Practice Tip: Electronic Filing ' Embrace It Soon

In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation (“MDL”) regarding phenylpropanolamine (“PPA”), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.

The first step is to register, which must be done before filing any papers with the court. The electronic filing system for federal courts is referred to as the Case Management/Electronic Case Filing (“CM/ECF”) system. The registration form is simple and will only take a minute to complete.

Most courts have help lines, online tutorials and even short classes for assistance. A good Web site for basic information about the system, registration forms, and participating courts is: www.ilnb.uscourts.gov/cmEcf/.

After the registration form is successfully completed, the court will provide each attorney with a CM/ECF login ID and password. You will not need any special electronic signature software. Instead, CM/ECF users should type “s/” followed by their name on the signature line, eg, s/Jane Doe. This, in combination with your login ID and password, constitutes your signature under Rule 11 of the Federal Rules of Civil Procedure. Special rules may apply for documents with original signatures, eg, affidavits, or documents that must be filed under seal. Details pertaining to such filings can be found in each court's CM/ECF manual.

The CM/ECF system is designed to accept documents only in portable document format (“PDF”), so all filings will have to be converted to PDF before submission. There are several ways to do this, including scanning the document into PDF and various conversion programs. Pay attention to the resulting file size (different methods can yield different file sizes), because some courts have limits on the size of each PDF document. Documents exceeding the court's size limit must be divided and sent as multiple PDF documents.

A certificate of service is required when filing electronically. As with traditional filing, it must state the manner by which service was accomplished on each party. In MDL proceedings where there are thousands of individual cases, counsel must make sure to register in the general MDL proceeding and in the individual cases in which he or she has entered an appearance. Similarly, when preparing a certificate of service, counsel should verify who has registered for electronic service and use alternative service for those who have not registered. The 3-day mail rule provided by Rule 6(e) of the Federal Rules of Civil Procedure typically applies to service by electronic means, but check the local CM/ECF manual to be sure.

There are several benefits to CM/ECF, including better access to documents, more accurate dockets, and reduction in time and expense of filings. The sooner you embrace the CM/ECF system, the sooner you will enjoy these benefits, and the better equipped you'll be to handle what is quickly becoming the preferred method of filing in federal courts.

In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation (“MDL”) regarding phenylpropanolamine (“PPA”), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.

The first step is to register, which must be done before filing any papers with the court. The electronic filing system for federal courts is referred to as the Case Management/Electronic Case Filing (“CM/ECF”) system. The registration form is simple and will only take a minute to complete.

Most courts have help lines, online tutorials and even short classes for assistance. A good Web site for basic information about the system, registration forms, and participating courts is: www.ilnb.uscourts.gov/cmEcf/.

After the registration form is successfully completed, the court will provide each attorney with a CM/ECF login ID and password. You will not need any special electronic signature software. Instead, CM/ECF users should type “s/” followed by their name on the signature line, eg, s/Jane Doe. This, in combination with your login ID and password, constitutes your signature under Rule 11 of the Federal Rules of Civil Procedure. Special rules may apply for documents with original signatures, eg, affidavits, or documents that must be filed under seal. Details pertaining to such filings can be found in each court's CM/ECF manual.

The CM/ECF system is designed to accept documents only in portable document format (“PDF”), so all filings will have to be converted to PDF before submission. There are several ways to do this, including scanning the document into PDF and various conversion programs. Pay attention to the resulting file size (different methods can yield different file sizes), because some courts have limits on the size of each PDF document. Documents exceeding the court's size limit must be divided and sent as multiple PDF documents.

A certificate of service is required when filing electronically. As with traditional filing, it must state the manner by which service was accomplished on each party. In MDL proceedings where there are thousands of individual cases, counsel must make sure to register in the general MDL proceeding and in the individual cases in which he or she has entered an appearance. Similarly, when preparing a certificate of service, counsel should verify who has registered for electronic service and use alternative service for those who have not registered. The 3-day mail rule provided by Rule 6(e) of the Federal Rules of Civil Procedure typically applies to service by electronic means, but check the local CM/ECF manual to be sure.

There are several benefits to CM/ECF, including better access to documents, more accurate dockets, and reduction in time and expense of filings. The sooner you embrace the CM/ECF system, the sooner you will enjoy these benefits, and the better equipped you'll be to handle what is quickly becoming the preferred method of filing in federal courts.