District of Utah
ECF Procedures Manual
Revised July 2026
ECF Procedures Manual Revised July 2026
TABLE OF CONTENTS
INTRODUCTION .............................................................................................................. 4
I. EFILING REGISTRATION ........................................................................................ 5
A. Mandatory Registration for Efiling - Attorney. ............................................. 5
B. Email Filing and Electronic Notification – Unrepresented Party. ................. 6
II. PREPARING DOCUMENTS FOR FILING ................................................................. 7
A. FORMATTING STANDARDS AND REQUIREMENTS. ....................................... 7
1. Format. ..................................................................................................... 7
2. PDF Content Criteria. ............................................................................... 9
3. File Size Requirements. .......................................................................... 10
4. Flattened PDF. ........................................................................................ 11
B. PRIVACY ....................................................................................................... 11
C. REDACTION .................................................................................................. 12
D. SIGNATURES. ............................................................................................... 13
E. FILING BRIEFS IN SOCIAL SECURITY APPEALS CASES ................................... 14
III. PAYMENT AND FILING GUIDANCE ..................................................................... 15
A. PAYMENT OF FEES ....................................................................................... 15
B. EFILING NEW CASES AND PAYING ONLINE ................................................. 16
C. ATTACHING EXHIBITS TO A DOCUMENT ..................................................... 17
D. FILING DOCUMENTS UNDER SEAL .............................................................. 18
1. Local Rules. ............................................................................................ 18
2. Sealed Documents in Unsealed Civil Cases. .......................................... 18
3. Restricted and Sealed Documents in Criminal Cases. ........................... 21
E. NONELECTRONIC FILING ............................................................................. 24
1. Manual Delivery to Clerk’s Office. ......................................................... 24
2. Procedure for Nonelectronic Filing........................................................ 25
F. ADDING OR TERMINATING PARTIES IN CM/ECF ......................................... 26
IV. SERVICE AND COURTESY COPIES ....................................................................... 27
A. SERVICE ........................................................................................................ 27
ECF Procedures Manual Revised July 2026
1. Email Notices. ........................................................................................ 27
2. Initial Service. ......................................................................................... 27
3. Subsequent Filings. ................................................................................ 28
4. Certificates of Service. ........................................................................... 29
B. COURTESY COPIES ....................................................................................... 29
C. DELIVERY OF PROPOSED DOCUMENTS ....................................................... 29
V. PROBLEMS IN FILING .......................................................................................... 32
A. ELECTRONIC FILING ERRORS ....................................................................... 32
B. TECHNICAL PROBLEMS - DOWNTIME ......................................................... 33
ECF Procedures Manual Revised July 2026
INTRODUCTION
On May 2, 2005, the United States District Court for the District of Utah adopted
electronic case files as part of the implementation of its Case Management/Electronic
Case Files (CM/ECF) system. This system, developed at the direction of the Judicial
Conference of the United States, was implemented in federal trial courts throughout
the country to facilitate electronic filing of case documents, also called “efiling.” In
February 2020, this system was upgraded in this district to NextGen CM/ECF,
combining access rights of users’ CM/ECF and PACER accounts.
Efiling is the electronic transmission of Portable Document Format (PDF) documents
by uploading the document directly into the electronic case file in CM/ECF. An
electronic document has the same legal status and effect as a paper document.
A filer will receive a Notice of Electronic Filing (NEF) when an entry has been made to a
CM/ECF case docket. The court's system generates the NEF, which is sent by email to
counsel of record or an unrepresented party who has registered to receive electronic
notification of case activity. For documents that are filed electronically, the NEF is
official notice to all other parties and verification to the court that a filing has been
received and docketed in the case. The NEF includes the docket entry as well as a link
to the filed document.
The court’s Local Rules of Practice identify who is authorized to electronically file
documents in a case. This ECF Procedures Manual supplements those rules by
providing administrative guidance for using CM/ECF or filing by email. The court’s
CM/ECF User's Manual provides step-by-step instructions on the technical aspects of
using CM/ECF, which are not included here.
Those preparing documents to be filed in a case electronically should follow the Local
Rules of Practice and these procedures. Amendments to these resources and
updates to these procedures are posted on the court's website:
http://www.utd.uscourts.gov.
For assistance with any efiling issues, please call:
• for case specific questions, the assigned judge’s docketing clerk (a list is
available at https://www.utd.uscourts.gov/contact);
• for assistance with viewing documents or account and payment settings, the
PACER Service Center at 800-676-6856; or
• for general questions, the Clerk’s Office at 801-524-6100.
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I. EFILING REGISTRATION
A. Mandatory Registration for Efiling - Attorney.
1. Attorneys authorized to practice before this court must register
to efile using PACER and to receive electronic notifications of case
activity through CM/ECF. Detailed efiling registration instructions
are available on the court’s website.
a. Before efiling, attorneys must have an individual PACER
account (shared PACER accounts cannot be used for this
process).
b. PACER accounts that were created before August 2014,
must be upgraded (see Upgrading Your PACER Account for
instructions).
2. A login name and password for efiling is created when an
attorney registers for efiling through PACER. The login name and
password must not be shared with or made available to anyone
other than the registered efiler and staff.
3. Active, federal, pro hac vice, and inactive attorneys must maintain
a current telephone number, mailing address, and email address
with the court at all times. Contact information must be updated
through PACER and a Notice of Change of Contact Information
must be filed in active cases filed in CM/ECF to notify the other
parties of the changes.
4. The court will inactivate an attorney’s efiling privileges when an
email to the attorney’s primary email address is returned
undeliverable and an updated email address has not been
provided.
5. The court will limit or inactivate an attorney’s efiling privileges if
the attorney fails to maintain an active status with the court’s Bar
or is suspended for disciplinary reasons.
6. Attorneys must file all documents electronically, except those that
the court requires to be filed manually. See Nonelectronic Filing
below.
7. The Clerk’s Office will contact attorneys who have a high rate of
errors in electronic filing to arrange for additional training. If after
additional training the attorney is still unable to successfully file
electronically, the court may require them to file manually.
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8. The court may inactivate an attorney’s efiling privileges if the
court determines they have abused the system or violated these
procedures.
9. The requirement to efile extends to attorneys who are in active
status or are federal attorneys as defined by DUCivR 83-1(b) and
acting on their own behalf as a named party in pending action
before the court.
B. Email Filing and Electronic Notification – Unrepresented Party.
1. An unrepresented party may return a completed Email Filing and
Electronic Notification Form for Unrepresented Parties to the
Clerk’s Office to sign up to email file and receive Notices of
Electronic Filing (NEF). The Email Filing and Electronic Notification
Form for Unrepresented Parties is available on the court’s
website.
2. Documents to be filed may be emailed to the Clerk’s Office at
[email protected].
3. Emailed documents must be in PDF format and conform to the
formatting standards outlined in these procedures.
4. An unrepresented party must maintain a current telephone
number, mailing address, and email address with the court at all
times.
5. The court may revoke a party’s email filing privileges if the court
determines the party has abused the system or violated these
procedures.
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II. PREPARING DOCUMENTS FOR FILING
A. FORMATTING STANDARDS AND REQUIREMENTS.
1. Format.
a. Document content formatting must comply with the
requirements in Local Rule DUCivR 10-1.
b. All documents served or filed after the commencement
of a case must include a properly captioned case number,
which includes the division number, calendar year, case
type, consecutive case number, and assigned district
and/or magistrate judge’s initials. Formatting for the case
number is as follows:
Legend
Division/Region
1 = Northern Division (Ogden Office)
2 = Central Division (Salt Lake Office)
4 = Southern Region (St. George Office)
Calendar Year – last two digits of the year
Case Types
CV = Civil Case
CR = Criminal Case
AD = Attorney Discipline Case
MC = Miscellaneous Case
MJ = Magistrate Judge Case
RF = Restricted Filer Case
Consecutive Case Number, e.g.: 100
Assigned Judge Initials (the district judge’s initials
comes after the last number and before the referred
magistrate judge’s initials, if applicable – e.g.:
4:11CR100 RJS-PK)
Examples
Northern Division Civil Cases 1:11CV100 RJS
Central Division Civil Cases 2:11CV100 RJS-JCB
Southern Region Civil Cases: 4:11CV100 DN-PK
Northern Division Criminal Cases 1:11CR100 RJS
Central Division Criminal Cases 2:11CR100 RJS-DBP
Southern Region Criminal Cases: 4:11CR100 DN
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c. Documents filed in CM/ECF must be converted to PDF
format before they are efiled. PDF software, in effect,
captures the original document and allows the converted
document to open across a broad range of hardware and
software with the text, layout, format, links, and images
intact.
i. A document created with almost any word-
processing program can be converted to PDF.
ii. Scanned documents can also be converted to PDF.
For PDF resolution quality, scanners should be set to
black and white at 300 dots per inch, rather than
color or gray scale scanning unless those settings
are needed to properly display the data in the
document.
d. Optical Character Recognition (OCR) is the conversion of
scanned images into text (text overlays). Scanned
documents should be OCR’d, when possible and
practical.
i. OCR is a feature readily available in most scanning
and PDF-creation software packages, including Adobe
Acrobat Standard.
ii. OCR’ing a document provides the ability to ‘text-
search’ and ‘copy and paste’ in a document. This
makes it easier for chambers and all other parties to
review, research, and use the efiled materials.
iii. OCR is most effective on documents that are
primarily text-based and is normally not beneficial for
maps, photos, charts, graphs, and other non-text
documents.
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e. Whenever technically feasible, electronically filed
documents should be converted to PDF format using
Adobe Acrobat or a similar PDF conversion software, and
not by scanning. Using PDF conversion software will
preserve text attributes like the ability to ‘text-search’
and ‘copy and paste’. See the table below for
recommended PDF-conversion methods:
Document Format Recommended PDF Conversion method
Documents in Word, WordPerfect, or PDF conversion (rather than scanned)
other word-processing software
Transcripts in text format on disk or PDF conversion
in email
Maps and photos in electronic format PDF conversion where appropriate
Web pages PDF conversion
Printed copies of documents, contracts, Scanning to PDF
statements, transcripts, etc., where an
electronic copy is not normally available
Map, photos, and other materials where Scanning to PDF
an electronic copy is not readily available
f. After a document has been converted to PDF, it is the
best practice to view the PDF before efiling it to ensure it
was properly converted. For more information
document conversion to PDFs, visit the websites of PDF
vendors: Adobe Acrobat, FinePrint, Kofax Power PDF, or
PrimoPDF.
2. PDF Content Criteria.
a. An electronically filed PDF document will be rejected by
CM/ECF if the document:
i. does not comply with PDF format standards;
ii. contains JavaScript, scripts that can launch an external
application, attachments internal to the PDF file, or
audio and video content;
iii. is encrypted or password-protected; or
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iv. is created with Mac OS X using a fillable form in the
Safari browser or with OS X using MS Word and
selecting the option, “Best for printing.”
b. An electronically filed PDF document will be accepted when
the document:
i. contains editable forms (and forms should be
flattened before filing, see below), hyperlinks to
external websites, or OCR meta-data;
ii. meets the PDF-A standard;
iii. is comprised of scanned documents; or
iv. is created with Mac OS X using a fillable form in the
Chrome browser or with Mac OS X using MS Word
and selecting the option, “Best for Electronic
Distribution.”
3. File Size Requirements.
a. The maximum file size limit for each PDF document efiled
in CM/ECF is 50 MB.
b. PDFs larger than the maximum file size can be broken up
into smaller PDF documents and filed together in one
event in CM/ECF, with a main document and the
remaining documents as separate attachments to the
main document.
c. Oversized documents and other file types not accepted by
CM/ECF may be delivered to the Clerk’s Office on a digital
storage device, such as a USB flash drive. The delivery
should include two copies of the device, one for the
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Clerk’s Office file and one for chambers. The device must
only contain documents or files relating to a single entry
in a specific case and must be clearly labeled. The device
must be attached to a captioned cover page and include
the name of the filing, identify other filings it relates to, if
any, and contain a brief description of the documents
stored on the device. If a device is provided after filing a
Notice of Nonelectronic Filing (as noted in Section III.E.
below), a copy of the notice must be attached to the
device.
NOTE: Digital storage devices will be screened for viruses
and malware by the Clerk’s Office IT department prior to
recording their receipt on the docket. This may take
several days. They will be backdated on the docket to the
date of receipt.
4. Flattened PDF.
The simplest way to address most PDF upload rejections is to
flatten the PDF and then upload it again. There may be multiple
ways to flatten a PDF depending on the PDF creation software used.
The most common practice is to flatten by printing to PDF. To print
to PDF:
a. open the PDF in Adobe Acrobat or other PDF creation
program;
b. print the PDF file to PDF printer (File > Print > select Adobe
PDF or another PDF printer listed in the drop-out list); and
c. save the printed PDF and upload it for filing.
NOTE: In Kofax Power PDF, use the Flatten File feature
found at Advanced Processing > Flatten File.
B. PRIVACY
1. To promote electronic access to case files while also protecting
personal privacy and other legitimate interests, attorneys and
parties should review the Judicial Conference Privacy Policy and
applicable federal and local rules before entering documents on the
CM/ECF system.
2. Any personal information not redacted or sealed will be made
available online via PACER and CM/ECF.
3. The Clerk’s Office may review any efiled document to determine
whether it includes personal information, but it is the responsibility
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of attorneys and the parties to redact personal identifiers.
C. REDACTION
1. Documents filed with the court must not include (or must
partially redact where inclusion is necessary) the personal data
identifiers, whether filed electronically or manually, including
exhibits and other attachments, unless otherwise ordered by the
court.
2. Filers should use extra care to make sure documents are fully and
completely free of information that should be redacted, including
hidden data. Documents that are incorrectly redacted may still
contain personal data identifiers or other information. Although
documents may appear to be redacted, hidden data may still
contain unredacted personal data identifiers.
3. The court does not endorse any specific method for “sanitizing” a
document. Several consulting and software resources specialize in
redaction of data.
4. The following issues should be considered when redacting
information from electronically filed documents:
a. changing the font to white does not make the words
disappear;
b. 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. Metadata can reveal
anything that was contained in the document file at any
time, even text that 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;
c. Adobe Acrobat (the full version) has some graphic and
“commenting” tools that blackout, cover over, or remove
sections of text. The edits these tools make can be removed
at another time by a party to reveal the text underneath; and
d. using markers, semitranslucent tape, or paper to cover areas
of a document to be scanned sometimes still show enough
information for someone to see what was assumed hidden,
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especially if that same data repeats several times throughout
a document.
D. SIGNATURES.
1. The process of logging into CM/ECF or PACER, combined with a
signature (as identified below) on the document, represents a
valid electronic signature.
2. Approved Signatures. A typed signature using a “/s/” before an
attorney or party’s name, or an electronic image of the attorney's
or party’s signature qualifies as a signed document for purposes
of Fed. R. Civ. P. 11. Signature example:
a. Typed signature:
/s/ John Smith
b. Electronic image of handwritten signature:
3. Signing on Behalf of Others. When a document requires the
signature of someone different from the person who is filing the
document, the following apply:
a. the person filing the document must obtain approval and
authorization to electronically sign the document on
behalf of the other person. The approval must be
indicated on the filed document. Signature examples:
i. /s/ Jane Adams
(Signed by John Smith with permission of Jane Adams)
Electronic Signature or /s/ Filing Attorney
ii. /s/ Other Attorney
(Signed copy of document bearing signature of
Other Attorney is being maintained in the office of
the Filing Attorney)
Electronic Signature or /s/ Filing Attorney
iii. /s/ Party Smith*
(* I certify that I have the signed original of this
document, which is available for inspection during
normal business hours by the court or a party to
this action.)
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Electronic Signature or /s/Filing Attorney
b. the person who obtained the approval must maintain a
record of when and how permission was obtain until the
time to appeal has expired or all appeals have been
exhausted.
c. false representation of permission to sign on behalf of
another person a document that is filed with the court may
be sanctioned under Fed. R. Civ. P. 11.
d. Judges and Court Officials. Signing a document with a "/s/
name" or electronic image of the handwritten signature—
when filed with the login and password of a judge or court
official—constitutes an original signature for all purposes.
A court order may be entered as a docket text order
without any accompanying signature or separate signed
document.
e. Disputes. Any person other than a judge who disputes the
authenticity of any signature must file an objection to the
pleading or other paper within 10 days of the filing of that
document.
f. Invalid Signatures. PDFs containing a digital signature
certificate cannot be uploaded to CMECF.
E. FILING BRIEFS IN SOCIAL SECURITY APPEALS CASES
1. Plaintiff’s Opening Brief. In CM/ECF, an Opening Brief must be
filed using the event “Motions for Review of Social Security
Agency Action.” Do not use the CM/ECF event “Briefs.” If the
wrong event is selected, the incorrectly filed document will be
stricken and a Notice of Deficiency will be docketed.
2. Commissioner’s Response Brief. The Response Brief must be filed
using the CM/ECF event “Commissioner’s Brief” and linked to the
“Motion for Review of Social Security Agency Action.” If the
wrong event is selected, the incorrectly filed document will be
stricken and a Notice of Deficiency will be docketed.
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3. Plaintiff’s Reply Brief. The Reply must be filed using the CM/ECF
event “Reply Memorandum/Reply to Response to motion” and
linked to the “Motion for Review of Agency Action.” If the wrong
event is selected, the incorrectly filed document will be stricken
and a Notice of Deficiency will be docketed.
III. PAYMENT AND FILING GUIDANCE
This section does not address all scenarios associated with filing documents in
CM/ECF. It is intended to clarify commonly misunderstood efiling procedures.
Visit the court’s website at https://www.utd.uscourts.gov/cmecf-electronic-case-
filing for reference materials and other instructions for filing various types of
documents.
A. PAYMENT OF FEES
1. Attorneys registered to efile may pay the fees associated with
initiating a case, applications for admission Pro Hac Vice,
notices of appeal, and annual attorney registration, etc.,
online by filing the appropriate event in CM/ECF. CM/ECF will
temporarily redirect the filer to Pay.gov to complete the
payment and then redirect back to CM/ECF to complete the
filing. The case or event will not be filed if the remaining steps
are not completed in CM/ECF.
2. Creating an account with Pay.gov is not required to complete a
filing or to make a fee payment.
3. Some court fees—e.g., filing fee, appeal fee, Pro Hac Vice
admission fees—may be prepaid to the Clerk’s Office by check,
money order, or debit/credit card. When prepaying fees, the
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clerk will give the filer a receipt number that must be entered
into CM/ECF to bypass making an online payment using
Pay.gov and to complete electronically filing the document.
4. Court fees paid online are processed, as follows:
a. When efiling a document, the attorney will be
temporarily directed from CM/ECF to Pay.gov to
complete the payment.
b. After the payment information is received and
processed or the payment system is bypassed
because the payment was prepaid, Pay.gov will
redirect the attorney back to CM/ECF to finish filing
the document.
c. After the payment has been made the filing in
CM/ECF must be completed all the way to conclusion
and the generation of a Notice of Electronic Filing
(NEF). If the filing is stopped after the payment is
made but before a NEF is generated, the payment will
still be processed but the document will not show as
filed.
NOTE: If this happens, please electronically refile the
document again and when prompted use the receipt
number generated to avoid duplicate payments.
d. Contact the Clerk’s Office if you have any question
about payment or filing being accepted.
B. EFILING NEW CASES AND PAYING ONLINE
1. Detailed instructions for filing and paying the filing fee for new
civil and miscellaneous cases are available on the court’s
website at https://www.utd.uscourts.gov/cmecf-electronic-
case-filing.
2. Unrepresented Parties
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a. An unrepresented party may email the initiating
documents in PDF format to the Clerk’s Office at
[email protected] and pay the filing fee in
person or over the telephone.
b. New cases will be processed until 4:00 pm Monday-Friday
each day the court is open. New cases received outside
those times will be processed the next business day. The
filing date is the date the document is filed with the Clerk’s
Office.
3. Registered Attorneys
a. Per Local Rule DUCivR 3-1, a registered efiling attorney
must create and file new cases without the aid of the
Clerk’s Office.
b. New cases opened by attorneys may be filed prior to 11:59
p.m. to preserve the filing date..
4. Filing Fee
a. The filing fee should be paid at the time of filing the
complaint or initiating document.
b. Attorneys will pay the filing fee through CM/ECF. When
filing the complaint or appropriate event, CM/ECF will
temporarily redirect the filer to Pay.gov to complete the
payment.
c. The Clerk will close the case if the fee is not paid within 7
days. See DUCivR 3-1(c).
C. ATTACHING EXHIBITS TO A DOCUMENT
1. Like any document filed in CM/ECF, exhibits efiled or emailed
for filing must be in PDF format.
2. The readability of PDF exhibits must be verified by the
attorney or unrepresented party before filing them.
3. Exhibits must be added as separate attachments, with clear
descriptions, to the main document in CM/ECF. (See the
example on the next page.) The use of PDF bookmarks is
strongly encouraged.
4. Exhibits electronically filed in CM/ECF must be filed as follows:
a. Identifying Exhibits. Create an index for the exhibits.
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Each exhibit must have a descriptive title and an
exhibit number. Then attach the index to the motion,
response, or reply.
b. File Size. Any single exhibit larger than 50 MBs must be
divided into parts or sections smaller than 50 MBs and be
clearly labeled.
c. Unable to Attach. If the exhibit cannot be filed
electronically in CM/ECF, the attorney must—
i. electronically file a Notice of Nonelectronic Filing,
linking the notice to the docket entry the exhibit
relates to; and
ii. manually file with the Clerk’s Office two copies of
the Notice of Nonelectronic Filing each attaching a
digital storage device containing a clearly labeled,
broken down PDF version of the exhibit. One copy
shall be clearly marked “Judge’s Copy.”
D. FILING DOCUMENTS UNDER SEAL
1. Local Rules.
Local Rule DUCivR 5-3 and DUCrimR 49-2 govern electronically
filing sealed documents in civil and criminal cases.
2. Sealed Documents in Unsealed Civil Cases.
a. Filers must seek leave to file documents under seal if
not sealed per statute or local rule. To do so, the filer
must file:
i. a REDACTED document, choosing the
appropriate CM/ECF event;
ii. a Motion for Leave to File under Seal; and
iii. an UNREDACTED copy of the document as a
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Sealed Document, linking it to the Redacted
original. Below is an example of how the
docket should read when this process is
completed.
b. Documents filed under seal per statute or local rule and
without motion must so indicate in the document
caption.
c. The redacted original will be considered the operative
document in terms of briefing and calculating deadlines.
d. E-Filing Procedure.
i. File the REDACTED document.
A. Select the CIVIL link on the menu toolbar at the
top of the CM/ECF screen.
B. Choose the appropriate
document event (e.g., motion,
memorandum, exhibit, affidavit,
etc.) and follow the prompts to
file the document.
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Add “REDACTED” to the final
docket text from the dropdown
menu and click next on this
screen and the next to complete
the filing.
ii. File the Motion for Leave to File Under Seal.
A. Select the CIVIL link on the menu toolbar at the
top of the CM/ECF screen.
B. Select MOTIONS and choose Leave
to File Sealed Document.
NOTE: choose the Leave to File Sealed
Document – SEALED event only if the
motion for leave must also be filed under
seal. Leave of court and a redacted copy
are not necessary to file this sealed motion
for leave.
C. Link the motion for leave to the REDACTED
document and complete the filing.
iii. File the Unreacted Document Under Seal.
A. The unredacted version of the proposed sealed
document must have the privileged or
protectable information highlighted.
B. Select the CIVIL link on the menu toolbar at the
top of the CM/ECF screen.
C. Select Other Documents and then choose the
Sealed Document (Atty) event.
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NOTE: DO NOT use the Sealed Motion event here
even if your proposed sealed document is a motion.
D. Link the proposed sealed document to the
REDACTED original.
E. Follow the prompts to complete the filing.
F. After the proposed sealed document is filed,
it will only be viewable by the court and
unavailable to the parties and the public.
Note: The filing party must serve a copy of
the sealed, unredacted document on the
opposing party.
3. Restricted and Sealed Documents in Criminal Cases.
a. Authorization to file Restricted or Sealed Documents
i. General Order 24-004 authorized a pilot program allowing
parties to file with limited or no access to docket entries
and/or documents by filers. The pilot program established
three levels of access restriction in addition to Sealed. The
levels are outlined in the General Order.
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ii. Document events with presumptive restrictions are noted
on the Presumptive Restriction Level available on the
court’s website. This list will continue to be revised during
the pilot period.
b. Access and Service
i. Restricted documents will generate a NEF will be
accessible only to the court and to the parties
corresponding to the predetermined restriction
levels.
ii. Sealed documents, including motions will not
appear on the public docket, and a NEF will not be
sent.
iii. If the criminal case is sealed, electronic filing is
unavailable and only court staff can access and file
documents in the case.
iv. Documents to be filed in sealed cases must be
emailed to or filed manually with the Clerk’s Office.
v. The attorney is responsible for serving copies of
sealed documents on other parties.
c. Restricted Ex Parte Motions Filed
i. The following ex parte motions may be efiled in
CM/ECF in unsealed cases using the Ex Parte
Defense Authorization (Restricted) motion event:
A. motions for issuance of subpoenas;
B. motions for subpoenas duces tecum;
C. motions for appointment of co-counsel; and
D. motions for orders permitting medical or
psychological contact/visits.
ii. Instructions for filing restricted motions are found
on the court’s Electronic Case Filing Information
page.
d. Procedure for Filing Restricted Documents.
i. Most events with presumptive restricted access
levels are preprogrammed to add the appropriate
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restriction level as the entry is filed.
ii. Instructions for filing restricted documents are
found on the court’s Electronic Case Filing
Information page.
e. Procedure for Filing Sealed Motions.
i. Select the CRIMINAL link on the menu toolbar at the
top of the CM/ECF screen.
ii. Under Motions and Related Filings, select Motions.
iii. Enter the case number and answer the prompts until
you reach the event selection menu.
iv. Select Sealed Motion
v. Read the Notifications that follow.
vi. Attach the PDF copy of the motion.
vii. Review the final docket text and add a modifier from
the dropdown menu, if needed.
NOTE: The docket text relating to sealed documents in
criminal cases does not have descriptive text in the Docket
Text. The text will state only the name of the event, such as
“Sealed Motion,” the name of the filing party, and the
defendant the filing applies to.
NOTE: The docket text reminds the filer that they are
responsible for serving sealed documents on other parties, as
no NEF will be sent for sealed documents. Even though a NEF
will appear upon completion of the motion this notice will not
be sent to any party on the case, including the filer.
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f. Procedure for Filing Sealed Documents.
viii. Select CRIMINAL on the blue toolbar.
ix. Select Other Documents under the Other
Filings category.
x. Select Sealed Entry-Document (atty) from
the drop-down menu.
iv. Enter the case number. Select the appropriate
defendant, if necessary.
v. Follow the prompts and instructions by clicking
Next at each screen.
vi. Verify that a mailing certificate will be needed
and click Next.
vii. Add the PDF(s) of the Main Document, and any
attachments.
viii. Select the party filing the Document.
ix. Link the entry to any related entries.
x. Click Next to complete the filing.
xi. A NEF will not be sent. The filer is responsible for
forwarding a copy of the filing to the appropriate
parties.
E. NONELECTRONIC FILING
1. Manual Delivery to Clerk’s Office.
a. As much as possible documents must be efiled or emailed.
b. Documents that cannot be efiled or emailed to the Clerk’s
Office—e.g., documents with large file sizes that cannot
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be separated into smaller files, non-PDF file types (e.g.,
audio or video files, spreadsheets), etc.—must be
delivered to the Clerk’s Office for filing.
c. Unrepresented parties not authorized to file by email
must mail or hand-deliver documents to the Clerk’s Office
for filing.
d. Documents filed in sealed cases must be emailed or
delivered to the Clerk’s Office.
e. Exhibits to a document may be filed manually, if the
exhibits are photographs or other material that cannot be
easily viewed or filed in PDF format.
f. Documents filed manually must be in paper or saved on a
digital storage device (e.g.: flash/thumb drive, or device
with a USB or USB-C connection).
i. Documents or files saved on a digital storage device
must be clearly labeled and organized to facilitate
easy access.
ii. Multiple copies of a filed storage device should be
delivered to the Clerk’s Office – one for filing and
one for each judge assigned to the case.
g. Paper documents presented to the court for
nonelectronic filing will be scanned and docketed by the
Clerk’s Office staff. The scanned PDF image will become
the official court record. The paper originals will be
destroyed 30 days after quality control review by the
Clerk’s Office.
2. Procedure for Nonelectronic Filing.
a. Unrepresented Parties.
Unrepresented parties may manually file two copies of
documents or files that cannot be emailed by:
i. mailing or delivering originals or copies in paper to:
United States District Court
District of Utah
Orrin G. Hatch Courthouse
351 S. West Temple St., Room 1.100
Salt Lake City, UT 84101
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ii. mailing or delivering the document saved on a digital
storage device along with a copy of the front page of
the filed document.
b. Attorneys.
An attorney may manually file documents by:
i. Electronically filing a Notice of Nonelectronic Filing
prior to delivery of the document to the Clerk’s
Office.
ii. Save the document on a digital storage device.
iii. Deliver two copies of the Notice of Nonelectronic
Filing and two copies of the digital storage device
to the Clerk’s Office at the address above.
F. ADDING OR TERMINATING PARTIES IN CM/ECF
1. CM/ECF currently allows attorneys to add new parties to a case
when filing many types of documents. However, when filing
anything other than an amended complaint or third-party
complaint, such as a motion to intervene or motion to file amicus
brief, the attorney must:
a. contact the docketing clerk for the assigned judge and
request the addition of new or termination of parties prior to
filing the document adding or removing the party; or
b. email a request and a PDF version of the proposed filing
adding or terminating the parties to the Clerk’s Office at
[email protected].
2. The Clerk's Office, upon the review of appropriately filed
documents, will also terminate parties no longer involved in a
case. Counsel is reminded to review their case dockets
periodically to verify that the parties on a case docket appear
correctly.
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IV. SERVICE AND COURTESY COPIES
A. SERVICE
1. Email Notices.
a. After a document is filed in a case, CM/ECF generates a
NEF and sends it by email to the email addresses
identified for each party. The NEF includes a copy of the
docket entry as well as a link to the filed document,
which is viewable through PACER. Each user will have
one free look at the document in PACER. A fee will be
charged to review the document after the free look. The
NEF:
i. serves as verification of the court's receipt of the
electronically filed pleading; and
ii. constitutes official notice to all other parties in a
case who are authorized to use CM/ECF.
b. All parties and counsel registered to efile or file and
receive notice by email will receive a NEF whenever
documents or notices are entered on a case.
c. Attorneys and unrepresented parties who file by email may
designate up to 3 email addresses to which NEFs may be
sent.
d. Attorneys whose clients have been terminated from the
case will continue to receive NEFs. An attorney who does
not wish to receive a NEF of case activity, including the
final judgment, after their party is no longer active in the
case must file a Notice of Removing Counsel from
Service List.
e. Attorneys must comply with the requirements of
DUCivR 83-1.4 to withdraw from a case. An attorney
who has withdrawn from a case under the local rule
will no longer receive a NEF in that case.
2. Initial Service.
a. Attorney. After efiling a complaint, a registered filer may
email PDF summonses to the Clerk’s Office in PDF. The
summons and complaint must be served on the
defendant(s) as provided in Federal Rule of Civil Procedure
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4. The returned summons may be either imaged and
electronically filed by the party who served the summons,
or filed manually.
b. Unrepresented Party. A party may email a summons for
each defendant to the Clerk’s Office email address,
[email protected]. The clerk will sign each
summons and file them in the case. The email filer will
receive a NEF when the summons are entered in the case.
The issuing clerk will email the completed summons to the
email filer. Copies of the summons may also be retrieved
through the document link on the NEF. Summons may
also be mailed or delivered to the Clerk’s Office in Salt
Lake City to be signed.
3. Subsequent Filings.
a. Service. Documents filed after the initial service of the
complaint and summons must be served upon
opposing counsel and/or parties according to Federal
Rule of Civil Procedure 5.
b. NEFs. If a document is electronically filed, CM/ECF will
generate a NEF. This notice will be sent by email to
any attorney or party registered to receive notices by
email. The notice will contain the case information
and a link to the filed document. This link will be good
for one free look at the document in PACER. Any
subsequent attempts to view using the link will incur a
charge by PACER. This electronic notice and PACER
link to the document will constitute service of the
document.
a. Non-NEF Service. If a party or attorney is not registered
to receive email notices through CM/ECF, the filing
party must serve a copy of that document by mail or an
agreed upon alternative method, e.g., email, file
sharing site, etc.
NOTE: To determine whether another party or attorney
will be emailed a NEF, a user can select the "Utilities"
menu in CM/ECF and select Mailings and then Mailing
Info for a Case.
d. Sealed Documents. The filing party will be responsible
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for serving sealed documents on opposing counsel or
parties. A NEF may be generated when the document
is efiled, but the document will not be available
through the NEF document link.
4. Certificates of Service.
a. Not Required. A certificate of service is not required
when all parties to a case are registered to receive
email notices of filings. In that instance, the NEF serves
as the proof of service.
b. Required. A certificate of service is required if service
of a document is made by means other than through a
NEF generated by CM/ECF. The certificate must state
the way service or notice will be accomplished and
must be filed as an attachment to the document.
B. COURTESY COPIES
1. Parties are not required to provide courtesy copies to the court
unless specified in the judge preferences on the court’s website.
A courtesy copy must be clearly labeled with the words
“COURTESY COPY” on the caption page.
2. Courtesy copies may be mailed directly to chambers or dropped
off at the Clerk’s Office.
3. If an individual chambers requires courtesy copies of
voluminous documents with numerous exhibits—e.g.,
administrative records—the documents must be tabbed and
bound in a three-ring binder or provided on a digital storage
device as well or in place of a paper copy.
4. Courtesy copies of both the document and the digital storage
device, if needed and prepared in the manner described above,
must be delivered at the same time as the original filing.
5. An individual chambers may also notify counsel that an
electronic version of any sealed document must be delivered to
chambers via email or other secured electronic method .
C. DELIVERY OF PROPOSED DOCUMENTS
1. Proposed orders, judgments, voir dire questions, jury instructions,
and findings of fact and conclusions of law:
a. must be saved as both Microsoft Word and PDF formatted
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documents;
b. the PDF version must be filed electronically as an
attachment to the motion or, for other documents, as
ordered by the court;
c. the Microsoft Word version must be emailed to the
assigned judge’s chambers (a list of chambers email
addresses is available on the Court’s website) after the
CM/ECF filing; and
d. a copy must be provided to all other parties.
2. Proposed orders or other documents must be clearly identified
in the subject line of the sender's email as follows:
a. proposed order in (case title) and (case number);
b. plaintiff/defendant's Proposed Jury Instructions in (case
title) and (case number);
c. plaintiff/defendant's Proposed Findings of Fact and
Conclusions of Law in (case title) and (case number); or
d. proposed Judgment in (case title) and (case number).
3. If the case has been referred to a magistrate judge under 28 U.S.C.
§ 636(b)(1)(A):
a. proposed orders corresponding to non-dispositive
civil motions (e.g., motions to compel, motions to
modify scheduling orders, etc.) must be sent to the
assigned magistrate judge, and
b. proposed orders corresponding to dispositive
motions (e.g., motions to dismiss, motions for
summary judgment, motions to remand, etc.) and
motions relating to dispositive motions or trial (e.g.,
to extend briefing deadlines, continue trial, motions
in limine) must be sent to the assigned district judge.
4. If the case has been referred to a magistrate judge under 28 U.S.C.
§ 636(b)(1)(B):
a. all proposed orders, except orders related to objections to
an order of the magistrate judge, must be sent to the
assigned magistrate judge; and
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b. proposed orders relating to objections to an order of the
magistrate judge must be sent to the assigned district judge.
5. If in doubt as to whether to email the proposed order to the
assigned magistrate judge or to the assigned district judge, do
not send it to both judges. Rather, the proposed order must be
emailed (with an explanation that the sender is unsure which
judge should receive the proposed order) to the magistrate
judge who will, if appropriate, forward the proposed order to
the assigned district judge.
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V. PROBLEMS IN FILING
A. ELECTRONIC FILING ERRORS
1. Clerk Corrections. After a document has been electronically filed
and becomes part of the electronic case file, corrections to the
docket text can only be made by the Clerk's Office.
a. Notification. If a filer notices an error in the docketing of
an entry, they should contact the Clerk’s Office and ask
to speak to the specific judge’s docketing clerk. The
phone numbers for each docketing clerk is available
under the judge’s information on the court’s website at
https://www.utd.uscourts.gov/contact.
b. Deficiency. If the Clerk’s Office notes a deficiency in a
document efiled by an attorney (e.g., filing using the
wrong event, an incorrect number of pages, or an
electronic copy which cannot be clearly viewed), a
Notice of Deficiency will be entered in the case with
instructions for the attorney to refile the document. The
refiled document will receive a new document number.
If corrections to the entry are made by the Clerk’s Office,
a Modification of Docket will be entered explaining the
correction. A Notice of Possible Error may also be
entered by the Clerk’s Office if it appears an error may
be present or does not merit a refiling or correction. This
may be done for instructional purposes more than to
correct an error.
2. Inconsistent Text/Caption. If the text of the docket entry and
the electronic copy of an order are inconsistent, the electronic
copy of the order serves as the official court action.
3. Exhibit Omission. If the filing attorney fails to attach an exhibit
to a filing, the attorney may file the omitted attachment by
clicking the Other Documents link under Other Filings and using
the Exhibits event. The exhibit must be linked to the entry
where it was omitted.
4. Wrong Case. If an electronic document has been filed in the
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wrong case, the party who filed the document must notify the
Clerk’s Office and refile the document in the correct case. The
Clerk's Office will adjust the entry as needed to clarify the error.
An explanatory note may be placed on the docket in the incorrect
case.
5. Wrong Event. If the document was filed using the wrong
event, direct the attorney to refile the document in a Notice
of Deficiency. The docket clerk may alternatively modify the
event type, if it is a motion, and/or the docket text to clarify
the filing, followed by a Modification of Docket.
6. Impermissible Filing. If a document filed by the attorney is not
allowed to be filed by the Federal Rules of Civil or Criminal
Procedure or local rules, (e.g., disclosures, offer of judgment, an
amended complaint requiring leave of the court to be filed), the
Clerk's Office will inform the assigned judge's chambers of the
problem. The problem may be addressed by a docket text order
or by striking the filing.
7. Unsigned Document. If the error is a failure to sign the
document with an approved signature, the Clerk's Office will
notify the filer. The document and its link to the docket entry,
however, will not be changed. The party may refile the
document or file an Errata to correct the issue if correction is
required.
8. Unintentional Unsealed Filing. If a document is inadvertently filed
on the public docket and the filer wishes to have it sealed, the
filer must comply with the requirements of DUCivR 5-3 and
obtain a court order to seal the document. In the interim, the
filer may contact the docket clerk and request the document be
sealed pending the filing and resolution of the motion to seal.
The docket clerk will seek approval to seal from the assigned
judge’s chambers and then seal it, if appropriate.
B. TECHNICAL PROBLEMS - DOWNTIME
1. A party whose filing is untimely because of a technical failure
of CM/ECF may seek appropriate relief from the court.
2. The court will consider CM/ECF to be subject to a technical
failure if the site is unable to accept filings for more than one
hour after 12:00 noon on any given day. Scheduled system
outages will be posted on the court's web site. The clerk will
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maintain a log of all periods of technical failure.
3. If there is a technical failure on the attorney's system (e.g.,
data communication problems, Internet Service Provider (ISP)
problems, or other hardware and software problems), the
document must be filed manually or by email to the Clerk’s
Office. If sending by email, the email must include a statement
explaining why it was not efiled. Once the attorney can
electronically file again, a Notice of Nonelectronic Filing must
be filed stating why the document was not efiled.
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