You are here

Tips for Filing

Preparing Document for Filing Electronically

Attorneys create documents on their own computers just as they do now. However, instead of printing the documents on paper and delivering them to the Court, the attorneys sign the documents with an “s/your typed name”, and saves the documents in a portable document format (PDF) that allows other system users to view the documents in their original format, regardless of the type of computer or word processing system that was used to create the documents or that is being used to view them.

NOTE: Documents not created on a computer may also be filed electronically, but must be converted to PDF format in a different way. Paper documents that did not originate in the attorney’s office may be converted to PDF format by using a scanner.

Review your PDF format document prior to filing to make sure:

  • Signature Blocks
    From time to time, filers will forget to add their “s/your typed name” to the signature block of the document as set out in the Administrative Procedures for Electronic Case Filing. In other instances, the name in the signature block does not match the login for the attorney actually filing the document. The two must match since it is the login and password that serve as the signature on the document for Rule 11 purposes.
  • Documents must be filed in segments no larger than Thirty-Five megabytes
    Documents over thirty-five megabytes will be rejected by CM/ECF. As a rule of thumb, the thirty-five megabyte limit will not likely affect Word or Word Perfect documents containing double-spaced, plain, typed text that have been converted to PDF. Documents larger than thirty-five megabytes must be broken into separate PDF’s of thirty-five megabytes or less. With a single document, such as a memorandum or brief, the first thirty-five megabyte increment would be filed as the main document, and each thirty-five megabyte increment remaining will be filed as attachments to the main document. Conversely, attachments may be combined into increments of thirty-five megabytes or less, with the attorney using the description section of the attachment page to set forth a full description of the collective attachments. Filing related attachments without combining them simply creates work for yourself and inflates PACER charges.
  • Do not combine documents
    Do not file a motion and the memorandum in support as a single document. These are two separate filings. Do not combine an Answer to a Complaint and a Motion to Strike. You may file a motion with more than one relief sought, but be sure that you select each relief code from the relief code list. When done correctly, both relief codes will appear in your final docket text screen.
  • Locking or "flattening" a PDF fillable form
    When using a PDF fillable form, the user must lock or "flatten" the PDF document after completing the form fields to ensure the document can be viewed on all devices and to prevent other users from manipulating or editing the information. The document filed and stored in CM/ECF cannot be altered once it has been filed; however, flattening the form will prevent any user from saving the document and editing the form fields. However, if a document is created in Word and redacted in Word, it is possible to view the redacted words after that document has been converted to a PDF document. Users must redact in Adobe, not Word.

    Follow the steps below to "flatten" a completed PDF fillable form:

    1. Open fillable form.
    2. Add appropriate data.
    3. Right click on document and select Print. NOTE: if document opens in Adobe, Select File and select Print.
    4. Select the PDF printer. (The Adobe PDF printer is installed automatically with Adobe Acrobat. Numerous free PDF printer drivers are available for download from the Internet.)
    5. Select OK.
    6. Specify location to save the printed, "flattened" version of the form.
    7. Select Save.
    8. File the "flattened" form in CM/ECF.

Filing Electronically

After logging onto the Court’s web site, attorneys will access the Court’s filing system (CM/ECF) by entering his or her PACER login and password. While logged into the database, the attorney communicates directly with the Court’s computerized filing system rather than going through the Clerk’s Office personnel. Once the document is received by the Court, the electronic filing system will:

  • Send a receipt known as a Notice of Electronic Filing (NEF) to the sender, verifying that the document has been received
  • Update the docket sheet
  • Make the updated docket sheet and the document available to anyone with access to the system
  • Send an NEF to all parties who have agreed to receive electronic notices

Filing Joint Motions or Other Joint Documents

When filing a Joint Motion or other document on behalf of your client and other parties, you will only be able to select the party your attorney is associated with. Upon review of the document, the Clerk's Office will be sure to add all parties who have signed the joint motion or other document.

Certificate of Service in Lieu of Discovery

When filing the Certificate of Service in lieu of discovery, be sure to describe what discovery was served. In other words, “discovery material” alone is not sufficient. You may use one Certificate of Service to denote service of numerous discovery requests or response, just make sure you list them all in the text box when it displays.

Returns of Service

When filing any document in the Service of Process category, you must scan all documents related to the service, including any affidavits completed by the process server and any green return receipt cards from certified mailings.

What Attorneys Cannot Accomplish Alone

  • Attorneys cannot add new parties to cases, therefore, they must work with a deputy clerk in the Clerk’s Office to file a Motion to Intervene, a Third-Party Complaint, an Amended Complaint which adds parties, and any other pleading document which would require the addition of parties to the case. Call the Clerk’s Office prior to the time you will be filing these documents so the new party names may be added to the database.
  • Attorneys cannot correct any mistakes or errors made once the filing has been completed and an NEF has been produced.

What do I need to file a new civil action?

For electronically filing (in a shell case) a civil case that originates with a complaint, you will need the following:

Upon initial receipt, the Clerk’s office will complete the process of opening the case and will e-mail the filing attorney the filed date, the assigned case number, and the receipt number for the filing fee. The Clerk of Court will sign and seal the summons form, and make available in electronic format. In limited circumstances the Clerk's Office may mail the signed and sealed summons when requested.

For electronically filing (in a shell case) a civil action that originates with a Notice of Removal, you will need the following: