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Home < Electronic Case Files < Cmecf OverviewThe District of New Hampshire went live on the case management portion of its Case Management/Electronic Case Filing system (CM/ECF) on November 3, 2003. All document submitted in civil cases commenced on or after June 1, 2004, and in criminal cases commenced on or after January 1, 2005, were required to be electroncially filed using the Electronic Case Filing (ECF) portion of the court's CM/ECF system. On October 1, 2005, all remaining paper cases pending in this court, unless exempted by court order, were converted to electronic cases. Thus, unless exempted by local rule or supplemental rule for ECF, all documents are now filed electronically. CM/ECF replaced aging software previously used by most courts with a nationally-supported but flexible system that allows courts to customize its own docketing and reporting capability. The electronic case files (ECF) portion allows courts to manage documents electronically to whatever extent they choose, from allowing attorneys to e-file documents and create docket entries over the Internet, to having court staff convert paper documents into electronic form by scanning. It also provides 24-hour access to case files by judges, court staff, and the public in a reliable and secure electronic form. Advantages of CM/ECF include the concurrent availability of complete case files and documents to multiple users, as well as reduced physical storage needs and traffic in the clerk's office. In addition, notices of filings and other case activity are automatically transmitted to case participants via e-mail and documents are instantly accessible via the Internet. Delays and added expenses associated with mail or courier services are in most instances a thing of the past. The primary method to obtain access to electronic case files through the Internet is through a modified version of the old Public Access to Court Electronic Records (PACER), called ECF-PACER. This web-based system contains both the dockets (a list of the documents filed in the case) and electronic copies of the actual case file documents. Individuals who seek off-site access to a particular document or case file will need to open a PACER account and obtain a login and password. Logins and passwords from the old PACER system are transferable to the new system. Access through PACER involves a fee of $.10 per page of a case file document or docket viewed, downloaded or printed. PACER users will not be billed for fees of less than $15 in a quarterly billing cycle. Electronic case files are also available for viewing free of charge at our public computer terminals located in the Clerk's Office on the first floor of the Rudman Courthouse. In addition to maintaining a PACER account, attorneys who are participating in an electronic case will also need a separate ECF login and password. Although they will access the system in the same manner as the general public, their unique password and login will give them access to an array of screens that will allow them to file pleadings and notify all cases participants electronically. To obtain a form for making application to obtain a login and password, click here. RegistrationECF Registration Original Attorney Registation: A person must register with both PACER and ECF in order to file documents electronically. Only an attorney admitted to the Bar of this court, as well as attorneys admitted pro hac vice, may register for ECF. Pro Hac Vice attorneys must wait until their motion is granted before registering.
Eligible attorneys can register on-line to obtain an ECF login and password by clicking on this ECF On-Line Registration link. Generation of ECF Login and Password: Once an account has been established, the clerk's office will forward your ECF login and password to the email address provided in your registration form. A Filing User who learns that the security of their password has been compromised must immediately notify the clerk's office. Effective October 1, 2006, the court implemented an internet credit card payment system in CM/ECF that allows attorneys to pay filing fees over the internet during the filing process. Thus, the court no longer will maintain previously submitted ECF Credit Card Blanket Authorization Forms and those previously submitted forms will be destroyed. For more information regarding the court's internet credit card payment system, please see Internet Fee Payment Instruction Sheet. Each district court is responsible for training its own staff and attorney users. The District of New Hampshire offers filing users of CM/ECF interactive computer-based training modules. The modules contained in the District of New Hampshire's Training Materials section exactly replicate the USDC-NH filing system, highlights the rules and procedures governing ECF in this district, and demonstrates how to convert documents to PDF format and how to create hyperlinks to exhibits in electronic filings. The modules in the National CM/ECF Training Materials section offer more general instructions on the use of CM/ECF in the federal courts nationally. All of the modules can be accessed by the public at any time from their home or office.
The First Circuit Court of Appeals now has a rule (LR 30.0) governing the form and content of the appendix to an appeal brief in "counseled cases" (i.e. cases in which the appellant is represented by counsel--including in forma pauperis cases). The cost of compiling the appendix is reimbursable in those cases in which appellant's counsel is appointed under the Criminal Justice Act. You can access the First Circuit's local rules at this link. You can access an information sheet regarding the impact of the new rule entitled "Notice to Counsel Regarding Contents of Appendix" at this link. You can access an instruction sheet that explains how to use CM/ECF to create an appendix for your appeal brief at this link. Creating Hyperlinks to Exhibits or Attachments to Pleadings The district's electronic filing rules (AP 2.3(i)) permit filers to create hyperlinks both to legal citations and to exhibits or attachments to pleadings. While the district's rule do not require filers create these hyperlinks, the court encourages you to do so. Newer versions of CM/ECF permit filers to submit electronic documents that include hyperlinks to a previously filed document in the same case or another case, as well as to documents that are being filed in the same submission, such as exhibits to motions or memos of law. This feature is very helpful to judges in this district because it makes it much easier to review exhibits submitted in support of a pleading. A document can be linked to another document in any federal court's database if the court is running the appropriate version of CM/ECF that includes the hyperlink function: District (Release 3.1); Bankruptcy (Release 3.2) and/or Appellate (available as of July 2006). This hyperlink functionality has been tested in WordPerfect 11 or higher and Word 2002 or higher. Creating Hyperlinks to Simultaneously Filed Exhibits and Other Electronic Documents (Word Users) Creating Hyperlinks to Simultaneously Filed Exhibits and Other Electronic Documents (WordPerfect Users) Pursuant to Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1, the parties have an obligation to redact certain "personal identifiers" from both pleadings and court transcripts. The personal identifiers that must be redacted include the following: social security and financial account numbers should include just the last four digits; minors names should be referenced by initials only; a date of birth should include the year of birth only; and in criminal cases any home address should include just the city and state. To review a Notice from the Judicial Conference of the United States urging counsel to exercise caution when filing a pleading containing personal identifiers or other sensitive information, please click here. Requirement to Redact Personal Identifiers in Pleadings To address the privacy concerns created by Internet access to court documents, Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1 require the filing attorney to refrain from including, or to partially redact where inclusion is necessary, the above listed personal identifiers from all filings with the court. Exemptions from these redaction requirements are expressly listed in the rules. Fed. R. Civ. P. 5.2(b); Fed. R. Crim. P. 49.1(b).
The responsibility for redacting personal identifiers rests solely with counsel and the parties. Id. Neither the court reporter nor court staff are responsible to independently redact information from the case unless there is a redaction request by a party to the case. Id. The parties will be charged no fee for redactions made by a court reporter. Id. If a purchasing party does not timely file a Transcript Redaction Request, no redaction will be made and the original transcript will be publicly available ninety (90) days from the date the original transcript was filed with the court. AP 4.2(d). If counsel would like to request further redactions, in addition to those personal identifiers listed in the Federal Rules of Procedure, counsel must move the court by filing a separate Motion to Redact Transcript. AP 4.2(c). Avoid Inadvertent Disclosure of Redacted Material by Using Proper Redaction Techniques Depending upon the redaction technique used, it is possible that the redacted information may appear to be hidden or blocked in the document but the underlying protected information (metadata still imbedded in the document) may be accessed by technologically sophisticated members of the public. For example, the highlighter function in Adobe creates a black box over the data, but it merely hides the data. While the redacted information is unreadable, the metadata is still imbedded in the document. Anyone can copy the black box, paste it into a word-processing document, and the information under the black box appears. System Requirements
Portable Document Format (PDF) Information All documents submitted through the court's ECF system must be filed in Portable Document Format (PDF). Thus, users will need PDF software to both read these documents, known as PDF reader, and PDF software to create these documents, known as PDF writer or creation software. Security Controls In accordance with the security plan, numerous controls have been built into CM/ECF. The major technical controls are described below.
You will need the following skills:
1. What is the case management/electronic case files project? ANSWER: CM/ECF is a joint project of the AO and the federal courts to replace the existing case management systems in the federal courts, e.g., ICMS Civil/Criminal, the Appellate Information Management System (AIMS), BANCAP, NIBS, etc., with a new case management system based on current technology, new software, and increased functionality requested by the courts. In addition to providing the courts with updated tools for managing their cases, this new system will enable the courts to maintain electronic case files and offer electronic filing over the Internet. 2. What are the benefits and features of using CM/ECF for courts, attorneys and the public? ANSWER: There are a number of significant benefits and features for courts, attorneys and the public:
3. Do courts have to use the electronic case filing portion of CM/ECF? ANSWER: No. Courts may choose to use only the case management portion of the new software and continue as a paper only operation. The Electronic Case Filing (ECF) portion is optional. There are multiple ways that courts can use the ECF capabilities. They can scan documents received in paper form or they can permit filing of documents in electronic form. Scanning may be needed as a supplemental process to convert documents that cannot be obtained in electronic form. 1. How many users can submit documents at once? ANSWER: There is no fixed limit. Response time and expanded use will ultimately tell us what the acceptable limit might be. Enhancements to communications capacity is expected to be an ongoing task to ensure that we meet the needs of the users. 2. How many people at a time may view a document? How many people at a time may view the docket? ANSWER: There are no limitations for either function. 3. Will the creator of the docket entry be identified? ANSWER: Yes. All entries can be identified by the name of the person that logged in and submitted the entry. Whether and how a person's name appears in a docket entry may be determined by the court (e.g., full name, initials, etc.). 4. Is there a limit to the number of aliases a party may have? ANSWER: No. 5. How will signature of documents be handled for documents filed electronically? ANSWER: At present, this is a matter for local court rule or order. Most courts are currently treating use of an attorney's unique system login and password as a signature. Many courts require that attorneys retain copies of critical paper documents, such as affidavits or bankruptcy petitions, containing original signatures of parties for a set period of time. 6. What technical expertise is required? ANSWER: CM/ECF is easy to learn and requires little technical experience to use. The basic technical skills needed are familiarity with using Windows and a web browser. 1. Will there be restrictions on who may file documents on CM/ECF? ANSWER: Each court determines to whom filing logins and passwords are issued. In this district, attorneys must file documents electronically and non-incarcerated pro se litigants may file electronically if authorized by court order. 2. How is filer identity authenticated? ANSWER: Authentication is currently completed at login. Each user is required to identify himself or herself by presenting a valid combination of user name and password. Upon doing so, access to the site is granted. 3. Can the general public view ECF cases and the documents in those cases? ANSWER: Access to view cases and documents in CM/ECF is available to anyone with a PACER login and password. PACER offers convenient electronic access to case file documents, listing of all case parties, reports of case related information, chronologies of events entered in the case record, listing of new cases, judgments or case status, and a calendar of events. However, the public cannot use PACER to view documents filed in Civil Social Security Appeal cases. To defray the costs of PACER and CM/ECF, the Judicial Conference has set a fee of ten cents per page for electronic court data via the internet, except for calendar information, for which there is no charge. Parties entitled to documents as part of the legal process receive a free electronic copy, although they will be charged for replacement copies, whether in paper or electronic form. 1. How does the system handle the filing of a multi-part motion? ANSWER: The types of motions that an attorney or court personnel can file are displayed in a drop down window. The user can select one or a list of motions, using the control key and the mouse. The filer should select as many different motions from the list as required to accurately reflect the reliefs sought. CM/ECF then processes each of the motion parts, one at a time, leading the filer through the steps necessary to complete each part. Orders ruling on multi-part pleadings can dispose of each relief separately. 2. When a user files a pleading with the court does the system automatically serve the other parties or does the user have to do something extra to serve the others? And, do the other parties just get notification of a filing or do they get the actual document? ANSWER: The system is set up so that when a court user or attorney files a document with the court, a notice of electronic filing is generated that includes information about what was filed, the text of the docket entry, the unique document stamp, and a list of case participants that receive email notification of the filing and a list of those that do not. The notice of electronic filing sent to those listed as receiving email notification contains a hyperlink to the document. For users participating in ECF, receipt of this notice through the court's transmission facilities constitutes "service" by parties as required Fed.R.Civ.P.5(b) and Fed.R.Crim.P.49(b). Other parties who are not registered CM/ECF filers must be served in the traditional manner, with paper documents. 3. Will the system support scanned documents in color? ANSWER: Yes, the system does support scanned and all other documents in color, however, the size of the color document may be an issue. 1. How does CM/ECF handle sealed records? Does it track their content and filing location or merely indicate that a document was placed under seal? Are sealed documents stored in the Informix database? If so, what controls govern who may view them? ANSWER: CM/ECF currently has control levels for document access that allow the court to control who can access each document. Documents may be restricted in one of two ways: by case, access to all documents in a case may be restricted or by document, access to a particular document in a case may be restricted. Restrictions to viewing a document is by the class of users defined as: no restriction, only users with logins, only users with court logins and case participants with logins, and only court personnel. In this district, documents filed under seal should be filed in paper. Similarly, documents filed in sealed cases should be filed in paper. Hardware/Software Requirements 1. What hardware and software will attorneys need to participate in ECF?
2. Is ECF browser specific? ANSWER: ECF is designed to work with Internet Explorer and Firefox. Netscape is no longer compatable. Internet Explorer 7.0 or Firefox 2.0 is recommended. You may also use Safari 3.0 (for MAC users). You must use a browser that supports 128 bit encryption and your browser must be JavaScript-enabled. 3. Is ECF word processor specific? ANSWER: No, you may use any word processor that can convert documents to PDF. 1. Can an attorney add new attorneys to the database? ANSWER: Only court staff with appropriate permissions may add attorneys to the database as system users. 2. What should an attorney or court user do if the document he or she is filing is not listed in the pick list? ANSWER: Each court maintains its own event dictionary. If a user wishes to file a document that is not listed in the pick list, he or she can contact the person maintaining the dictionary and request that an event be added. It is up to the court to determine whether to add a new docket dictionary event. 3. Is CM/ECF browser specific? ANSWER: ECF is designed to work with Internet Explorer and Firefox. Netscape is no longer compatable. Internet Explorer 7.0 (or higher) or Firefox 2.0 (or higher) is recommended. You may also use Safari 3.0 (for MAC users). You must use a browser that supports 128 bit encryption and your browser must be JavaScript-enabled. 4. Is CM/ECF word processor specific? ANSWER: No, you may use any word processor that can convert documents to PDF. 5. Can the general public view CM/ECF cases and the documents in those cases? ANSWER: Access to view cases and documents in CM/ECF will be available to anyone with a PACER login and password. PACER offers convenient electronic access to case file documents, listing of all case parties, reports of case related information, chronologies of events entered in the case record, listing of new cases. However, the public cannot use PACER to view documents filed in Civil Social Security Appeal cases. To defray the costs of PACER and CM/ECF, the Judicial Conference has set a fee of ten cents per page for electronic court data via the internet, except for calendar information, for which there is no charge. Parties entitled to documents as part of the legal process receive a free electronic copy, although they will be charged for replacement copies, whether in paper or electronic form. 6. Will someone submitting a long document monopolize the system to the detriment of other users? How long will it take to transmit/receive lengthy documents? ANSWER: A user submitting a large document to CM/ECF will not interfere with other users' access. The system uses webbed technology which is designed to service large numbers of users simultaneously. The time it takes to transmit or receive a document primarily depends on the user's Internet Service Provider (ISP), modem speed, and the size of PDF file being transmitted or received. Generally, the larger the file, the longer it will take to load. Our procedural order will limit the size of documents that can be filed. In most instances, however, the size of the document will not be restricted by the electronic filing process. The CM/ECF system will accept both text and image PDF files. The text PDF file is usually the result of saving a document from a word processor in PDF format using Adobe Acrobat PDFWriter. The image PDF file is usually created by scanning a paper document in PDF format. The text file can be transmitted to the CM/ECF application faster than the image file because it is much smaller in size. While the difference in speed is usually not noticeable in a 1 or 2 page document, the difference can be significant when a document reaches about 20 pages in length. 7. How will signature of documents be handled for documents filed electronically? ANSWER: The attorney's CMECF login and password shall serve as their signature for purposes of the federal and local rules; the attorney name, however, should be inserted in the PDF document in a "/s/ Insert Attorney's name" format and typed in the space where the signature would otherwise appear. The court's Administrative Procedures for Electronic Case Filing require multiple signature documents and affidavits be submitted in a similar fashion. 8. How are fees paid? ANSWER: In this district attorneys have the option to file any document having a filing fee either on paper with the required fee or electronically through CM/ECF. Effective October 1, 2006, attorneys electronically filing pleadings having a filing fee must use the internet credit card payment module in CM/ECF to pay the required fee. When electronically filing any pleading having a required fee, the user will be automatically directed through the internet payment process in CM/ECF. For more information regarding the court's internet credit card payment system, please see Internet Fee Payment Instruction Sheet. 9. What happens if a document is filed in error? ANSWER: If you make a filing error, please immediately contact the ECF Help Desk (1-800-776-0320, ext 8). Depending on the nature of the error, the filer may be required to refile the document. 10. Will official court transcripts be filed electronically? ANSWER: Effective May 15, 2008, transcripts will be electronically filed in this district. For information regarding the court's policy regarding public access to court transcripts, click here. |
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