UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
ADMINISTRATIVE PROCEDURES FOR
ELECTRONIC CASE FILING
(CM/ECF Version 6.1)
April 2018
TABLE OF CONTENTS
I. Introduction ............................................................................ 1
II. Definitions .............................................................................. 1
III. Scope of Electronic Filing ...................................................... 3
IV. Exceptions to Mandatory Electronic Filing ............................. 4
V. Registration and Passwords .................................................. 4
VI. PACER and CM/ECF Accounts ............................................. 6
VII. Electronic Filing of Documents .............................................. 7
VIII. Document Requirements and Formatting .............................. 8
IX. Commencement of a Civil Action......................................... 11
X. Service of Process ............................................................... 13
XI. Pro Se Cases....................................................................... 14
XII. Social Security Cases .......................................................... 14
XIII. Bankruptcy Cases................................................................ 15
XIV. Motions Practice .................................................................. 16
XV. Hyperlinks ............................................................................ 17
XVI. Proposed and/or Amended Documents............................... 17
XVII. Sealed Documents, Sealed Cases, Documents
Presented for In Camera Review, and Documents Filed with
the Court .............................................................................. 17
XVIII. Orders ............................................................................. 20
XIX. Correcting Docket Entries .................................................... 21
XX. Technical Failures................................................................ 22
APPENDIX I ................................................................................ 23
APPENDIX II ............................................................................... 27
I. Introduction
The United States District Court for the Northern District of West Virginia uses the
CM/ECF case management system for accepting most court documents for filing, for
entering orders from the Court, and for otherwise managing the Court’s case docket.
As of July 5, 2005, this Court required mandatory attorney filings in CM/ECF.
These electronic case filing policies and procedures are issued pursuant to Local Rules
5.01(a) and 5.03(b) and apply to all cases subject to electronic filing. To the extent
these procedures conflict with the Court’s Local Rules, the Local Rules take
precedence. The Clerk or any judge of this Court may deviate from these
Administrative Procedures for Electronic Case Filing in specific cases without prior
notice, if appropriate in the exercise of discretion considering the need for the just,
speedy, and inexpensive determination of matters before the Court.
II. Definitions
1. “Case Management/Electronic Filing System” (CM/ECF) refers to the
Court’s automated system that receives documents filed in electronic form.
The program was developed for the Federal Judiciary by the Administrative
Office of the United States Courts. It is also referred to as the “Electronic Case
Filing System” (ECF).
2. “CM/ECF User” is an individual who has a login and password for CM/ECF and
may file cases through the CM/ECF filing system.
3. “Conventional Manner” is the method used to file documents that cannot or
should not be filed electronically via CM/ECF and must be filed by other means
(e.g., filing in paper form, in person or by mail). Conventionally filed documents
are hard copies containing an original, handwritten, wet signature of the filing
attorney or pro se party.
4. “Documents” shall include all pleadings, motions, memoranda, briefs, exhibits,
affidavits, declarations, orders, notices, transcripts of depositions actually used
in support of motions or at trial, transcripts of proceedings required to be filed,
and any other Court filings.
5. “Electronic Filing” means uploading a PDF document directly from the filing
user’s computer using CM/ECF to file the document in the Court’s case file.
SENDING A DOCUMENT OR PLEADING TO THE COURT VIA EMAIL DOES
NOT CONSTITUE “ELECTRONIC FILING”.
WVND Administrative Procedures For Electronic Case Filing Page 1
6. “Electronic Signature” is the CM/ECF login and password used to
electronically file a document and constitutes the CM/ECF user’s electronic
signature for all purposes.
7. “Filer” is an individual who presents documents, either electronically or in
paper, to the Court for filing.
8. “Judge” is a United States District Judge, Bankruptcy Judge or Magistrate
Judge for the Northern District of West Virginia.
9. “Non-CM/ECF User” is an individual who does not use CM/ECF.
10. “Notice of Electronic Filing” (NEF) is a notice automatically generated by the
Electronic Filing System at the time a document is filed with the system, setting
forth the time of filing, the date the document is entered on the docket, the
name of the party and attorney filing the document, the type of document, the
text of the docket entry, the name of the party or attorney receiving notice and
an electronic link (hyperlink) to the filed document.
11. “PACER” (Public Access to Court Electronic Records) is an automated system
that allows an individual to view, print and download court docket information
over the Internet.
12. “PDF” (Portable Document Format) is a document file format that provides an
electronic image of text or text and graphics that looks like a printed document
and can be viewed, printed, and electronically transmitted. Documents created
with an electronic device or computer software application, or a paper
document which has been scanned, must be converted to PDF before filing
electronically with the Court. Converted files contain the extension “pdf”.
13. “Sealed Document” is defined as a document or motion filed pursuant to (1) a
protective order, (2) an order granting leave to file the sealed document or
motion, in conjunction with a motion for leave to file under seal or a previously
filed redacted document, or (3) included within a category of documents
considered sealed under a federal statute or federal rule of procedure, local
rule, or standing order of this Court. The sealed document or motion is not
available electronically or by any other means to the parties, attorneys or
the public.
14. “Technical Failure” is defined as a malfunction of the Court’s hardware,
software, and/or telecommunications facility, which results in the inability of a
CM/ECF User to submit a document electronically. Technical failure does not
include the malfunctioning of a user’s equipment or internet connection.
15. “User” is anyone (including an attorney, the Court and the Clerk of Court) who
is authorized to use the CM/ECF system in the Northern District of West
Virginia.
WVND Administrative Procedures For Electronic Case Filing Page 2
III. Scope of Electronic Filing
A. Subject to the exceptions set forth herein, all documents submitted for filing in
this district in criminal and civil cases shall be filed electronically using the
Case Management Electronic Case Filing system (CM/ECF) or, if filed
conventionally1, will be scanned and uploaded to CM/ECF, unless otherwise
permitted by these Administrative Procedures or otherwise authorized by the
assigned judge or, in the case of a technical failure, the Clerk of Court.
B. The official court record for all cases filed in the United States District Court
for the Northern District of West Virginia after July 5, 2005, will be the
electronic file maintained on the Court’s servers, together with any
conventionally filed attachments and exhibits, filed in accordance with these
procedures.
C. The Court will not maintain a paper court file in any civil or criminal case
commenced after July 5, 2005, except as otherwise provided herein. The
Court will not maintain a paper copy of the original document except as
otherwise provided in these Administrative Procedures, or as otherwise
required by law.
D. Every member of the bar of this Court must request a user login and
password from the Clerk’s Office and is required to submit documents
electronically.
E. Notwithstanding the requirement contained in paragraph III(D) above, an
attorney may, upon showing of good cause, be permitted by the assigned
judge to submit documents conventionally. The assigned judge may
withdraw that permission at any time during the pendency of a case and
require the attorney to submit documents electronically using the Court’s
CM/ECF system.
F. The Clerk’s Office may discard any paper document after it has been
uploaded to the CM/ECF system.
G. All documents filed by electronic means must comply with the technical
standards, if any, established by the Judicial Conference of the United States
or by this Court.
H. The Clerk’s Office or any judge of this Court may deviate from these
procedures in specific cases, without prior notice, if deemed appropriate in
the exercise of discretion, considering the need for the just, speedy and
inexpensive determination of matters pending before the Court.
I. The Court may amend these Administrative Procedures for Electronic Case
Filing at any time without prior notice. Updates to these Administrative
1
As used in these Administrative Procedures, a “conventionally” filed or submitted document or pleading is one
presented to the court or a party in paper or other non‐electronic, tangible format.
WVND Administrative Procedures For Electronic Case Filing Page 3
Procedures will be posted to the Court’s website at www.wvnd.uscourts.gov
IV. Exceptions to Mandatory Electronic Filing
Filers shall file the following documents in paper with the Clerk’s Office which will
scan into CM/ECF as appropriate:
A. The charging document in a criminal case, such as the complaint, indictment,
or an information, as well as the grand jury docket sheet or criminal cover
sheet.
B. Affidavits for search and arrest warrants and related papers.
C. Fed. R. Crim. P. 20 and Fed. R. Crim. P. 40 papers received from another
Court.
V. Registration and Passwords
A. Unless exempted by order of the court,2 each attorney admitted to practice in
the Northern District of West Virginia, including those admitted pro hac vice,3
who is in good standing shall register for one CM/ECF system login
identification and password. The login and password permit the attorney to
participate in the electronic submission and retrieval of pleadings and other
papers filed with the Court. There is no charge for registering and using the
electronic filing system.
B. Each attorney must complete and sign an Attorney ECF Registration Form, a
copy of which is on the Court’s website at http://www.wvnd.uscourts.gov.
C. All signed, original attorney registration forms must be emailed to
[email protected], mailed to the United States District
Court, Office of the Clerk, Attention: CM/ECF Administrator, P.O. Box 2857,
Clarksburg, WV 26302, faxed to 304-623-4551, or delivered to any divisional
Clerk’s Office.
D. All newly admitted members of our bar who provide the CM/ECF registration
form to the Clerk’s Office are automatically issued local CM/ECF credentials
following their admission.
E. The Clerk’s Office will e-mail login identification and password information to
the attorney.
2
If filing electronically would create an undue hardship for an attorney, he/she may move for permission to file
documents conventionally. The motion must be in writing and must contain a detailed explanation of the
reason(s) for the request.
3
Pro Hac Vice attorneys will have read‐only access to CM/ECF. The local attorney must file all documents pursuant
to LR Gen P 83.02 (Appendix 1 to these Administrative Procedures for Electronic Case Filing).
WVND Administrative Procedures For Electronic Case Filing Page 4
F. Unrepresented incarcerated parties will not be permitted to submit documents
or pleadings electronically.
G. Once the registration is complete, a filing party may not withdraw from
participation in the CM/ECF system except by order of the Court.
H. If a CM/ECF user believes that the security of an existing password has been
compromised and that a threat to the CM/ECF system exists, the user must
notify the Clerk’s Office and change his or her password immediately. In
addition, a CM/ECF user may change his/her password as he/she deems
appropriate.
I. A CM/ECF user whose e-mail address, mailing address, telephone or fax
number has changed from that of the original registration form must
immediately file a notice of a change of address with the Clerk’s Office and
serve a copy of the notice on all parties in pending litigation with the CM/ECF
user.
J. No attorney will knowingly permit or cause to permit his or her login
identification and password to be utilized by anyone other than an authorized
employee of his or her office.
K. Each registered attorney is responsible for all filings submitted with his or her
login identification and password.
L. The login and password of an attorney constitutes his/her signature on the
document being filed. The login and password of the filing attorney must
match the attorney whose signature block appears on the document filed.
M. Registration constitutes the CM/ECF user’s consent to service of all
documents by electronic means as provided by these procedures in
accordance with Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49(e).
N. CM/ECF credentials will not be issued to paralegals, secretaries, or other
paraprofessionals.
O. Government Attorneys will be issued logins/passwords when requested and
pursuant to LR Gen P 83.01. Upon transfer to different government agencies,
Users must notify the Attorney Admissions Clerk, Debbie Kinsey, by calling
304-623-7155, or by email at
[email protected] and
update their U.S. mail and email addresses in order for their login/passwords
to remain valid. Users who leave government agencies and do not transfer to
other government agencies must notify the Attorney Admissions Clerk so that
their login/passwords may be deactivated.
P. Government agencies must also notify the Attorney Admissions Clerk when a
CM/ECF user leaves their agency. A notice of substitution of counsel must
be filed in order for the government agency to receive future CM/ECF notices
WVND Administrative Procedures For Electronic Case Filing Page 5
regarding case activity associated with a CM/ECF user who is no longer with
their agency.
VI. PACER and CM/ECF Accounts
A. Public Access to Court Electronic Records (PACER)
PACER is a fee for use service offered by the Administrative Office of the
United States Courts. It offers electronic access to records of most federal
District, Appellate, and Bankruptcy Courts. The types of records available
electronically will vary from court to court. In almost all jurisdictions docket
sheets may be accessed. Most documents electronically filed in civil
cases may be viewed over the Internet using PACER.
When a PACER user accesses a docket sheet or other document over the
Internet using PACER, there is a fee per page. This fee applies
regardless of whether the user simply views the document or downloads
and saves it. There is a maximum charge per document.
When a PACER user accesses a document for the first time via the Notice
of Electronic Filing (NEF), the user will not incur any fee for accessing the
newly filed document, but will incur a fee when accessing any hyperlinked
document(s) from within the original document. When a PACER user
accesses a document after the first look, or accesses it from a docket
sheet, the user will be charged for the original document and any
documents displayed when using the hyperlink. If the documents filed in
the same transaction contain hyperlinks to each other, the free look will be
available from the document number hyperlink displayed on the NEF
document submenu, not from the hyperlinks in the documents themselves.
If a PACER user does not have his/her PACER login already linked to the
user’s CM/ECF login, the user will be prompted for the PACER login for
the first document the user tries to view. For more information on how to
register for a PACER account go to www.pacer.gov.
B. CM/ECF Accounts and PACER Accounts are Different
A CM/ECF account allows the user to file documents electronically and
provides an email notification of docket activity in any cases where the
user is counsel of record or has signed up for electronic notification. It
does not allow the user to view docket sheets or court documents except
through the one-time link in the email notification. Only attorneys may
have CM/ECF accounts.
A PACER account allows the user to view docket sheets and documents
which have been filed electronically. A PACER user cannot file any
documents using a PACER account. Anyone can sign up for a PACER
account.
WVND Administrative Procedures For Electronic Case Filing Page 6
When a user goes to this Court’s electronic filing site, the user will enter
either his/her CM/ECF login and password or his/her PACER login and
password. Because the accounts allow the user to do different things, the
options on the main menu bar are different. If the user is logged in with
his/her CM/ECF login and password and clicks an option that requires a
PACER account such as viewing a docket sheet, the system will prompt
the user to enter his/her PACER login and password.
Some documents have added security which allows them to be viewed
only by case participants. In this situation, when the NEF is received the
recipient must login using the CM/ECF password then the PACER login to
view the document. This is a security feature so that PACER recognizes
the user as a case participant.
VII. Electronic Filing of Documents
A. General Procedures
1. The electronic filing of a document in CM/ECF, together with the
transmission of a Notice of Electronic Filing (NEF) from CM/ECF,
constitutes filing of the document for all purposes of the Federal Rules of
Civil Procedure, the Federal Rules of Criminal Procedure and the Local
Rules of this Court, and constitutes entry of the document on the docket
kept by the Clerk of Court under Rules 58 and 70 of the Federal Rules of
Civil Procedure and Rules 49 and 55 of the Federal Rules of Criminal
Procedure. E-mailing or faxing a document to the Clerk’s Office or the
assigned judge does not constitute “filing”of the document.
2. Unless otherwise ordered, a document shall be timely filed if it is
electronically filed by midnight, E.S.T., as indicated on the NEF.
3. The date and time shown on the NEF shall be the official time and date
of the filing.
4. In civil and criminal cases, all motions, applications, briefs, memoranda
of law, deposition transcripts, transcripts of proceedings, or other
documents in a criminal case which constitute the case file must be filed
electronically in CM/ECF except as otherwise provided by these
Administrative Procedures.
WVND Administrative Procedures For Electronic Case Filing Page 7
VIII. Document Requirements and Formatting
A PDF document allows anyone to open a converted document across a broad
range of hardware and software, with layout, format, links, and images intact.
PDF is the only document format acceptable for electronic filing in CM/ECF.
A. Converting a Document to PDF
Before filing in CM/ECF, a user must convert the document(s) to PDF format.
The system will neither accept documents in WordPerfect nor Word format,
and the system will not automatically convert such documents to PDF.
1. Converting a Word Document
a) To convert to PDF format within Word 2016/Word 365:
i.) Click on File in the toolbar and select Save As.
ii.) The user should navigate to where he/she would like to save the
document.
iii.) From the upper right portion of the screen, enter the name of the
file.
iv.) Using the drop-down list under the file name, select PDF (*.pdf)
Click the Save button to the right.
b) To convert to PDF format within Word 2007 through Word 2013:
i.) Click the Office button (the round button in the upper, left corner
of the screen)
ii.) Select Save As.
iii.) Select Adobe PDF.
iv.) The Save Adobe PDF File As window opens. Type the name of
the file and click Save.
2. Converting a WordPerfect Document
a) Click FILE on the toolbar.
b) Select Publish to and then PDF or select Publish to PDF (the selection
depends on the version of WordPerfect the user is using).
c) The user then saves the PDF document on his/her computer.
WVND Administrative Procedures For Electronic Case Filing Page 8
B. Document Margins
To ensure all information is legible, please allow a one-inch top margin of
white space on all documents, including letterhead.
C. Lengthy Documents
Extremely large documents, especially those that are scanned, may exceed
the ECF system’s per document capacity (35 megabytes4). If the user has a
very large document (usually well over 1005 pages in length), the user must
split the document into separate segments of 35 megabytes or smaller. The
user should title each segment appropriately, e.g., Continuation, pp 100-199,
Continuation, pp 200-end.
D. Scanned Documents
A document that exists only in paper format should be scanned.
1. Scanner Setting:
For scanning documents for CM/ECF filing, set the scanner at 300dpi or
higher.
2. Attachments:
Each document should be a separate PDF. Exhibits should be filed as
attachments to the documents to which they relate.
3. Color documents:
Do not scan text documents in color if color is not essential to the
presentation of the material. However, filers may file documents
scanned in color if color is essential to the document, such as color
photographs or color graphs.
4. Legibility:
The filer is responsible for the legibility of scanned documents.
4
To check the size of a document, hold the mouse pointer over the document’s title in the Adobe file folder. A
small menu box will pop up containing the type and size of the document. An alternative is to open the document
and go to File, Document Properties, and Description. The size is noted under the PDF information.
5
The 100 page limit is flexible. Depending on the contents of the document, type of scanner and software used,
the user may be able to electronically file lengthier documents. Many documents in excess of 100 pages will be
accepted by the ECF system. If the user’s document exceeds 35 megabytes, the system will display an error
message.
WVND Administrative Procedures For Electronic Case Filing Page 9
E. Attachments6 and Exhibits
Filers must submit, in electronic form, all documents referenced as
attachments, unless the Court expressly permits conventional filing. Attach
the documents via the “Attachments to Document” function in CM/ECF.
Users should submit only those excerpts of the referenced documents that
are germane to the matter under consideration, and clearly and prominently
identify excerpted material. A user who files excerpts of documents as
attachments under this section does so without prejudice to his/her right to
timely file additional excerpts or the complete document.
Users should not attach as an exhibit any document already on file with the
Court in that respective case, but shall merely refer to that document by
docket entry number.
PLEASE NOTE: When filing an electronic exhibit such as a DVD, video tape,
thumb drive or other electronic exhibit, please deliver two (2) copies of the
electronic exhibit to the Clerk’s Office, one for the official court file and one for
the judge.
F. Judge’s Working Copy
For documents filed within the page limits set by the Local Rules, no paper
copies are necessary. Upon obtaining permission to exceed the respective
page limit, or upon filing of an attachment which exceeds 20 pages, counsel
shall provide an indexed, tabbed paper copy of the entire document to the
assigned judge and magistrate judge within three (3) days of electronic filing,
but not less than two (2) working days before any hearing on such filing.7 All
working copies are to be printed off from CM/ECF so that the docket entry
number and page numbers appear and should also be clearly labeled
“Judge’s Working Copy” or “Magistrate Judge’s Working Copy” when
provided to the Court.
Counsel must submit both the attachments and the filing they support (i.e., if
the attachment(s) support a motion, please provide the motion as well as the
attachments).
G. Document Retention
The filer shall retain all documents containing original signatures of anyone
other than the filer for a period of not less than sixty (60) days after all dates
for appellate review have expired.
6
“Attachments” shall include attachments, exhibits, supplements, etc.
7
LR Gen P 5.01(b)
WVND Administrative Procedures For Electronic Case Filing Page 10
IX. Commencement of a Civil Action
A. A CM/ECF user may provide a complaint, notice of removal and any other
initiating document by logging into the ECF system, selecting Civil on the
main menu bar, and filing his/her document(s) into the electronic intake
case. (See instructions www.wvnd.uscourts.gov How to Submit a
Complaint/Petition Electronically and How to Submit a NOR Electronically).
B. The date the CM/ECF user completes the transaction entering all the
initiating documents in the ECF system, as displayed on the resulting Notice
of Electronic Filing (NEF), shall constitute the official filing date of the civil
action. CM/ECF users will not associate themselves as counsel in the
electronic intake case. All documents associated with a new case will be
filed as attachments to the filing entry in the case.
CM/ECF users are required to pay the filing fee through Pay.gov during the
filing process or arrange payment of the filing fee with the Clerk’s Office
immediately following filing, except for:
Cases in which the plaintiff seeks to proceed without the prepayment of
fees, thus the initiating documents must include a motion or application to
proceed without prepayment of fees and a proposed order granting the
motion; and
Cases initiated by the United States of America or any of its agencies.
C. Pay.gov Instructions:
Attorneys may pay certain fees online with a credit card or via bank account
debit. The fees that may be paid online are:
Filing fees for a new case
Appeal filing fees
When filing the related document in CM/ECF, a screen labeled System
Message will appear and ask the user to input payment information. This is
the Pay.gov website.
Once the user reaches this site, it is strongly recommended to not click the
Back button on the browser.
Pay.gov allows for payment via credit card. When paying by credit card Visa,
MasterCard, American Express, Diner’s Club or Discover may be used.
D. Temporary Case
Case initiating documents filed through CM/ECF are placed into a temporary
case for review by the Clerk’s Office staff prior to being assigned a permanent
WVND Administrative Procedures For Electronic Case Filing Page 11
case number and judge. A NEF will be sent to the filing CM/ECF users
indicating the permanent case number once the case has been opened by
the Court. CM/ECF users must only file the initiating documents in the
temporary case. Subsequent and/or additional pleadings are to be filed in the
permanent case once the case number is received from the Clerk’s Office via
the NEF.
E. Original Complaint or Petition
When filing an original complaint, the CM/ECF user will select the event
“COMPLAINT - Electronic Intake” from the Civil “Complaints and Other
Initiating Documents” category. Documents to be filed as attachments to the
complaint include the civil cover sheet, the proposed summons form(s) and,
where appropriate, a motion, affidavit and proposed order allowing the plaintiff
to proceed without the prepayment of fees.
F. Notice of Removal
When filing a notice of removal, the CM/ECF user will select the event
“NOTICE OF REMOVAL – Electronic Intake” from the Civil “Complaints and
Other Initiating Documents” category. Documents to be attached to the
notice of removal include the civil cover sheet, and where appropriate, the
state court docket sheet and state court documents. If the removing party
seeks to proceed without prepayment of fees, attachments should also
include a motion, affidavit and proposed order allowing the plaintiff to proceed
without the prepayment of fees.
G. Clerk’s Office Procedure for New Cases
After a CM/ECF user has completed the transaction for opening a new civil
case, the Clerk’s Office will complete the full case opening process, including
assignment of a civil action number, assignment to the judge, and uploading
the case documents correctly into the ECF system. If applicable, the Clerk’s
Office will print and issue the summons for service by counsel, following
receipt and processing of the filing fee.
NOTE: Pursuant to Rule 3 of the Federal Rules of Civil Procedure, the
statute of limitations is not tolled by this procedure UNTIL the
complaint, petition, notice of removal or other case initiating document
is FILED with this Court.
The Clerk of Court may decline to process a filing until receiving the required
filing fee. Failure to timely submit filing fees may result in an Order to Show
Cause requiring appearance before the Chief Judge or other designated
judicial officer.
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X. Service of Process
A. Summons
A summons must be signed and have the Court’s raised seal affixed by
the Clerk’s Office. Pursuant to Fed. R. Civ. P. 4, the plaintiff or the
plaintiff’s attorney must prepare the summons and provide it to the Clerk’s
Office during the electronic filing process or in paper form. The Clerk’s
Office will sign and affix the Court seal to the completed summons and
return it to counsel for the plaintiff for service of process. Unless
otherwise ordered, it is the responsibility of the parties, not the Clerk’s
Office, to serve the summons.
B. Summons Forms
Summons forms can be found at www.wvnd.uscourts.gov/forms
C. All Other Documents
Upon consent of the person served, service of all other documents may be
accomplished electronically. Use of the CM/ECF login and password
constitute consent on the part of the CM/ECF user for electronic service
via ECF.
D. Service of Other Electronically Filed Documents
When a document is filed electronically, CM/ECF sends a NEF to all
electronic filers signed up to receive NEFs for that particular case.
Documents are deemed filed at the time and date stated on the NEF. The
emailing of the NEF directly from CM/ECF is equivalent to service of the
document.
E. Certificate of Service
A certificate of service is required for all filings, even electronic. Filers
shall attach the certificate to the filing and state the manner in which
service was accomplished on each party. A sample certificate of service
is attached as Appendix 2 and is available at
www.wvnd.uscourts.gov/forms.
F. Service Upon Non-CM/ECF Users
Parties not using CM/ECF are entitled to paper copies of all documents.
Accordingly, the filer must provide all non-CM/ECF users with the
document according to the Federal Rules of Civil and Criminal Procedure.
G. Time to Respond Under Electronic Service
WVND Administrative Procedures For Electronic Case Filing Page 13
Pursuant to Fed. R. Civ. P. 6(d) and Fed. R. Crim. P. 45(c), unlike service
by mail, service via electronic means does not provide an additional three
(3) days to the prescribed time to respond.
H. Service of Sealed Filings
Unless otherwise provided for by statute, federal rule or this Court’s Local
Rules including LR Gen. P. 6.01, a filer may file sealed documents in
CM/ECF only upon permission of the Court. The filer must effect service of
sealed documents by any conventional method.
XI. Pro Se Cases
A. Non-prisoner pro se parties may file electronically only upon express
permission of the Court. If, during the course of the action, the pro se
party retains an attorney who appears on the party’s behalf, the Clerk shall
terminate the party’s CM/ECF credentials.
B. Unless authorized to file electronically by the judge assigned as provided
in these Procedures, pro se filers will file paper originals in the
conventional manner.
C. Incarcerated pro se parties are not permitted to file electronically. They
must file in the conventional manner.
D. Electronic filers in pro se cases must conventionally serve copies on all
pro se parties who are not CM/ECF users.
XII. Social Security Cases
A. Electronic Filing
Absent a showing of good cause, litigants shall file and notice all
documents in social security appeal cases electronically.
B. Transcripts of Administrative Proceedings
The United States Attorney shall file social security transcripts
electronically in CM/ECF. The United States Attorney shall provide a
paper copy of the social security transcript to the respective magistrate
judge, who shall provide it to the district judge upon request. The Clerk’s
Office will not make copies of social security transcripts.
C. Internet Access to Social Security Cases
Unless otherwise ordered by the Court, in an action for benefits under the
Social Security Act, access to the electronic file is authorized as follows:
WVND Administrative Procedures For Electronic Case Filing Page 14
1. The parties and their attorneys may have remote electronic access to
any part of the case file, including the administrative record; and
2. Any person may have electronic access whether remotely or at the
public terminal at the courthouse to:
a) The docket maintained by the Court; and
b) An opinion, order, judgment or other disposition of the Court, but
not any other part of the case file or administrative record.
XIII. Bankruptcy Cases
A. Appeals, Motions for Leave to Appeal, and Motions for Withdrawal of
Reference
Notices of Appeal, Motions for Leave to Appeal, and Motions for
Withdrawal of Reference should be filed in the Bankruptcy Court in the
format used by that Court for the particular case involved.
B. Designation of Record
The designation of record should be filed in the Bankruptcy Court in the
format being used by that Court for the particular case involved. The
Bankruptcy Court will transmit all designated items to the District Court
and the parties are not required to submit additional copies unless
requested by the Bankruptcy Court.
Electronic documents in the bankruptcy case will be transmitted
electronically from the Bankruptcy Court to the District Court. If the
Bankruptcy Court case consists of paper documents, the Bankruptcy
Court will convert the paper case documents to electronic format before
transmitting to the District Court. However, transcripts, bound materials,
and exhibits in paper format may be transmitted in paper from Bankruptcy
Court to the District Court.
C. Filings After the Case is Transmitted to District Court
Unless the case is exempt from electronic filing by order of the presiding
judge, any filing made directly to the District Court should be in electronic
format and in accordance with this Court’s Administrative Procedures for
Electronic Case Filing.
Once a District Court case using electronic filing has been opened, any
documents which by federal or local rule are required to be filed in the
Bankruptcy Court and then transmitted to the District Court, are to be filed
WVND Administrative Procedures For Electronic Case Filing Page 15
in both Courts by the parties. The documents must be electronically filed
in the District Court and filed in the Bankruptcy Court in whatever format is
being utilized for the bankruptcy case.
XIV. Motions Practice
A. Submit Motions and Responses Separately:
The user should always file motions and responses as separate docket
entries using two separate events in CM/ECF. For example, never file a
cross-motion for summary judgment with a response to a motion to a
summary judgment. It is critical that the cross-motion be filed separately
so that it will appear on the Court’s Pending Motions Report and can be
properly linked to any subsequent responses, replies, notices and orders.
B. Multiple Motions:
1. Best Practice:
The best practice to follow when filing multiple motions is to file each
motion as a separate document. It is also best to file the memorandum
in support as an attachment, instead of with the motion and
memorandum as one document.
2. Alternate Practice:
If the user must file a single document containing more than one
motion, he/she must choose multiple reliefs on the motions menu in
CM/ECF (e.g., Motion for Bill of Particulars and Motion for Brady
Materials). Choose multiple reliefs by holding the control button while
clicking on the individual reliefs sought. If the user has multiple
“miscellaneous” motions, each must be filed separately. If a particular
relief is not listed, choose Miscellaneous Relief. The Court must
account statistically and administratively for each motion filed, which
cannot be accomplished if several motions are combined into one
document that is filed incorrectly.
C. Filing Attachments and Exhibits in CM/ECF
When filing an exhibit in support of a motion, the user should make it an
attachment to the memorandum in support of the motion, not an
attachment to the motion. Do not attach as an exhibit any document
already on file with the Court in that case. Instead, merely refer to that
document by docket entry number. See section VIII (E) for more
discussion on exhibits.
WVND Administrative Procedures For Electronic Case Filing Page 16
XV. Hyperlinks
Electronically filed documents may contain the following types of hyperlinks:
A. Hyperlinks to other portions of the same document; and
B. Hyperlinks to an internet site that contains a source document for citation.
Hyperlinks to cited authority may not replace standard citation format.
Complete citations must be included in the text of the filed document. Neither
a hyperlink, nor any site to which it refers, shall be considered part of the
record. Hyperlinks are simply convenient mechanisms for accessing material
cited in a filed document. The Court accepts no responsibility for the
availability or functionality of any hyperlink.
XVI. Proposed and/or Amended Documents
A. Whenever a party files a motion requesting leave to file an amended filing
the original of the proposed amended document must accompany the
motion.8 Attach the proposed amended document to the underlying
motion by selecting Attachments to Document on the Browse screen.
B. Please do not include the word “Proposed” in the title of any proposed
documents. Describe them as “Proposed” in the description box in
CM/ECF, but do not put “Proposed” on the document itself. To accept a
document on which “Proposed” is typed, the Court must either cross
“Proposed” out, block it in adobe or retype the entire document.
C. The user should file proposed Jury Instructions and Voir Dire Questions
electronically. They are located under Trial Documents in CM/ECF.
Counsel must submit copies of the proposed jury instructions, verdict
forms, special interrogatories and voir dire questions to the presiding
judge in accordance with instructions set forth in his/her respective
Scheduling Order.9
XVII. Sealed Documents, Sealed Cases, Documents Presented for In
Camera Review, and Documents Filed with the Court
A. General:
8
See LR Civ P 15.01
9
Parties not filing electronically must provide paper copies of the respective documents.
WVND Administrative Procedures For Electronic Case Filing Page 17
Although pleadings filed in this Court are generally filed unsealed, when
necessary, the Court may determine that a case or document in a case be
sealed.
Pursuant to Judicial Conference policy the following documents are not to be
included in the public case file and will not be made available to the public at
the courthouse or via remote electronic access:
1) unexecuted summonses or warrants of any kind (e.g. search
warrants, arrest warrants);
2) pretrial bail or presentence investigation reports;
3) statement of reasons in the judgment of conviction;
4) juvenile records;
5) documents containing identifying information about jurors or
potential jurors;
6) financial affidavits filed in seeking representation pursuant to the
CJA;
7) ex parte requests for authorization of investigative, expert or other
services pursuant to the CJA;
8) motions for downward departure for substantial assistance;
9) plea agreements indicating cooperation; and
10) victim statements.
In addition, pursuant to district policy the following documents shall also not be
included in the public case file and will not be made available to the public at the
courthouse or via remote electronic access:
1) unredacted Indictments;
2) Rule 35 motions;
3) sentencing memoranda and responses thereto;
4) Prisoner Trust Fund Account Statements;
5) motions to proceed in forma pauperis;
6) psychiatric reports;
7) mediation statements;
WVND Administrative Procedures For Electronic Case Filing Page 18
8) mediator reports; and
9) Personal Identification Attachment to the revocation judgment.
A case or document filed under seal in CM/ECF will not be available to the public
through the public terminals in the Clerk’s Office or through a CM/ECF login. The
case or document will become available only if the Court orders the case or
document unsealed.
B. Filing Sealed Documents in Public (Unsealed) Cases:
Motion to Seal: To file a document under seal, unless the document is one of the
automatically sealed documents referenced in XVII (A) of these Procedures, a
party must first file a motion for leave of the Court to file under seal. When
electronically filed using the correct event, Motion to Seal, sensitive information
can be attached, as this event is automatically sealed in CM/ECF. In the
alternative, along with the motion, a party may present the sensitive information
in a sealed envelope marked “sealed” to the Clerk’s Office along with the Motion
to Seal. If the Court grants the Motion to Seal, the judge will electronically enter
the order authorizing the filing of the documents in the appropriate manner (i.e.,
under seal, filed with the Court, etc.). If the Court denies the motion, the Court
will issue an order directing the parties to file the documents electronically.
C. Service of Sealed Documents
Users/Filers must effect service of process of sealed documents through/by
conventional means.
D. Response/Reply to Sealed Document
In some instances, parties may not have access to electronically file responses
or replies to sealed documents. In these instances the filer must file the
response or reply by conventional means.
E. E-Government Act
1. Privacy Data: Filers shall refrain from including, or shall partially
redact where inclusion is necessary, the following personal data
identifiers from all documents filed with the Court whether filed
electronically or by conventional means:
a. Social Security Numbers: If an individual’s Social Security
number must be included in a filing, use only the last four
digits of that number.
b. Names of Minor Children: If the involvement of a minor
child must be mentioned, use only the child’s initials.
WVND Administrative Procedures For Electronic Case Filing Page 19
c. Dates of Birth: If an individual’s date of birth must be
included in a filing, use only the year.
d. Financial Account Numbers: If financial account numbers
are relevant, use only the last four digits of these numbers.
e. Home Address in Criminal Cases: If a home address
must be included in a document to be filed in a criminal
case, include only the city and state.
2. Redaction Policy:
A party wishing to file a document containing any of the
personal data identifiers listed above must:
a. File a redacted, unsealed version of the document along with
a reference list under seal. The reference list shall contain
the complete personal data identifier(s) and the redacted
identifier(s) used in its (their) place in the filing. All
references in the case to the redacted identifiers included in
the reference list must refer to the corresponding complete
personal identifier. The reference list must be filed under
seal, and may be amended as a right, or
b. With approval of the Court, file an unredacted version of the
document under seal. The Court may, however, still require
the party to file the redacted copy for the public file. The
unredacted version of the document or the reference list
shall remain sealed and retained by the Court as part of the
record.
The responsibility for redacting these personal identifiers rests solely with
counsel and the parties. The Clerk will not review each filing for compliance.
Indictments and Informations: Counsel shall redact addresses from all
indictments and informations except to the extent that an address is necessary to
provide the defendant notice that a crime has been committed at a specific
location.
XVIII. Orders
A. General:
The Court will electronically file all signed orders. Upon filing, CM/ECF will send
a NEF to all users in that case.10 The Clerk’s Office will send a paper copy of the
10
CM/ECF also sends the NEF to persons signed up to receive NEFs for that particular case. The NEF contains a list
of case participants who received it electronically.
WVND Administrative Procedures For Electronic Case Filing Page 20
order to the non-CM/ECF users in the case. Any order signed electronically has
the same force and effect as if the judge had affixed his/her signature to a paper
order docketed conventionally.
B. Text Only (Paperless) Orders:
The Court may enter orders by a text only docket entry with no PDF document.
The text only entry shall constitute the Court’s Order on the matter, and will carry
the same force and effect as if the judge had affixed his/her signature to a paper
order. The Clerk’s Office will send a paper copy of the NEF to non-CM/ECF
users in these instances.
C. Proposed Orders:
1. Parties may electronically submit proposed orders as attachments to
motions, responses, replies, etc.
2. If a proposed order requires no motion, parties may electronically file using
the Proposed Order event under Other Documents in CM/ECF.
3. Please do not include the word “Proposed” in the title of proposed orders.
The user may describe them as proposed when browsing them into CM/ECF.
Without “Proposed” typed on the order, if the Court accepts the order for
entry, the Court can simply e-sign the order as submitted and enter it. If
“Proposed” is typed on the order, the Court must either remove “Proposed”
from the order, cross it out, block it in Adobe, or retype the entire order.
4. A user moving for the issuance of a writ, warrant, or summons should apprise
the judge that a prompt ruling is critical, and attach the writ, warrant, or
summons in the PDF format to the proposed order, if one is needed.
XIX. Correcting Docket Entries
Only the Clerk’s Office can make corrections to erroneous docket entries.
CM/ECF will not permit the filing party to change the document(s) or a docket
entry filed in error. Errors may include posting the wrong PDF document to
the docket entry, selecting the wrong document type from the menu, or
entering the wrong case number.
If a user notices an error, DO NOT RE-FILE THE DOCUMENT unless
directed to do so by the Clerk’s Office. Instead, please notify the Clerk’s
Office of the error and obtain further direction. If appropriate, the Clerk will
enter a notice of docket correction that will correct the mistake and specify the
error.
WVND Administrative Procedures For Electronic Case Filing Page 21
No substitution or deletion of documents by the Clerk’s Office staff is
permissible. If an entry is stricken by the Judge, the Clerk’s Office will restrict
the document(s) to Court users only (Private) and add a remark noting that
the entry was stricken.
XX. Technical Failures
A. Technical Failure of System
1. The Clerk’s Office shall deem the Northern District of West Virginia
CM/ECF site to be subject to technical failure on a given day if the site
is unable to accept filings continuously or intermittently over the course
of a period of time greater than one (1) hour after 10:00 o’clock a.m.
that day. Known systems outages will be posted on the Court’s
website, if possible. In such instances, the CM/ECF user may file
documents conventionally.
2. A CM/ECF user whose filing is made untimely as the result of a
technical failure of the Court’s CM/ECF site may seek appropriate relief
from the Court. However, in some circumstances, the Court lacks the
authority to grant an extension of time to file (e.g. Rule 69b of the
Federal Rules of Civil Procedure).
B. Technical Failure of User’s System
Problems with the CM/ECF user’s system, such as phone line problems,
problems with the user’s Internet Service Provider, or hardware or
software problems, will not constitute a technical failure nor excuse an
untimely filing. A user who cannot file electronically because of a failure
of the filer’s system must contact the Clerk’s Office and seek permission to
file the document conventionally or by fax, if filing by fax is permissible
under LR Gen P 5.05(a).11
11
If a filer is unable to file electronically because of technical failures, the filer must serve the opposing parties in
the conventional manner.
WVND Administrative Procedures For Electronic Case Filing Page 22
APPENDIX I
LR Gen P 83.02. Visiting Attorneys.
(a) General: Whenever it shall appear that a person who has not been lawfully
licensed and admitted to the practice of law in the State of West Virginia has been duly
licensed to be admitted to practice before a court of record of general jurisdiction in any
other state or country or in the District of Columbia, and when that person is in good
standing as a member of the bar of such jurisdiction but has not been admitted to the
bar of the United States District Court for the Northern District of West Virginia or the
United States Bankruptcy Court for the Northern District of West Virginia, he or she may
appear in a particular action, suit, proceeding or other matter in this Court:
(1) upon providing this Court a verified statement of application for pro hac
vice admission listing:
(i) the action, suit, proceeding or other matter that is the subject of the
application;
(ii) the name, address and telephone number of the registration or
disciplinary agency of all state courts, the District of Columbia or of
the country in which the applicant is admitted;
(iii) the name and address of the member of the West Virginia State
Bar who will be the responsible local attorney in the matter;
(iv) all matters before West Virginia tribunals or bodies in which the
applicant is or has been involved in the preceding twenty-four (24)
months;
(v) all matters before West Virginia tribunals or bodies in which any
member of the applicant's firm, partnership, corporation or other
WVND Administrative Procedures For Electronic Case Filing Page 23
operating entity is or has been involved in the preceding twenty-four
(24) months;
(vi) a representation by the applicant for each state, the District of
Columbia or any other country where the applicant has been
admitted to practice, stating that the applicant is in good standing
with the bar of every such jurisdiction and that he or she has not
been disciplined in any such jurisdiction within the preceding
twenty-four (24) months; and
(vii) an agreement to comply with all laws, rules and regulations of West
Virginia state and local governments, where applicable, including
taxing authorities and any standard for pro bono civil and criminal
indigent legal defense services;
(2) upon payment of a fee established by the Court and paid to the Clerk of
Court for the United States District Court for the Northern District of West
Virginia; and
(3) upon certification that the pro hac vice applicant has paid to the West
Virginia State Bar the initial pro hac vice fee required by Rule 8.0 of the
Rules of Admission for the West Virginia State Bar.
(b) Responsible Local Attorney: The applicant shall be associated with an active
member in good standing of the state bar, having an office for the transaction of
business within the State of West Virginia, who shall be a responsible local attorney in
the action, suit, proceeding or other matter that is the subject of the application. Service
of notices and other papers upon the responsible local attorney shall be binding upon
the client and the applicant. The local attorney shall be required to sign all pleadings
WVND Administrative Procedures For Electronic Case Filing Page 24
and filings, affix his or her West Virginia State Bar identification number thereto and
attend all hearings, trials or proceedings actually conducted before the judge, tribunal or
other body of the State of West Virginia. for which the applicant has sought admission
pro hac vice. The local attorney shall attend the taking of depositions and other actions
that occur in the case that are not actually conducted before the judge, tribunal or other
body of the State of West Virginia unless, upon motion of counsel, the presiding judge
permits local counsel to appear by telephone or other electronic means, and shall
further be a responsible attorney in all other aspects of the case. With prior permission
of the Court, local counsel will not be required to attend routine court hearings or
proceedings. To be a responsible local attorney, the local attorney must maintain an
actual physical office equipped to conduct the practice of law in the State of West
Virginia, which must be the primary office from which the responsible local attorney
practices law on a daily basis. The responsible local attorney shall evidence his or her
agreement to participate in the matter by his or her endorsement upon the verified
statement of application or by written statement attached to the application.
(c) Exceptions to Payment of Visiting Attorney Fee:
(1) Bankruptcy Cases: The visiting attorney fee will apply in every bankruptcy
case in which the reference to the Bankruptcy Court has been withdrawn
and in every appeal of a bankruptcy case to the District Court. Otherwise,
the imposition of a visiting attorney fee in a bankruptcy case will be
governed by the Local Rules for Bankruptcy Court.
(2) Multidistrict Litigation Cases: Pursuant to the Rules of Procedure of the
Judicial Panel on Multidistrict Litigation, a visiting attorney fee will not be
WVND Administrative Procedures For Electronic Case Filing Page 25
charged in any case filed in this Court pursuant to a transfer under those
Rules.
(3) Miscellaneous Cases: A visiting attorney who files a miscellaneous case
that does not require judicial action (e.g., one filed in order to obtain a
subpoena) is exempt from paying the visiting attorney fee, from
associating with a sponsoring attorney and from filing the statement of
visiting attorney. A visiting attorney who files a miscellaneous case that
does require judicial action (e.g., a motion to compel testimony at a
deposition) must comply with LR Gen P 83.02(a).
(4) Federal Government Attorneys: This section does not apply to properly
licensed attorneys with the United States Department of Justice, those
associated with federal executive branch agencies, and those appointed
from outside the district pursuant to the Criminal Justice Act, 18 U.S.C.
§3005A and §3006A.
(5) Law Students: Law students who participate in a case in accordance with
these Rules will not be charged a visiting attorney fee.
WVND Administrative Procedures For Electronic Case Filing Page 26
APPENDIX II
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
Plaintiff(s),
v. Case No.
Defendant(s).
CERTIFICATE OF SERVICE
I hereby certify that on ____________________, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to
the following:
I hereby certify that on _____________________, I have mailed, by United States Postal
Service, the document to the following non-CM/ECF participants:
/s/_______________________________________
WVND Administrative Procedures For Electronic Case Filing Page 27
