: When prompted to “Select the appropriate event(s) to which your event relates,” select the
original document (usually a pending motion) to which your document relates and the documents
e-filed in both Steps 1 and 2 above. This will create a link between all four of these related
documents.
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For more information about linking documents, see the E-FILING OTHER DOCUMENTS section
of this user manual. For more information about events, see the EVENTS section of this user
manual.
EXHIBITS AND OTHER ATTACHMENTS
All case documents, including exhibits and other attachments, must be scanned, or converted to
PDF and electronically filed in CM/ECF unless they are excluded from mandatory e-filing or are
items which cannot be scanned to PDF. For a list of the types of documents excluded from
mandatory e-filing, see the EXCEPTIONS TO MANDATORY E-FILING section of this user manual.
Documents excluded from mandatory e-filing and items which cannot be scanned to PDF must be
manually delivered to the Clerk’s Office for filing with a cover sheet stating why they are being
manually filed. Documents and items which are manually delivered to the Clerk’s Office for
filing must be manually served on those case participants entitled to receive service in accordance
with the federal rules of procedure and the local rules of practice of this district court. For more
information about service of documents, see the SERVICE OF DOCUMENTS section of this user
manual.
Exhibits and attachments must each be scanned or converted to PDF separately and attached
separately to the main document, except for the following types of documents which should be
scanned together and attached as one PDF document:
• Multiple letters of support filed in a criminal case.
• Multiple victim impact statements filed in a criminal case.
• Multiple supporting documents related to sentencing in a criminal case.
• Multiple civil summonses filed in a divisional shell case.
• A civil case initiating document and a civil cover sheet filed in a divisional shell case.
• An attachment with attachments.
• An appendix to an appeal brief. (See additional information later in this section.)
• Redacted trial and hearing exhibits. (See the Trial and Hearing Exhibits section of this
user manual for more information about e-filing redacted trial and hearing exhibits.)
In addition to scanning or converting exhibits and attachments to PDF and attaching most of
them separately (see exceptions above), exhibits and attachments must also be properly
described when they are electronically filed. “Exhibit A – Photo,” Exhibit A – Photo of House,”
“Exhibit 2 – Letter,” and “Exhibit 2 – Letter signed by Shane Brown” are examples of properly
described attachments. “Exhibit,” “Exhibit A,” and “Exhibit 2” are examples of insufficiently
described exhibits. For more information about describing exhibits and attachments, see Step 9
in the STEP-BY-STEP GUIDE FOR E-FILING A CIVIL COMPLAINT IN A SHELL CASE section of
this user manual and Step 6 in both the STEP-BY-STEP GUIDE FOR E-FILING A MOTION IN A
CIVIL CASE section and the STEP-BY-STEP GUIDE FOR E-FILING A MOTION IN A CRIMINAL
CASE section of this user manual.
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An appendix to an appeal brief should not be attached to the appeal brief. If possible, the entire
appendix, including the table of contents, should be scanned as one PDF document, and
electronically filed using the Appendix event. If the appendix is too large to file as one
document, it must be divided into smaller parts before it is e-filed. See the SIZE OF PDF
DOCUMENTS section of this user manual for more information about e-filing large PDF
documents.
Color documents, including, but not limited to, color photographs and highlighted documents,
can be scanned in color and electronically filed as exhibits or attachments.
Excerpts of referenced documents which are directly germane to the matter under consideration
by the court may be attached to a document electronically filed in CM/ECF. Excerpted material
should be clearly and prominently identified as such and highlighting or underlining of relevant
portions is encouraged. Parties who e-file excerpts of documents do so without prejudice to their
right to timely file additional excerpts. Responding parties may e-file additional excerpts they
believe are directly pertinent. The court may also require parties to file additional excerpts or the
complete document. When excerpts of deposition transcripts are attached to a document, full-
sized transcripts, not condensed versions, should be utilized.
Any party moving to amend a pleading in a civil case must attach a copy of the proposed
amended pleading to its motion to amend. The proposed changes to the pleading must be
highlighted or underlined in the attachment so they are easily identifiable.
Trial and Hearing Exhibits
Pursuant to Civ. LR 43.1.B and Crim. LR 57.3.B, at the conclusion of a trial or evidentiary
hearing, the Clerk’s Office will electronically file each party’s documentary exhibits offered
and/or received into evidence (except sealed exhibits) in CM/ECF using the Restricted
Trial/Hearing Exhibits event. These exhibits will be restricted for a minimum of 21 days.
During this time the exhibits will be accessible electronically by court users and case participants
only. They will be accessible by the public only at the public access terminal.
The Clerk’s Office will also separately e-file each party’s sealed documentary exhibits (sealed
exhibits) offered and/or received into evidence using the Sealed Trial/Hearing Exhibits event.
These exhibits will be sealed, and they will remain sealed; they will not be accessible by case
participants or the public.
After filing the documentary exhibits in CM/ECF, the Clerk’s Office will return all original
documentary exhibits to the offering party. In addition, pursuant to D.S.D. Civ. LR 43.1(C) and
D.S.D Crim. LR 57.3(C), physical exhibits will also be returned to the offering party at the
conclusion of a trial or other proceeding. The offering party will be required to sign a Receipt for
the physical exhibits. The offering party is responsible for retention and preservation of all
exhibits consistent with the local rules.
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Each party is responsible for reviewing its exhibits to determine if any exhibit should be redacted
pursuant to D.S.D. Civ. LR 5.2 or D.S.D. Crim. LR 49.1.1. If redactions are required, the
offering party must make the necessary redactions and within 21 days electronically file all trial
or hearing exhibits that are public in CM/ECF using the Redacted Trial/Hearing Exhibits
event, including redacted exhibits and exhibits that do not require redaction. This does not
include sealed exhibits. The original exhibits will remain as docketed and the public access
terminal access will be removed.
When electronically filing exhibits in CM/ECF using the Redacted Trial/Hearing Exhibits
event, it is not necessary to scan and attach each exhibit separately. The exhibits should be
scanned and attached in groups not to exceed 40MB in size. If the groups of exhibits total more
than 82MB, the Supplement event must be utilized. See the SIZE OF PDF DOCUMENTS section
of this user manual for more information about e-filing large documents.
If, within 21 days, a party has redacted and electronically filed its trial or hearing exhibits using
the Redacted Trial/Hearing Exhibits event, that party’s previously e-filed exhibits will remain
restricted and will never be accessible by the public. On the other hand, if a party has not
redacted and electronically filed its trial or hearing exhibits in CM/ECF, the Clerk’s Office will
remove the restrictions on that party’s previously e-filed exhibits, thereby making them
accessible by the public. The Clerk’s Office will notify counsel of this by filing a Notice of
Unrestricting Trial/Hearing Exhibits in CM/ECF. In all instances, sealed exhibits e-filed by the
Clerk’s Office will remain sealed.
Counsel will not receive notice when restricted exhibits are filed in a sealed case. If the case is
not a juvenile criminal case and it is later unsealed and less than 21 days have passed since the
restricted exhibits were filed, the exhibits will be restricted to case participants when the case is
unsealed. If, however, the case is unsealed and more than 21 days have passed since the
restricted exhibits were filed, the exhibits will no longer be restricted and will be accessible by
the public. When a trial or evidentiary hearing is held in a sealed case, the attorney who offers an
exhibit into evidence that should be redacted should file a redacted version of the exhibit to
prevent the unredacted version becoming accessible to the public when the case is unsealed. See
the EXCEPTIONS TO MANDATORY E-FILING section of this user manual for more information
about manually filing documents in CM/ECF.
EVENTS
“Events” are utilized in CM/ECF for electronically filing documents and creating docket entries
on the docket sheet in all types of cases. Different events have been created for filing different
types of documents and enable various case management functions to take place in the
background.
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It is important to select the correct event when e-filing a document in CM/ECF. Selecting the
wrong event can also have unintended consequences. For example, the Speedy Trial Act of 1974,
as amended (Speedy Trial Act), sets forth time limits and procedures to minimize undue delay
and promote the prompt disposition of criminal cases. When a motion for continuance is filed in
a criminal case using the Continuance Motion under 18:3161 event, the Speedy Trial clocks in
CM/ECF are automatically stopped or “tolled” in the background. The Speedy Trial clocks in
CM/ECF are not automatically tolled when a motion for continuance is filed using the Motion to
Continue event. Therefore, if a defendant has not pled or been sentenced and the Speedy Trial
Act still applies, a motion for continuance should be filed using the Continuance Motion under
18:3161 event so the Speedy Trial clocks are automatically tolled. Otherwise, if a defendant has
pled or been sentenced and the Speedy Trial Act no longer applies, a motion for continuance
should be filed using the Motion to Continue event so the Speedy Trial clocks in CM/ECF are
not affected.
When electronically filing a document, it is best to use the most specific event available. For
example, an amended complaint in a civil case should be e-filed using the Amended Complaint
event rather than the generic Amended Document event.
Use the Memorandum in Support of Motion, Memorandum in Opposition to Motion, and
Ex Parte Memorandum in Support of Motion events to electronically file memorandums
related to a motion. Do not use the Brief event for this purpose. Use the Brief event only when
directed by the court to brief an issue.
For help selecting the correct event, see the Civil Case Events List and Criminal Case Events
List posted on the district court’s website. Also see Step 1 in both the STEP-BY-STEP GUIDE FOR
E-FILING A CIVIL COMPLAINT IN A SHELL CASE and the STEP-BY-STEP GUIDE FOR E-FILING A
MOTION IN A CIVIL CASE sections of this user manual and Step 5 of the STEP-BY-STEP GUIDE
FOR E-FILING A MOTION IN A CRIMINAL CASE section of this user manual. For additional help
locating the correct event, click on the Search menu on the CM/ECF menu bar. For more
information about using the Search menu, see the SEARCH MENU section of this user manual. If
you are still unsure which event to use, contact the Clerk’s office before e-filing a document in
CM/ECF.
PAY.GOV
Pay.gov is a convenient way to make secure credit card payments directly to the United States
Treasury via the internet. CM/ECF utilizes Pay.gov so filers can pay certain district court fees
during the electronic filing process. The following events allow the filer to pay the associated
district court fee utilizing Pay.gov:
Civil Events
• Complaint & Civil Cover Sheet (SHELL CASE)
• Complaint – Prisoner Civil Rights (42:1983) (SHELL CASE)
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• Complaint – Social Security Appeal & Civil Cover Sheet (SHELL CASE)
• Motion for Admission Pro Hac Vice
• Notice of Appeal
• Notice of Appeal – Cross Appeal
• Notice of Appeal – Interlocutory
• Notice of Removal & Civil Cover Sheet (SHELL CASE)
• Petition for Writ of Habeas Corpus (28:2241) (SHELL CASE)
• Petition for Writ of Habeas Corpus (28:2254) & Civil Cover Sheet (SHELL CASE)
• Petition for Writ of Mandamus (SHELL CASE)
Criminal Events
• Appeal from Magistrate Judge Conviction and/or Sentence
• Motion for Admission Pro Hac Vice
• Notice of Appeal – Conditions of Release
• Notice of Appeal – Final Judgement
• Notice of Appeal – Interlocutory
During the electronic filing process, a filer using one of these events will be presented with a
Credit Card Payment Information screen and a Payment Summary and Authorization
screen so they can enter the information necessary to pay the associated district court fee using a
credit card. These screens are like payment screens commonly seen when making an online
purchase.
Occasionally, filers make inadvertent, duplicate, or erroneous credit card payments utilizing
Pay.gov. These payments can be incurred as the result of using the wrong event, filing in the
wrong case, etc. The Clerk’s Office cannot void these payments. Attorneys seeking a refund
should submit a written request in the form of a letter addressed to: Clerk, U.S. District Court,
Attn: Administrative Services Unit, Finance Department, 314 S. Main Avenue, Suite 100, Sioux
Falls, SD 57104. The letter must include the name, address, and telephone number of the party
requesting the refund. Upon verification of the error, the district court’s finance department will
process the refund to the same credit card on which the erroneous payment was made. Refund
checks will not be issued.
Filers can run an Internet Payment History report in CM/ECF at any time to see a list of all
credit card payments they have made in CM/ECF utilizing Pay.gov during a specified period.
There is no fee for viewing this report. For more information regarding this report, see the
Internet Payment History section of this user manual.
For additional information about Pay.gov see Step 14 of the STEP-BY-STEP GUIDE FOR E-FILING
A CIVIL COMPLAINT IN A SHELL CASE section of this user manual. Also see the Pay.gov Credit
Card Payment Guide posted on the district court’s website or go to the Pay.gov website located
at www.pay.gov.
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REDACTING DOCUMENTS
In order to promote electronic access to case files while also protecting personal privacy and
other legitimate interests, pursuant to the E-Government Act of 2002, as amended, Fed. R. Civ.
P. 5.2, Fed. R. Crim. P. 49.1, D.S.D. Civ. LR 5.2(A), and D.S.D. Crim. LR 49.1.1(A), parties
must refrain from including, or must partially redact where inclusion is necessary, the following
personal data identifiers from all documents filed with the district court, whether filed
electronically or manually, including exhibits and other attachments, unless otherwise ordered by
the court:
• Social Security numbers (SSN) and employer identification numbers (EIN) – Redact all
but the last four digits.
• Names of individuals known to be minors – Use the minor’s initials.
• Dates of birth – Redact all but the year.
• Financial account numbers – Redact all but the last four digits.
• Home addresses in criminal cases – Redact all but the city and state.
Additionally, D.S.D. Civ. LR 5.1(E), and D.S.D. Crim. LR 49.1(E) require filers to completely
redact website addresses from all filed documents directing the court to websites containing
personal data identifiers and/or pornography.
After electronically filing the redacted version of a document in CM/ECF, filers may manually
deliver an unredacted version of the document with the Clerk’s Office for filing under seal. Such
documents must be accompanied by a cover sheet stating the following, “Document filed under
seal pursuant to the E-Government Act.” The Clerk’s Office will enter the unredacted version of
a redacted document in CM/ECF under seal using the Sealed Document event. For information
about filing unredacted documents under seal, see the Unredacted Documents section of this
user manual.
Although not specifically required to be redacted, caution should be used when filing documents
containing sensitive information, including, but not limited to, (1) personal identifying numbers,
such as driver’s license numbers, (2) medical records, including treatment and diagnosis, (3)
employment history, (4) individual financial information, and (5) proprietary or trade secret
information.
For more information about redacting documents, see the REDACTION TIPS section of this user
manual.
IMPORTANT: Redaction is the sole responsibility of counsel and the parties. Neither the
Clerk’s Office nor court reporters or transcriptionists review documents or transcripts for
information that should be redacted.
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REDACTION TIPS
Documents which are incorrectly redacted may still contain personal data identifiers or other
information. Filers should use extra care to make sure electronically filed documents are fully
and completely free of information which should be redacted, including hidden data. Although
documents may appear to be redacted, hidden data may still contain unredacted personal data
identifiers and other confidential information. Beware of the following:
• Changing the font to white makes it look like the words disappear, but they don’t.
• Document files created using word processing software (including Microsoft Word,
Corel WordPerfect, etc.) retain a lot of hidden code called “metadata” which can contain
revision history and other information. This metadata can reveal anything that was
contained in the document file at any time, even text which was previously deleted or
changed—even if the document was re-saved. This is useful for tracking revisions, but if
this information is not purged from the document file, someone can look at this
information, even after the document has been converted to PDF.
• Adobe Acrobat (the full version) has some graphic and “commenting” tools which can
blackout, cover over, or remove sections of text. The edits these tools make can be
removed to reveal the text underneath.
• Using markers, semitranslucent tape, or paper to cover areas of a document to be scanned
can still sometimes show enough information for someone to see what was assumed
hidden, especially if that same data repeats several times throughout a document.
The district court does not endorse any specific method for “sanitizing” a document. There are
several consulting and software resources which specialize in data redaction.
For more information about metadata, see the Guidelines for Editing Metadata posted on the
district court’s website.
HYPERLINKS
Electronically filed documents can include active hyperlinks to previously filed documents in the
same case or another case filed in this district court. These are known as “cross-document
hyperlinks.” It is also possible to link two or more documents in the same event (e.g., create a
hyperlink in the main document to an attachment) when those documents have not yet been filed
in CM/ECF. For specific instructions about adding active cross-document hyperlinks to a
document created in Microsoft Word or Corel WordPerfect, see the Guide to Cross-Document
Hyperlinks posted on the district court’s website.
Electronically filed documents can include active cross-document hyperlinks to previously filed
documents in other federal courts which use CM/ECF. CM/ECF is currently used in over 200
different federal courts, including United States district courts, United States bankruptcy courts,
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United States courts of appeal, the United States Supreme Court, the United States Court of
Federal Claims, and the United States Court of International Trade. For a detailed list of federal
courts that use CM/ECF go to the PACER Service Center website.
Electronically filed documents can also include active hyperlinks to items posted on the internet.
Pursuant to D.S.D. Civ. LR 5.1(E) and D.S.D. Crim. LR 49.1(E), filers must completely redact
any hyperlinks in a filed document which direct the court to a website containing personal data
identifiers and/or pornography. For more information about redacting documents, see the
REDACTING DOCUMENTS and the Unredacted Documents sections of this user manual.
SIGNATURES
Pursuant to D.S.D. Civ. LR 10.1(B) and D.S.D. Crim. LR 57.6(B), an electronically filed
document must include a signature block which sets forth the name, address, telephone number,
and email address of the filer. This information should not be included in a header or a footer
which appears on every page of a filed document or as part of the case caption.
The signature block must also contain an ink or facsimile signature of the filer, or the typed name
of the filer preceded by an “/s/,” as in the following example:
/s/ Nelson E. Wiseman
The signature on the document must belong to the same person whose PACER account was used
to e-file the document. The signature on the document, together with the filer’s PACER
username and password, serve as the filer’s signature for purposes of the federal rules of
procedure, the local rules of practice of this district court, and any other purpose for which a
signature is required in connection to proceedings before this district court.
Only attorneys and pro se filers can sign their electronically filed documents using an “/s/” and
their typed name on the signature line. Affidavits and declarations signed by anyone other than
the attorney or pro se filer who e-filed the document must contain the actual ink signature of the
affiant or declarant. Notarized documents must also contain the actual ink signature of the notary
public.
Pursuant to D.S.D. Civ. LR 5.1(D) and D.S.D. Crim. LR 49.1(D), documents requiring the
signatures of more than one party may be e-filed by either (a) submitting a scanned document
containing all necessary signatures, or (b) in any other manner approved by the court. It is never
permissible for a filer to sign a document for another person by typing an “/s/” and the other
person’s name on a signature line in the document. It is never permissible for a document to
contain more than one “/s/” signature.
Pursuant to D.S.D. Civ. LR 83.2(E) and D.S.D. Crim. LR 44.1(E), local counsel must sign and
file all documents. Attorneys who are admitted pro hac vice are not allowed to file documents
with this district court and should not sign a document which is e-filed using local counsel’s
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PACER username and password. If local counsel e-files a document and pro hac vice counsel
insists on signing the document, local counsel’s signature must also be on the document and pro
hac vice counsel must sign the document with ink. Pro hac vice counsel cannot sign the
document by placing a “/s/” and their typed name on a signature line in the document.
REMINDER: Documents that are manually filed with the Clerk’s Office MUST include the
filer’s actual ink signature.
SERVICE OF DOCUMENTS
When a filer electronically files a document in CM/ECF a Notice of Electronic Filing (NEF)
email is automatically generated and sent to the appropriate case participants. Pursuant to D.S.D.
Civ. LR 5.1(A) and D.S.D. Crim. LR 49.1(A), receipt of the NEF email constitutes electronic
service on those attorneys who consented to receive electronic notice at the time of registration
and on those non-prisoner pro se parties who requested to receive electronic notice. For more
information about electronic service, see the NOTICE OF ELECTRONIC FILING (NEF) EMAIL
section of this user manual.
All case participants — or one certain case participant — may not receive a NEF email when a
document is electronically filed in CM/ECF. This may occur for several reasons, including the
following:
• The event used to file the document did not generate a NEF email. This includes sealed
plea and sentencing related documents filed in a criminal case.
• Prisoner pro se parties do not receive electronic service.
• A non-prisoner pro se party has not requested to receive electronic service.
• An attorney is exempted from receiving electronic service.
Those case participants entitled to receive service who do not receive a NEF email must be
manually served with copies of the filed document in accordance with the federal rules of
procedure and the local rules of practice of this district court. A certificate of service is required
and should be attached to the document. The certificate must identify the person or persons to be
served and how manual service will be accomplished.
When, for whatever reason, a document cannot be electronically filed and must be manually
delivered to the Clerk’s Office for filing (including documents in criminal cases involving
juvenile defendants), those case participants entitled to receive service must be manually served
with a copy of the filed document in accordance with the federal rules of procedure and the local
rules of practice of this district court. This is true even if those case participants will receive
electronic notice when the Clerk’s Office enters the document in CM/ECF. Entry of the
document in CM/ECF by the Clerk’s Office does not constitute valid service by the filer.
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NOTICE OF ELECTRONIC FILING (NEF) EMAIL
When most documents are filed in CM/ECF, a Notice of Electronic Filing (NEF) email is
automatically generated and sent to the appropriate case participants. This is known as electronic
notice and constitutes service on those attorneys who have registered for electronic filing
privileges and those non-prisoner pro se parties who have registered to receive service of
documents in accordance with the federal rules of procedure and the local rules of practice of this
district court.
The subject line of a NEF email looks like the following:
The NEF email contains the same information as the NEF receipt discussed in the NEF RECIEPT
section of this user manual, plus an active document number hyperlink for accessing the filed
document (if a document was filed). If a document was filed, provided it is not restricted, the
first time a recipient of a NEF email clicks on the active document number hyperlink contained
in the NEF email, the email recipient can look at the document and any attachments for free. The
email recipient should print or save a copy of the document (and any attachments) the first time
they look at it because the next time they look at it they will be charged applicable PACER
access fees. One-time free access to the filed document (and any attachments) expires 15 days
after receipt of a NEF email.
For more information about NEF receipts, see the NEF RECEIPT section of this user manual. For
information about accessing restricted documents from a NEF email, see the ACCESSING
RESTRICTED DOCUMENTS section of this user manual. For information about PACER, see the
PACER section of this user manual or go to the PACER Service Center website.
Although CM/ECF immediately transmits a NEF receipt back to the filer’s screen, NEF emails
are not sent to any case participants, including the filer, when a document is filed by the court in
a sealed case or when the document being filed results in a sealed docket entry. NEF emails are
also not sent to the filer when civil case initiating documents are e-filed in a divisional shell case
using specific shell case events. For more information about sealed docket entries, see the
SEALED DOCKET ENTRIES section of this user manual. For more information about e-filing in a
divisional shell case, see both the E-FILING CIVIL CASE INITIATING DOCUMENTS and the STEP-
BY-STEP GUIDE FOR E-FILING A CIVIL COMPLAINT IN A SHELL CASE sections of this user
manual.
An attorney can receive electronic notice when a document is filed in a case in which the
attorney is not a participant. In this situation, when the attorney (or an email recipient on behalf
of the attorney) receives a NEF email and clicks on the active document number hyperlink
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contained in the NEF email, the attorney will be routed to PACER where they can choose
whether to pay applicable PACER access fees to look at the document. For more information
about receiving electronic notice when a document is filed in a case in which an attorney is not a
participant, see the Configuring Email Addresses section of this user manual.
Even when a document is not actually filed in CM/ECF, case participants may receive electronic
notice when docket activity occurs in a case. When this occurs, the NEF email will notify the
recipient of the docket activity, but the NEF email will not contain an active document number
hyperlink for accessing a filed document. Among other instances, this happens when oral orders
and text orders are filed by the court.
Attorneys and non-prisoner pro se parties who have requested to receive electronic notice are
required to properly maintain the primary email address associated with their national PACER
account and optional secondary email addresses associated with their local CM/ECF account.
The Clerk’s Office does not monitor undeliverable NEF emails. .
WHAT CONSTITUTES E-FILING/OFFICIAL RECORD
Pursuant to D.S.D. Civ. LR 5.1(A) and D.S.D. Crim. LR 49.1(A), electronic transmission of a
document to the CM/ECF system, together with transmission of a Notice of Electronic Filing
(NEF) from the district court constitutes filing of the document for all purposes of the federal
rules of procedure and the local rules of practice of this district court. This also constitutes entry
of the document on the docket kept by the Clerk of Court pursuant to Fed. R. Civ. P. 58 and
Fed. R. Civ. P. 79.
An electronically filed document is deemed filed at the date and time stated on the NEF email as
generated by the CM/ECF system. In instances when a NEF email is not generated, such as when
civil case initiating documents are e-filed in a divisional shell case or when a sentencing related
document is e-filed in a criminal case which results in a sealed docket entry, a document is
deemed delivered to the Clerk’s Office at the date and time stated on the NEF receipt. For more
information about NEF receipts, see the NEF RECEIPT section of this user manual. For more
information about e-filing civil case initiating documents, see the E-FILING CIVIL CASE
INITIATING DOCUMENTS IN A SHELL CASE and the STEP-BY-STEP GUIDE FOR E-FILING A
CIVIL COMPLAINT IN A SHELL CASE sections of this user manual.
The district court’s server is in Sioux Falls, South Dakota, in the Central Time Zone.
Electronically filed documents must be filed by 11:59 p.m. Central Time, regardless of the
location of the filer, to be considered timely filed that day, unless specifically ordered otherwise
by the court.
When a document has been electronically filed, the official record is the electronic document as
stored in the CM/ECF system, and the filer is bound by the document as filed.
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CM/ECF User Manual and Administrative Procedures
E-FILING CIVIL CASE INITIATING DOCUMENTS
In the past, attorneys had to manually deliver civil case initiating documents to the Clerk’s Office
for filing. Now, attorneys have the option of manually filing civil case initiating documents or
electronically “filing” civil case initiating documents in CM/ECF using the following specific
events. (Initial pleading events are distinguished with an asterisk*):
• Complaint & Civil Cover Sheet (SHELL CASE)*
• Complaint – Prisoner Civil Rights (42:1983) (SHELL CASE)*
• Motion to Proceed in Forma Pauperis (SHELL CASE)
• Motion to Reduce Sentence – Davis Claim (SHELL CASE)*
• Motion to Reduce Sentence – Johnson Claim (SHELL CASE)*
• Motion to Vacate/Set Aside/Correct Sentence (28:2255) (SHELL CASE)*
• Notice of Removal & Civil Cover Sheet (SHEL
