Electronic Case File (ECF)
Frequently Asked Questions

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. 

• Parties, the judge, court staff and the public can review the case file simultaneously. 

• At the court's option, registered attorneys can file case documents 24 hours a day, 7 days a week, over the Internet, with no additional filing fees. Attorneys can file case documents from their offices or homes right up to the filing deadline, without worrying about postage, messenger services or traffic congestion. 

•Attorneys filing over the Internet automatically create docket entries, and docket sheets are updated immediately when documents are filed. 

• An automatic verification, in the form of a "Notice of Electronic Filing," is sent by e-mail to the filer immediately after filing.

• Parties to litigation can receive immediate notice by e-mail of activity in their case that contains a hyperlink to the filed document. 

• Since CM/ECF uses Internet standard software, the out-of-pocket cost of participation for attorneys is typically very low. 

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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.
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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. 

• Internet Explorer 5.5 or higher. 

• 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.
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QUESTION: How Secure is CM/ECF?

ANSWER: CM/ECF has many security features and has passed an evaluation by the National Security Agency. Access to the system is through a court issued login and password.
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