CM/ECF Frequently Asked
Questions
What is CM/ECF?
What does CM/ECF provide
for attorneys and the public?
Is CM/ECF currently
available?
Will all federal courts
offer electronic filing?
What hardware and software
are needed to file documents in CM/ECF systems?
Who may file documents on
CM/ECF systems?
Who may view documents on
CM/ECF systems?
Do documents that will be
filed on CM/ECF systems need to be in a particular format?
Are there fees associated
with CM/ECF?
How will users learn how
to file documents in CM/ECF systems?
Are there procedural rules
relating to electronic filing?
What is CM/ECF?
ANSWER: CM/ECF -- the Case
Management/Electronic Case Files project -- is a joint project of
the Administrative Office of the U.S. Courts and the federal
courts to replace existing case management systems with a new
system based on current technology, new software, and increased
functionality. This new system will give federal courts the
ability to maintain electronic case files and offer electronic
filing of court documents over the Internet.
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What does CM/ECF provide for attorneys
and the public?
ANSWER: CM/ECF offers a number of benefits for
attorneys and the public: . Case information, including the
docket sheet and the filed documents, is available for viewing and
downloading to attorneys and the public at any time from locations
other than the courthouse, via the Internet through the PACER
system at a cost of seven cents per page. ATTORNEYS AND
PARTIES ARE PROVIDED FREE ACCESS ONE TIME TO DOCUMENTS FILED
ELECTRONICALLY IN THEIR CASES.
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Is CM/ECF currently available?
ANSWER: The CM/ECF system for bankruptcy
courts is being implemented nationally over a two-to-three year
period starting March 2001. The district court CM/ECF system began
to roll out nationally in May 2002. A CM/ECF system for appellate
courts is also being deployed. CM/ECF is currently in use in
fifty-six courts
. Millions of cases and tens of millions of documents are on
CM/ECF systems, and thousands of attorneys across the country are
filing documents electronically. ( Top )
Will all federal courts offer
electronic filing?
ANSWER: The use of CM/ECF's electronic filing
capabilities is at each individual court's option. Many of the
courts that have implemented or are in the process of implementing
CM/ECF have chosen to offer electronic filing. For information
about whether your local court will be offering electronic filing,
contact your local court.
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What hardware and software are needed
to file documents in CM/ECF systems?
ANSWER: Filers will need the following
hardware and software to file documents in the CM/ECF electronic
filing system: . A personal computer running a standard
platform such as Windows or Macintosh.
. A PDF-compatible word processor like Macintosh or
Windows-based versions of WordPerfect or Word.
. Internet service.
. Netscape Navigator version 4.6 or 4.7 (Netscape 6 is not
recommended for use with CM/ECF.) or Internet Explorer 5.5.
. Software to convert documents from a word processor format to
portable document format (PDF). Adobe Acrobat PDF Writer is
recommended. Acrobat Writer Version 3.X, 4.X and 5.0 adequately
meet the CM/ECF filing requirements.
. Adobe Acrobat Reader, which is available for free, is needed
for viewing PDF documents.
. A scanner may be necessary to create electronic images of
documents that are not in your word processing system.
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Who may file documents on CM/ECF
systems?
ANSWER: Filing a document into CM/ECF requires
a login and password. Each court determines for itself to whom it
will issue filing logins and passwords. At the present time,
courts offering electronic filing are providing document filing
access principally to attorneys, although some courts are also
providing access to U.S. Trustees and bankruptcy case trustees. A
few courts are permitting bankruptcy claimants to file
electronically.
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Who may view documents on CM/ECF
systems?
ANSWER: Subject to court orders in individual
cases, policy
, or other individual court limitations, the public may view
dockets and documents in CM/ECF systems through the Public Access
to Court Electronic Records ( PACER
) program. PACER logins are available to the public at: http:www.pacer.psc.uscourts.gov/register.html
. Directed by Congress to fund electronic access through user
fees, the federal judiciary has set the fee at the lowest possible
level sufficient to recoup program costs. Information is currently
available at a rate of seven cents per page, with a maximum cost
per document of $2.10.
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Do documents that will be filed on
CM/ECF systems need to be in a particular format?
ANSWER: CM/ECF systems are designed to accept
only documents in PDF format. This format was chosen because it
allows a document to retain its pagination, formatting and fonts
no matter what type of computer is used to view or print the
document. It is also an open standard format. Adobe developed the
format, and offers software that allows conversion of documents
created in most word processing systems into PDF. This software is
recommended. Several word processing and other programs contain
features that convert documents created in those programs into
PDF.
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Are there fees associated with CM/ECF?
ANSWER: There are no added fees for filing
documents over the Internet using CM/ECF, although existing court
document filing fees do apply. Electronic access to individual
case docket sheets and filed documents is available through the
Public Access to Court Electronic Records ( PACER
) program. Litigants receive one free copy of documents filed
electronically in their cases; additional copies are available to
attorneys and to the general public for viewing or downloading at
the current PACER cost of seven cents per page with a $2.10 cap on
the charge for any single document. Directed by Congress to fund
electronic access through user fees, the federal judiciary has set
the fee at the lowest possible level sufficient to recoup program
costs.
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How will users learn how to file
documents in CM/ECF systems?
ANSWER: Each court that offers electronic
filing will provide training. Filing documents in CM/ECF is easy;
a minimal amount of training is generally all that is needed. Many
courts also have developed user manuals for attorneys and other
users, which are available on their Web
sites . A set of training modules is also available here.
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Are there procedural rules relating to
electronic filing?
ANSWER: Rule 5(e) of the Federal Rules of
Civil Procedure, Rule 5005(a) of the Federal Rules of Bankruptcy
Procedure, Rule 25(a) of the Federal Rules of Appellate Procedure,
and Rule 49(d) of the Federal Rules of Criminal Procedure
authorize individual courts by local rule to permit papers to be
filed by electronic means. New amendments to Rules 5(b),
6(e) and 77 of the Federal Rules of Civil Procedure, Rules 45 and
49 of the Federal Rules of Criminal Procedure, Rules 25 and 26 of
the Federal Rules of Appellate Procedure, and Rules 7005, 9006,
9014 and 9022 of the Federal Rules of Bankruptcy Procedure,
authorize service of documents by electronic means if parties
consent. The amendments do not apply to service of process. For
more information, click
here.
Most courts that offer electronic filing have issued an
authorizing local rule; most have supplemented the local rule with
a general order and/or procedures that set forth the relevant
procedures governing electronic filing in that court. Individual
court rules and procedures are generally available on their Web
sites .
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