Electronic Access to
 Courts

• 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? 
• Who may file documents on CM/ECF? 
• Who may view documents on CM/ECF? 
• 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 old case management systems with a new system based on current technology, new software, and increased functionality. This system gives 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 eight cents per page. Attorneys and/or parties are provided with a copy of each document filed electronically in their cases via a link in the Notice of Electronic Filing that is e-mailed to each registered attorney upon the filing of each electronic document. This document may be printed or saved for future use.  

• 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. 

• A notification of activity in a case, in the form of a Notice of Electronic Filing, is sent by e-mail to the filer and all registered participants in the case immediately after each electronic filing. The Notice of Electronic Filing contains a hyperlink to the filed document and the docket sheet.

• 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 common PC hardware and software, the incremental cost to be CM/ECF ready is very low for the typical attorney. 

Is CM/ECF currently available?

ANSWER: Yes, CM/ECF is currently available in most courts. The CM/ECF system for bankruptcy courts began implementation nationally in early 2001. The district court CM/ECF system began to roll out nationally in May 2002. Implementation of the CM/ECF system for appellate courts began in 2005. CM/ECF currently is in use in 99 % of the federal courts. Millions of cases and tens of millions of documents are on CM/ECF systems and more than 320,000 attorneys across the country are filing documents electronically. ( Top )

Will all federal courts offer electronic filing?

ANSWER: Almost all district and bankruptcy courts offer electronic filing. Most appellate courts will offer electronic filing, too. For information about whether your local court offers electronic filing, contact your local court. 
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What hardware and software are needed to file documents in CM/ECF systems?

ANSWER: Filing documents into CM/ECF electronic filing systems requires the following hardware and software: 

• A personal computer running a standard platform such as Windows or Mac OS X. 
• A PDF-compatible word processor like Mac OS X or Windows-based versions of Corel WordPerfect or Microsoft Word.
• Internet service. 
• A Web browser. For district and bankruptcy CM/ECF, Mozilla Firefox 2 or 1.5, or Microsoft Internet Explorer 7.0 or 6.0 are recommended. Some users have had positive experiences with other Web browsers, but those listed here have been tested and certified for compatibility with CM/ECF. Mozilla Firefox is compatible with Mac and can be downloaded at no cost.  
• For appellate CM/ECF, Firefox and Internet Explore are recommended, but users will need the Java 1.6 plug-in. The plug-in is available as a free download from www.java.com. The appellate software will operate on a Mac computer that has software that allows Windows to run on the Mac. The appellate software currently does not operate on a Mac using the Apple-supplied Java, because Apple has not yet released a port of the current version of Jave (1.6). 
• Software to convert documents from a word processor format to portable document format (PDF). Adobe Acrobat 8 Professional is recommended. Adobe Acrobat 7 Professional, Adobe Acrobat 6 Professional, and Acrobat Writer 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. (Top )

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. Courts offering electronic filing are providing document filing access principally to attorneys, U.S. Trustees, and bankruptcy case trustees. Some courts permit bankruptcy claimants and other pro se litigants 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 eight cents per page, with a maximum cost per document calculated to be the equivalent of a 30-page document ($2.40). Transcripts of court proceedings are not subject to the fee limit.
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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 through a linke in the e-mailed Notice of Electronic Filing; additional copies are available to attorneys and to the general public for viewing or downloading at the current PACER cost of eight cents per page with a maximum cost per document calculated to be the equivalent of a 30-page document ($2.40). Transcripts of court proceedings are not subject to the fee limit. 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. If an attorney is trained and registered in one court, that attorney may be authorized to register and file in another court without further training at the court's discretion. 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. The PACER Service Center website at www.pacer.psc.uscourts.gov has computer based training modules and FAQs. Attorneys should contact each court in which they wish to register and file for information about training requirements.
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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 or require papers to be filed by electronic means. 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. Rules 5(b) and 77 of the Federal Rules of Civil Procedure, Rules 25 and 26 of the Federal Rules of Appellate Procedure, Rules 45 and 49 of the Federal Rules of Criminal Procedure and Rules 7005, 9014 and 9022 of the Federal Rules of Bankruptcy Procedure also authorize service of documents by electronic means if parties consent. The amendments do not apply to service of process. For more information, click here. Individual court rules and procedures are generally available on their Web sites. 
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Are documents filed in CM/ECF secure?

ANSWER: Yes. There are two utility programs that verify documents. One program is used to verify the integrity of a PDF document as it is filed in CM/ECF. A second, separate program is run automatically at preset times to verify that the documents have not changed since they were filed. ( Top )