CM/ECF Attorney Manual - United States Court of Appeals for the
Contents
1. 04 29 2015 JJQ 28 Fourth Circuit CM ECF User Manual I Notice of Docket Activity 1 The Notice of Docket Activity will launch after you complete your filing 2 It is a good practice to save or print the Notice of Docket Activity as proof of filing 3 If you do not receive a Notice of Docket Activity your browser pop up blockers are likely blocking the window from appearing Check PACER to see if the filing is reflected on the docket Follow up with ECF Help Desk at 804 916 2767 if there is a problem Link to docket sheet Link to documents filed in this entry List of case participants served by List of case participants that must be served conventionally 04 29 2015 29 Fourth Circuit CM ECF User Manual J Filing a Multi Part Document When you need to attach exhibits or file a document that is too large to be uploaded as one PDF file follow the steps below 1 04 29 2015 Upload the main document by clickng Browse adding the path to the appropriate file The path to your file will automatically appear in the Document box in CM ECF To ensure that you uploaded the correct file select View to preview the file Press TAB Click Add Another Upload an additional file by clicking the new Browse button that appears Again check to ensure that you are uploading the correct complete file adescription of the second document e g Exhibit in the text box Repeat st2. Each exhibit attachment must be uploaded as a separate PDF file using the Add Another button within a docket entry After uploading the exhibit attachment files use the text box provided to properly describe each file Please see section III J Filing ofa Multi Part Document of this user guide for instructions on uploading multiple PDF files to one entry Previously Filed Exhibits If you wish to refer to exhibits previously filed with the court electronically do not re file them In your document cite the docket entry number file name and page number ofthe exhibit or material being referred to You may include a hyperlink to previously filed documents in addition to a citation In order for hyperlinks to work properly in a PDF file you must publish a document to PDF rather than print In WordPerfect first click File then click Publish to PDF In Microsoft Word you must use Adobe Acrobat Writer or other conversion software that allows you to publish to PDF rather than print to PDF The method for publishing a document to PDF varies depending on which conversion software is used Please refer to the Help portion of your conversion software for questions regarding including hyperlink s 13 Fourth Circuit CM ECF User Manual G Sealed Documents Local Rule 25 a 7 1 04 29 2015 Sealed Material Must be Filed in Accordance with Local Rule 25 c Local Rule 25 c establishes different requiremen
3. amp Replies Argument Notices amp Acknowledgment Judgments Rehearing Petitions amp Answers Bills of Cost amp Objections Other Filings All Attorney Events 04 29 2015 24 Fourth Circuit CM ECF User Manual H Filing a Motion 1 Select the party ies filing the document 2 If the filer is not listed type the name of the party in the text box provided 3 Click Browse to upload the document being filed Please see the Windows Navigation Electronic Learning Module for more information on uploading PDF files 4 When the Select PDF Document box opens from the Look In drop down menu select the folder in which the PDF version of the document being filed is saved 5 Select the file you want to upload to CM ECF 6 Click Open The path to your file will automatically appear in the Document box in CM ECF 7 To ensure that you uploaded the correct file select View to preview the file 8 Scroll down to reveal the remainder of the screen 04 29 2015 25 Fourth Circuit CM ECF User Manual H Filing a Motion Continued 9 10 04 29 2015 JJQ Enter the date of service on opposing parties Select the type of service Select email if any participants are served by email Three days are added for service where service is by email U S mail 34 party or fax Select the relief sought in your motion from the drop down menu Click Apply Your case number s and relief will
4. the case who have registered through CM ECF To access documents in these cases participants must use their CM ECF login and password 04 29 2015 17 Fourth Circuit CM ECF User Manual M Hyperlinks Local Rule 25 a 13 1 04 29 2015 Permissible Hyperlinks Electronically filed documents may contain the following types of hyperlinks a Hyperlinks to other portions of the same document or to other documents filed on appeal b Hyperlinks to documents filed in the lower court that are part of the record on appeal and c Hyperlinks to statutes rules regulations and opinions Standard Citations Required Hyperlinks do not replace citations to the appendix record or legal authority Documents must contain standard citations in support of statements of fact or points of law in addition to any hyperlink Hyperlinks are simply mechanisms for accessing material cited in a filed document and are not considered part of the appellate record Creating a PDF with Hyperlinks In order for hyperlinks to work properly in a PDF file you must publish a document to PDF rather than print WordPerfect versions 9 10 11 and 12 include the capability to convert text documents to PDF by clicking File on the toolbar and then Publish to PDF Microsoft Word 2007 and later has built in PDF conversion software You may also use Adobe Acrobat Pro or download free PDF conversion software from any source of your choosi
5. Added to clarify that non bar members may register for ECF prior to being admitted and that bar applications may be submitted electronically IL B 4 Added information for user to contact PACER Service Center at 800 676 6856 Updated file size limit to 20MB G Added link to attorney event dictionary http ww w ca4 uscourts eo v caseinformationefiling efiling cm ecf filinge vents October 18 2011 Update Summary Updated documentation to reflect that the entry SEALED DOCUMENT OR MOTION is now SEALED DOCUMENT Description of Change IL D 5 Changed SEALED DOCUMENT OR MOTION to SEALED DOCUMENT IL G 4 a Changed SEALED DOCUMENT OR MOTION to SEALED 04 29 2015 iv Fourth Circuit CM ECF User Manual o DOCUMENT 2 4 SEALED DOCUMENT OR MOTION to SEALED DOCUMENT July 5 2011 Update Summary Updated links to PACER sites Updated information regarding motions to withdraw in criminal cases Description of Change Updated to reflect motions to withdraw by counsel in a criminal case that is not a member of the bar or a Fourth Circuit ECF filer maybe submitted outside of ECF II A 4 Table Updated to reflect motions to withdraw by counsel in a criminal case that is not a member of the bar or a Fourth Circuit ECF filer maybe submitted outside of ECF March 29 2011 Update Summary Updated manual to reflect implementation of Pay gov and attorney entry updates Description of Chang
6. Case Manager Error Correction Fourth Circuit Case Manager 04 29 2015 38 Fourth Circuit CM ECF User Manual
7. calendared for argument Paper copies should be mailed or delivered the same day the electronic brief is filed however paper copies of a briefing document will be accepted without a motion if filed no more than one day late Service of courtesy paper copies is not required although counsel may agree to such service File electronically in court of appeals using SEALED BRIEF court access event Paper copies of the sealed brief are filed with the court and served on all parties entitled to access the sealed brief Counsel must also file a certificate of confidentiality for the sealed version of the brief The redacted version of the brief is filed using the BRIEF entry Paper copies of the redacted brief are filed with the court but not served on the parties Fourth Circuit CM ECF User Manual Appendix See Federal amp Local Rules 31 amp 32 amp Local Rule 25 1 0 for complete information Full Electronic Appendix option 1 Appendices must be filed in electronic and paper form Under option 1 appellant files the full appendix in electronic form separately filing any sealed documents as a sealed appendix File 6 paper copies in paper form in court of appeals If the appellant petitioner is proceeding in forma pauperis only 1 paper copy of the appendix is required 3 additional copies are required if the case is tentatively calendared for argument Serve any non ECF users with a full paper appendix Electroni
8. drop into the box below Click Continue 26 Fourth Circuit CM ECF User Manual H Filing a Motion Continued 15 Using the dropdown menus answer the questions appropriately 16 If necessary type your answers to the Additional Information questions 17 Click Continue 18 Click the Back or Cancel buttons if you realize that you have made a mistake The Back button takes you to the previous screen to make changes and continue with the filing The Cancel button will abort your filing and allow you to start over 19 Review the Docket Text 20 Click Continue MOTION filed by Appellant Igor Belyakov in 07 2140 07 2141 to extend filing time For opening brief and appendix until 03 28 2008 Date of service 02 27 2008 07 2140 07 21411 04 29 2015 27 Fourth Circuit CM ECF User Manual H Filing a Motion Continued 21 Review the Event Review box 22 Click Submit WARNING Once you click Submit the entry is final You cannot make any changes after finalizing the entry You can click the Back button to make changes to the filing Eent Review Attention Pressing the SUBMIT button on this screen commits this transaction You will have no further opportunity to modify this transaction if you continue MOTION filed by Appellant Igor Belyakov in 07 2140 07 2141 to extend filing time for opening brief and appendix until 03 28 2008 Date of service 02 27 2008 07 2140 07 2141
9. service must be attached as the final page to all documents filed with the court in accordance with FRAP 25 d To ascertain how service should be accomplished on each party in order to prepare the certificate of service use Attorney Service Preference report within 11 Fourth Circuit CM ECF User Manual p 04 29 2015 JJQ CM ECF See section IV C Attorney Service Preference Report for more information on the report Utilizing the report complete the certificate of service in accordance with the example below a I certify that on the foregoing document was served on all parties or their counsel of record through the CM ECF system if they are registered users or if they are not by serving a true and correct copy at the addresses listed below b A PDF writable certificate of service form is available at http www ca4 uscourts go v pdf certofservice pdf Notice of Docket Activity Constitutes Service on Filing Users The Notice of Docket Activity generated by the court s CM ECF System constitutes service of the filed document on participants served electronically through CM ECF The Notice of Docket Activity will state who has been served electronically through CM ECF Conventional Service Required for Those Not Registered as Filing Users Participants not served through CM ECF must be served conventionally To ascertain how service should be accomplished on each party in order to prepare the certificate of serv
10. volume only on the government and counsel for the named defendant Four paper copies and an electronic copy of sealed volumes of appendix are filed together with certificate of confidentiality Service of paper copies of sealed appendix volumes is required since parties cannot access the electronic version Indicate whether any sealed volumes are included and file 4 copies in paper form of any sealed volumes If the appellant petitioner is proceeding in forma pauperis only 1 paper copy of the sealed appendix is required 3 additional copies are required if the case is tentatively calendared for argument Certificate of confidentiality or motion to seal File electronically in court of appeals also file 4 paper copies with sealed version of brief or sealed volume of appendix Informal briefs File electronically in court of appeals and serve pro se litigants with paper copy Most pro se litigants are not registered as filing users and therefore must be served conventionally Notices regarding availability for argument File electronically in court of appeals Acknowledgments of oral argument File electronically in court of appeals notification Supplemental authorities status reports File electronically in court of appeals memoranda correspondence Petitions for rehearing and rehearing en banc File electronically in court of appeals Bills of cost and objections to bills of cost File electronically in court of appeals Crimi
11. will launch in a new window and display the participant name address and service preference 6 Compose the certificate of service based on the service information provided 7 Close the report window using the X in the upper right corner of the window 04 29 2015 36 Fourth Circuit CM ECF User Manual V QUALITY CONTROL AND ERROR CORRECTION A Quality Control Check for these common mistakes before committing a transaction Are you filing in the correct case Have you chosen the correct event If you are filing a motion have you chosen the correct relief s your PDF document in text format rather than scanned image format Is your PDF document complete and legible Have you uploaded the correct PDF file s s the correct case caption including appellate case number on your document Is a complete certificate of service included Have you redacted any personal identifiers sensitive or sealed information B Error Correction Counsel 1 Correcting an Error BEFORE an Entry is Committed You can correct a mistake any time before you commit a transaction to the docket a Use the BACK button at the bottom of the CM ECF screen to change selections on previous screens b Use the CANCEL button to abort the entry and start over 2 Correcting an Error AFTER an Entry is Committed Contact the Clerk s Office immediately if you discover an error after you commit a filing Only court employees can ma
12. Account Edit My Information At the login prompt enter your Appellate ECF Filer login and password and click Verify Login On the Account Update page select Personal Info Address Updates To add an additional email address select Update Noticing Preferences and enter the email address in the Additional Emails box If you would like more than one additional email address to receive 10 Fourth Circuit CM ECF User Manual notification in your cases list all addresses in the Additional Emails box separated by a comma Click Submit once all additional emails have been added Consequences of Electronic Filing Local Rule 25 a 3 1 Filing Complete at Date and Time Stated on Notice of Docket Activity Electronic transmission of a document to CM ECF together with the transmission of the Notice of Docket Activity from the court constitutes filing of the document Filing must be completed before midnight Eastern Time as shown on the Notice of Docket Activity to be considered timely filed that day Electronic Document is Official Record When a document has been filed electronically the official record is the electronic document stored by the court Counsel must take care to verify the accuracy of the electronic document before committing the transaction to the docket Documents Accompanied by Motions to File or to Extend Filing Time When leave of court or an extension of time is required to file a document counsel files the motio
13. U S COURT OF APPEALS FOR THE FOURTH CIRCUIT Case Management ECF Electronic Case Files ATTORNEY MANUAL April 2015 TABLE OF CONTENTS WHAT S NEW IN THIS UPDATE OF THE USER GUIDE eene il I GETTING S PARTED err Pe 1 POLILIESAND FRUCEDUR ES 2 HOW TO USE THE CM ECF SYSTEM STEP BY 18 REPOR usin 31 V QUALITY CONTROL AND ERROR 36 YL TRAINING AND CERTIFICATION oreren IN A pud Atm am ME cba 21 QUESTION e 37 04 29 2015 i Fourth Circuit CM ECF User Manual WHAT S NEW IN THIS UPDATE OF THE USER GUIDE April 29 2015 Update Description of Change Added court access to al SEALED DOCUMENT SEALED BRIEF and SEALED APPENDIX entry references due to an update to the filing event dictionary December 22 2014 Update Description of Change Revised information regarding number of paper copies of briefs and appendices required when appellant petitioner is proceeding in forma pauperis under Standing Order 14 1 http w ww ca4 uscourts go v doc s rules standingorder14 01 pdf sfvrsnz4 March 1 2014 Update Description of Change ILB 1 c Removed information regarding answering 8 out of 10 questions correctly on the Fourth Circuit Electronic Case Filing Appl
14. blic Version Redact all sealed material from the document and file using the appropriate event for that document H Retention Requirements Local Rule 25 a 8 Electronically filed documents that require an original signature other than that of the Filing User must be maintained in paper form by the Filing User for a period of 3 years after issuance of the court s mandate I Signatures Local Rule 25 a 9 1 2 04 29 2015 Filing User s Login and Password Constitute Signature The Filing User s login and password serve as a signature for all purposes for which a signature is required in connection with proceedings before the court The name of the Filing User under whose login and password the document is filed must be preceded by an 5 and typed in the space where the signature would otherwise appear The Filing User may not permit use of the password by anyone other than an authorized agent Documents Requiring Multiple Signatures Documents requiring signature by more than one party may be filed by i submitting a scanned document with all necessary signatures i representing the consent of the other parties on the 15 Fourth Circuit CM ECF User Manual document ii identifying the parties whose signatures are required and submitting a notice of endorsement within 3 business days or iv any other manner approved by the court Notice of Court Orders and Judgments Local Rule 25 a 10 Immediate
15. c Appendix Excerpt option 2 Under option 2 appellant files an electronic appendix excerpt containing the following excerpts from the appendix e any sealed documents filed as a sealed appendix e any paper documents e any party filings in a social security case e any pertinent opinion findings magistrate report or bankruptcy opinion e the opinion and order being appealed e the notice of appeal The excerpts should appear in the same order and with the same page numbers as in the full paper appendix When the electronic excerpt option is used all references in the brief must be to both the full paper appendix and the docket entry and page number of the district court record JA 81 DE 20 at 5 With the electronic excerpt option 200 additional words are allowed for principal briefs due to the parallel citation requirement File 6 copies in paper form in court of appeals and serve full appendix in paper form If the appellant petitioner is proceeding in forma pauperis only 1 paper copy of the appendix is required 3 additional copies are required if the case is tentatively calendared for argument Sealed Appendix Volumes Sealed record documents that are included in the appendix must be placed in a separate sealed volume of the appendix In consolidated criminal appeals these materials must be separately sealed as to each defendant by marking the volume and envelope as SEALED DEFENDANT S NAME and serving the
16. cations for enforcement petitions for version in PDF form upon request Counsel mandamus or prohibition motions to authorize must serve respondent s case initiating successive habeas petitions documents in hard copy Notice of appeal File electronically in district court 04 29 2015 gt Fourth Circuit CM ECF User Manual Forms required within 14 days of case opening appearance of counsel disclosure of corporate affiliations docketing statement transcript order form Motions responses replies Formal briefs Sealed version of formal briefs 04 29 2015 6 File electronically in court of appeals File electronically in court of appeals Exhibits should be filed as part of the Motion or Response answer event Exhibits that were filed in district court as PDF text documents should be downloaded from the district court docket and included as PDF text exhibits with the motion or response Exhibits must be clearly identified by letter or number EXCEPT motions to withdraw in criminal cases when counsel is not a Fourth Circuit ECF filer and or a member of the court s bar Please contact the Fourth Circuit ECF help desk at 804 916 2767 for filing instructions File electronically in court of appeals using BRIEF event also file 8 copies in paper form If the appellant petitioner is proceeding in forma pauperis only 1 paper copy of the brief 15 required 3 additional copies are required if the case is tentatively
17. ce generated automatically by the CM ECF System at the time a document is filed electronically The notice sets forth the date and time of filing the party filing the document the text of the docket entry created by the filing a hyperlink to the PDF document filed and the names of the participants served by email and U S mail It is a good practice to save or print the Notice of Docket Activity as proof of the filing PACER Public Access to Court Electronic Records is an automated system that allows subscribers to view print and download court docket information and documents over the Internet The PACER systems allows case participants one free look at documents served electronically The NDA for each filing will contain a hyperlink to the document s filed The document should be saved or printed when it is first opened from the NDA Subsequent electronic access to the document or electronic access to the docket through PACER will be billed by the PACER Service Center at 0 10 page with a maximum charge of 3 00 per document No biling is done by the PACER Service Center until a user s charges exceed 15 in a year PDF Portable Document Format means that the document s format is device independent resolution independent and fixed layout The document can be viewed as created regardless of the software that created it because PDF files do not encode information that is specific to the application software used to create the docum
18. d to PDF you can begin the filing process 04 29 2015 22 Fourth Circuit CM ECF User Manual Open Docketing 1 Click on Filing in the toolbar at the top of the CM ECF screen 2 Click on Filea Document F Access Your Case Enter the appellate case number 2 Press the TAB key on your keyboard 3 Check to ensure that the correct case number and short title appear at the top of the screen and in the Case Information box 4 If the case number you entered is consolidated or a cross appeal all associated cases will appear in the Case Information box Your filing will be applied to all cases listed 5 Click Continue Forms Notices 8 Filing Fees Motions Responses amp Replies Briefing Documents Argument Notices amp Acknowledgment Judgments Rehearing Petitions amp Answers Bills of Cost amp Objections Other Filings All Attorney Events 04 29 2015 23 Fourth Circuit CM ECF User Manual G Select Event Group and Event NOTE complete list of event groups and associated events is available at http www ca4 uscourts go v caseinformationefiling efiling cm ecf filinge vents 1 Select the appropriate Event Group from the left hand box In this example Motions Responses amp Replies 2 Select the event you want to file from the right hand box In this example Motion 3 Click Continue Forms Notices 8 Filing Fees Motions Responses
19. d with a docket entry click the document number located between the date and docket text 11 Click Logout to exit PACER reports 04 29 2015 33 Fourth Circuit CM ECF User Manual B PACER Advanced Search Use the Advanced Search option within PACER reports if you would like to conduct a search of the court s docket to identify cases from a specific lower court cases docketed within a certain time frame ora particular type of case 1 Click on Reports after logging mto CM ECF 2 Click on PACER Report The PACER Report window will launch in a separate window 3 Click Advanced Search 04 29 2015 34 Fourth Circuit CM ECF User Manual 4 Select one or more search criteria 5 Click Search 6 Click on the appellate case number to view the docket report for a specific case 7 Click Logout to exit PACER reports 04 29 2015 35 Fourth Circuit CM ECF User Manual C Attorney Service Preference Report A Certificate of Service must be the final page of each document filed in accordance with FRAP 25 d Follow the steps below to access the Attorney Service Preference Report in CM ECF to easily identify case participants service preference NOTE Your internet browser Pop up Blocker MUST be turned off to utilize the Attorney Service Preference Report 1 After logging into CM ECF click on Reports 2 Click on Attorney Service Preference Report Enter the case number 4 Click Submit 5 The report
20. date of service A paper that is served electronically is not treated as delivered on the date of service E Entry of Court Issued Documents Local Rule 25 5 Court orders opinions judgments and other documents are filed electronically Documents filed electronically without an original signature have the same effect as if the judge or clerk signed a paper copy F Attachments and Exhibits to Motions and Original Proceedings Local Rule 25 a 6 l 04 29 2015 JJQ Electronic Filing Required All attachments and exhibits to motions responses and original proceedings must be filed in electronic form unless otherwise ordered by the court Text PDF Required Documents must be filed in electronic text PDF Text PDF files are text searchable and smaller in file size If the text PDF version of a document is unavailable e g the document was not created by counsel and was not filed as a text PDF in the lower court the document may be filed as a scanned PDF All formal briefs must be text searchable File Size Documents filed with the court electronically are limited to 50 megabytes per uploaded file More than one file may be uploaded to a particular entry Please see section J Filing of a Multi Part Document of this user guide for instructions on uploading multiple PDF files to one entry Separately Numbered or Lettered Exhibits Any exhibits or attachments toa document must be clearly identified by letter or number
21. e IL A 4 2 Updated to reflect that case initiating documents may be submitted electronically II A 4 Table Added Application for Admission to Bar information updated information regarding case initiating document submission ILB I Updated to reflect attorneys may file bar application electronically 1 0 Added information on Fourth Circuit Electronic Case Filing Application B 1 d Updated court ECF account approval process information Updated information regarding case initiating documents Updated attorney filing entries removing word Filed from entry title Updated screen shots to ensure they match the current database configuration 04 29 2015 V Fourth Circuit CM ECF User Manual I GETTING STARTED A Definitions 1 04 29 2015 Electronic Filing The process of uploading a document from the filer s computer using the court s Internet based Case Management Electronic Case Filing System CM ECF to file the document in the court s case file The CM ECF System accepts documents only in Portable Document Format PDF Filing User An individual who has login and password to file documents electronically using the court s CM ECF System Because an individual can use the same login and password to file in any federal appellate court in which the individual has registered the terms Appellate Filer and Appellate ECF Filer are also used Notice of Docket Activity NDA A noti
22. ened unless counsel applies for and the court grants an exemption for good cause shown in a particular case Pro se litigants generally file documents conventionally A pro se litigant may however request permission to file documents electronically in an individual case upon a showing that the litigant has satisfied the requirements for registration as a Filing User 4 Specific Documents All documents filed by counsel of must be filed electronically in PDF format textPDF if available except that 1 Formal briefs and appendix are filed in electronic AND paper form 2 Case initiating documents such as petitions for review and petitions for permission to appeal may be submitted electronically or in paper form Counsel must serve respondent s case initiating documents in hard copy For more information on submitting case initiating documents electronically see eFiling CM ECF 3 CJA and other payment vouchers are filed in paper form only 4 Motions to withdraw in criminal cases when counsel is not a Fourth Circuit ECF filer and or a member of the court s bar Please contact the Fourth Circuit ECF help desk at 804 916 2767 for filing instructions Type of Document How to File Application for Admission to the Bar Submit electronically or by mail Case initiating documents petitions for Submit electronically or file original in paper permission to appeal petitions for review form in court of appeals provide electronic text appli
23. ent WordPerfect versions 9 10 11 and 12 include the capability to convert text documents to PDF by clicking File on the toolbar and then Publish to PDF Microsoft Word 2007 and later has built in PDF conversion software You may also use Adobe Acrobat Pro or download free PDF conversion software from any source of your choosing Refer to the Help option in your conversion software for instructions on converting documents to PDF 1 Fourth Circuit CM ECF User Manual Appellate CM ECF includes a utility that allows users to check PDF documents for compliance prior to filing To access the utility login to CM ECF select Utilities Check PDF Document Notice for Cases of Interest Update My Account Pay Fees Submit New Case e The Select the File to Inspect for PDF Filing Requirements box will appear Select the file to be checked Select Open A message will appear indicating if the file format is acceptable not NOTE The Check PDF Document utility does not check for file size which must be less than 50MB or text searchability of briefs Interactive on line training on converting Word or Word Perfect Documents to PDF is available at http w ww pacer go v ecfcbt dc ccenvtpdf 04 29 2015 2 Fourth Circuit CM ECF User Manual There are two types of PDF files Whenever possible text PDF files must be used a Text PDF Electronically converted PDF documents are created from word proces
24. eps 3 5 until all files are uploaded Continue with the docket entry 30 Fourth Circuit CM ECF User Manual K Logout When you are finished filing click Logout and Logout CM ECF to exit CM ECF Forms Notices amp Filing Fees Motions Responses amp Replies Briefing Documents Argument Notices amp Acknowledgment Judgments gt Rehearing Petitions amp Answers Bills of Cost amp Objections Other Filings Attorney Events 04 29 2015 31 Fourth Circuit CM ECF User Manual IV REPORTS A PACER Docket Report If you want to view the PACER docket report 1 Click on Reports after logging into CM ECF 2 Click on PACER Report The PACER Report screen will launch in a separate window 3 Type the case number of the docket sheet you wish to view 4 If you want to search by name rather than case number select party or attorney and enter the name 5 Click Search 6 Click on the appellate case number to view the appellate docket report 7 Click on the originating case number to link to the district court docket 04 29 2015 32 Fourth Circuit CM ECF User Manual 8 The PACER docket report will include docket information and recent docket activity 9 If you wish to view the full docket report click the Full Docket button at the top of the screen You will be charged the standard PACER rate of 0 10 per page 10 To view the document s associate
25. gin c lie nt mac OR Word Processing Software Word Perfect Microsoft Word or any other word processing software that will allow you to convert text documents to PDF Internet Service Provider and Web Browser CM ECF has been certified to work with Mozilla Firefox versions 3 0 or higher and Internet Explorer versions 6 0 or higher Email Account You may register more than one email address for receipt of Notices of Docket Activity The address es must be regularly monitored as your only notification of case activity will be via email Notices of Docket Activity will be sent from the court s ECF System Counsel must ensure that the spam filter operation on the network and computer receiving the email are set to allow notices from ecfnoticing ca4 uscourts gov The size of your email account must be sufficient to receive Notices of Docket Activity from the ECF System ECF related email may exceed the size allocated for free email accounts In general an account with storage space of at least 100 megabytes is sufficient PDF Conversion Software WordPerfect versions 9 10 11 and 12 include the capability to convert text documents to PDF by clicking File on the toolbar and 3 Fourth Circuit CM ECF User Manual 6 7 04 29 2015 then Publish to PDF Microsoft Word 2007 and later has built in PDF conversion software You may also use Adobe Acrobat Pro or download free PDF conversion software from any source of your ch
26. h Circuit Bar you will be able to file documents via CM ECF immediately If you are not yet a member of the Fourth Circuit Bar you must submit your Application for Admission to Practice before you will be able to file electronically Once your ECF account 9 Fourth Circuit CM ECF User Manual 04 29 2015 is active you may submit your Application for Admission to Practice via CM ECF Please review the Court s web page for instructions on submitting your application electronically Once your application has been processed you will receive an email indicating that you are a member of the bar and electronic filing will be enabled for your ECF account Pro Se Litigants Pro se litigants generally do not file documents electronically However a pro se litigant who is a party in a case before the court may request permission to file documents electronically in that case To request permission the pro se litigant should register with PACER as a pro se Appellate Filer complete the Fourth Circuit Electronic Case Filing Application and file a motion for leave to file documents electronically in a case pending in the Fourth Circuit The court will terminate a pro se party s Filing User status upon the termination of the case or termination of the party s pro se status Registration Constitutes Consent to Electronic Service Completion of the Appellate Filer registration constitutes consent to electronic service of documents through CM ECF Passw
27. ication November 9 2012 Update Description of Change 1 7 Updated to indicate that Java 7 is compatible with the current version of CM ECF October 16 2012 Update Description of Change B 2 Replaced Training Requirements with Fourth Circuit Electronic Case Filing Application Updated Training Information Updated screen shots to reflect current category selections 04 29 2015 li Fourth Circuit CM ECF User Manual July 2 2012 Update Summary Updated information to reflect July 2 2012 Local Rule 25 amp 32 b amendments and other technical updates required to be filed with the court Throughout Updated to refer to Local Rule 25 a which supersedes Administrative Order 08 01 March 30 2012 Update Description of Change Updated PACER fee information T Update PACER fee information March 20 2012 Update Description of Change Added information regarding filing when technical difficulties are 04 29 2015 iil Fourth Circuit CM ECF User Manual January 30 2012 Update Description of Change E Added information regarding Checking PDF Documents utility December 12 2011 Update Description of Change Updated information regarding CM ECF and Apple Macintosh Computers Added that Appellate CM ECF does not currently work with Java 7 IL A Added to clarify that service of initiating documents submitted electronically must be served conventionally
28. ice use Attorney Service Preference report within CM ECF See section IV C Attorney Service Preference Report for more information on the report Conventional Service Required for Sealed Documents The events used to file sealed documents SEALED BRIEF court access all formal sealed briefs electronic amp paper form SEALED APPENDIX court access and SEALED DOCUMENT court access restrict electronic document access to court users only Therefore conventional service must be used for all sealed briefs and other sealed documents Conventional Service Required See examples below a Case Initiating Documents File original in paper form in court of appeals or submit electronically All case initiating documents must be served conventionally b Appendix File electronically using Appendix electronic amp paper format File 6 copies in paper form 5 if counsel was appointed 4 copies of any sealed volumes with the court of appeals If the electronic appendix excerpt option is selected the full appendix in paper form must be served on opposing counsel All SEALED volumes of an appendix must be served conventionally Three Days Added to Prescribed Period if Service was by Electronic Means Under FRAP 26 c when a party is required or permitted to act with a prescribed period after a paper is served on the party 3 calendar days are added unless the 12 Fourth Circuit CM ECF User Manual paper is delivered on the
29. in 20 Fourth Circuit CM ECF User Manual C Preparing a Certificate of Service A Certificate of Service must be the final page of each document filed in accordance with FRAP 25 d Follow the steps below to access the Attorney Service Preference Report in CM ECF to easily identify how case participants should be served NOTE Your internet browser Pop up Blocker MUST be turned off to utilize the Attorney Service Preference Report 1 After logging into CM ECF click on Reports 2 Click on Attorney Service Preference Report Enter the case number 4 Click Submit 5 The report will launch in a new window and display the participant name and service preference A Service Preference of Email indicates that the user is an ECF participant 04 29 2015 21 Fourth Circuit CM ECF User Manual 6 Using the service information provided by the report complete the certificate of service in accordance with the examples below a Certificate of Service When All Case Participants Are CM ECF Participants and No Conventional Service is Required I hereby certify that on date I electronically filed the foregoing with the Clerk of court using the CM ECF System which will send notice of such filing to following registered CM ECF users b Certificate of Service When Conventional Service is Required e g Sealed Documents Appendices I hereby certify that on date I electronically filed the foregoing document for which con
30. ited to the court sealed documents must be served conventionally on participants in the case Formal Briefs Sealed Version amp Public Version in Paper amp Electronic Form a Sealed Version Mark the cover of the sealed version ofthe brief SEALED highlight all sealed material in the brief and file the sealed version using the entry SEALED BRIEF court access all formal sealed briefs electronic amp paper form Also use Certificate of confidentiality to file a certificate of confidentiality if all material was sealed in district court or consists of personal data identifiers Use Motion seal if requesting the sealing of new material on appeal In addition to the electronic copies 4 paper copies of the sealed version ofthe brief and either the certificate of confidentiality or motion to seal must be filed in envelopes marked SEALED The sealed version of the brief must be served on opposing counsel conventionally since the SEALED BRIEF entry automatically restricts electronic document access to court users b Public Version Redact all sealed material from brief and file using entry BRIEF Also file 8 paper copies of public version of brief 6 if counsel was court appointed 14 Fourth Circuit CM ECF User Manual 3 Appendices Sealed amp Unsealed Volumes in Electronic and Paper Form Local Rule 25 c a Sealed Volume Sealed record material is segregated from unsealed record material and placed in a sealed volume
31. ke changes and corrections once the Notice of Docket Activity has been transmitted C Error Correction Clerk s Office 1 Your case manager will review your docket entry and edit it if necessary 2 Your case manager will review your filing and request that you correct the filing in the following situations a The document contains sealed information but was not filed using the SEALED BRIEF court access SEALED APPENDIX court access or SEALED DOCUMENT court access event b The document is incomplete or illegible c The document was filed as a scanned image PDF rather than a text PDF d The wrong document was attached e The filing was made in the wrong case f The document does not comply with the court s rules and procedures 04 29 2015 JJQ 37 Fourth Circuit CM ECF User Manual VI TRAINING AND CERTIFICATION A Training On line Training The Attorney ECF On line Training is a short instructional video available on the court s Web page Additional Electronic Learning Modules ELMs are available on the Fourth Circuit website The ELMs offer step by step interactive traming on CM ECF filing VII QUESTIONS PACER Registration PACER Service Center e 800 676 6856 pd e http www pacer go v CM ECF Filer Registration PACER Service Center e http ww w pacer gov Technical Questions PACER Service Center e http www pacer go v Certification Questions 804 916 2767 Policy Procedure and Filng Fourth Circuit
32. ly upon entry of an order judgment oropinion the clerk will electronically transmit a Notice of Docket Activity to Filing Users which will constitute the notice and service required by FRAP 36 b and 45 c Technical Failures Local Rule 25 a 11 A party or attorney adversely affected by a technical failure in connection with filing or receipt of an electronic document may seek relief by appropriate motion For example Motion extend filing time If technical difficulties arise on our end or yours documents may be emailed to the clerk s office at 4cca filing ca4 uscourts gov When sending documents to the court s email account include the case number and title in the subject line of the message In the body of the email please explain the difficulty encountered Public Access Local Rule 25 a 12 1 Information Publicly Available on Internet Parties should exercise caution with regard to any sensitive personal data in filings and counsel should notify their clents that filings will be made available over the internet so that an informed decision can be made about what information to include The clerk will not review filings for redaction or sealing 2 Redaction Requirement Parties must redact the following personal data identifiers as required by FRAP 25 a 5 a Social security numbers If an individual s Social Security number must be included only the last four digits of that number should be used b Names of
33. minor children If the involvement of a minor child must be mentioned only the initials of that child should be used c Dates of birth If an individual s date of birth must be included only the year should be used d Financial account numbers If financial account numbers are relevant only the last four digits of these numbers should be used e Home addresses In criminal cases if a home address must be included only the city and state should be listed 3 Exemptions from Redaction Requirement The federal rules exempt the following documents from the redaction requirement the account number or address of property subject to a forfeiture action state court records agency records court records that were not subject to redaction requirements when created filings in social security and immigration cases pro se filings in 28 U S C 2241 2254 or 2255 cases and documents preceding the charging document the charging document the arrest warrant and the search warrant in a criminal case 04 29 2015 16 Fourth Circuit CM ECF User Manual 4 Immigration and Social Security Cases In accordance with FRAP 25 a 5 and Rule 5 2 c of the Federal Rules of Civil Procedure remote public access to electronic documents in immigration and social security cases is limited to court s orders and opinions Remote electronic access to other documents in immigration and social security cases is available only to parties and attorneys in
34. n using the appropriate motion event and the document using the appropriate document event Ifthe motion is granted the document is deemed filed If the motion is denied the court will strike the underlying document See examples below a Use Motion extend filing time opening brief to file the motion Use BRIEF all formal non sealed briefs electronic amp paper form to file the brief If the court denies the motion it will strike the brief If the court grants the motion the brief will remain on the docket b Use Motion file supplemental appendix to file the motion Use Appendix electronic amp paper format and select the supplemental modifier to file the electronic supplemental appendix File 6 copies 5 if counsel was appointed in paper form in court of appeals If the court denies the motion it will strike the appendix Ifthe court grants the motion the appendix will remain on the docket D Service of Documents by Electronic Means Local Rule 25 a 4 l 04 29 2015 JJQ Service of Electronic Documents Conventional service is required only on case participants who were not served electronically through CM ECF as identified on the Notice of Docket Activity except for case initiating documents which must be served conventionally and if the electronic appendix excerpt option is selected the full appendix in paper form must be served on opposing counsel Preparing Certificate of Service A certificate of
35. nal Justice Act and Assigned Counsel Send to court of appeals in paper form Vouchers vouchers are not filed as part of the case file but instead are maintained as financial records 04 29 2015 8 Fourth Circuit CM ECF User Manual B Eligibility Registration Passwords Local Rule 25 a 2 l 04 29 2015 JJQ Attorneys Attorneys who intend to practice in the court should register as Filing User of the court s CM ECF System Counsel who are not yet members of the Fourth Circuit bar have limited access to CM ECF Non bar member ECF accounts do not have access to filing in cases but users can submit their Application for Admission to Practice electronically Fourth Circuit bar members will have access to filing in ECF upon activation of their account Follow the steps below to register as an ECF filer and if necessary apply for membership to the court s bar a Register with PACER for a PACER account If you or your law firm has not previously obtained a PACER account used to view documents you must obtain a PACER account Register for a PACER account at the PACER Registration web site CM ECF allows afiling attorney to permanently associate a PACER login with an ECF filing login The ECF filing login and PACER login become associated by selecting Utilities Manage My Account and checkingMake this my default PACER Login onthe PACER login screen When the two accounts are associated each time the attorney logs in to file a d
36. ng Refer to the Help option in your conversion software for instructions on converting documents to PDF Interactive on line training on converting Word or Word Perfect Documents to PDF is available at http ww w pacer go V ecfcbt dc cccnvtpd f 18 Fourth Circuit CM ECF User Manual HOW USE THE CM ECF SYSTEM STEP BY STEP NOTE Electronic Learning Modules ELMs are available on line for step by step interactive training at www ca4 uscourts gov CMECF_ELMs LessonsMenu html A Accessing the CM ECF System 1 Use Mozilla Firefox 3 0 or higher or Internet Explorer 6 0 or higher to access the Fourth Circuit Court of Appeals CM ECF website at http www ca4 uscourts gov then CM ECF Docket 2 Click the appropriate log in link to begin filing on a PC or Mac computer If you want to view previously filed documents click the PACER link 4 If you need to update your personal information or password click Register Retrieve Password under Registration Password Retrieval 04 29 2015 19 Fourth Circuit CM ECF User Manual B Login to CM ECF After clicking CM ECF Login the CM ECF login screen will appear Note Your login and password are case sensitive 1 04 29 2015 9 Review the notices listed on the login screen Check the box to indicate that you have read and understand the redaction notice Enter your ECF Filing User login Enter your ECF Filing password Client Code is optional Click Log
37. ocument the system also logs the attorney in as a PACER customer If you are a CJA attorney or Trustee and have two PACER accounts you must switch between PACER accounts based on the type of work being performed To remove a default PACER account first log on to Fourth Circuit CM ECF Select Utilities Manage My Account Select the Remove the default PACER Login checkbox and click the Apply button Register with PACER for Appellate Filer Account An Appellate Filer account is required to file documents through CM ECF An ECF account is also required to view documents in social security and immigration cases in which you are participating Register for an appellate filer account at the PACER Service Center Appellate ECF Filer Registration website https www pacer go v psco c gi bin c mecf ea regform pl Complete Fourth Circuit Electronic Case Filing Application The court requires that you complete the Fourth Circuit Electronic Case Filing Application Detailed information regarding electronic filing policies and procedures can be found in Local Rule 25 our Attorney ECF On line Training or this user manual Court Approval Process Once the court receives your ECF registration and Fourth Circuit Electronic Case Filing Application your account will be activated within 24 hours You will receive an automated email from the PACER Service Center indicating that your ECF account is active If you are a member in good standing of the Fourt
38. of the appendix and filed electronically using the SEALED APPENDIX court access entry A certificate of confidentiality is filed electronically stating that the material was sealed in the lower court The sealed volume of the appendix must be clearly marked SEALED on the cover Four paper copies of the sealed volume are filed with 4 copies of the certificate of confidentiality in envelopes marked SEALED Unsealed Volumes All material not sealed below is included in the unsealed volumes of appendix and filed using the Appendix electronic amp paper format entry Six paper copies of the unsealed volumes of the appendix are filed 5 if counsel was court appointed If the electronic appendix excerpt option is used the full paper appendix must be served on opposing counsel 4 Other Documents Sealed Version amp Public Version in Electronic Form a Sealed Version Mark the first page of the document SEALED highlight all sealed material in the document and file using the entry SEALED DOCUMENT court access Also use Certificate of confidentiality to file certificate of confidentiality if all material was sealed in district court or consists of personal data identifiers Use Motion seal requesting the sealing of new material on appeal The sealed version of the document must be served on opposing counsel conventionally since the SEALED DOCUMENT court access entry automatically restricts electronic document access to court users Pu
39. oosing Refer to the Help option in your conversion software for instructions on converting documents to PDF Interactive on line training on converting Word or Word Perfect Documents to PDF is available at http www pacer go v ecfcbt dc cccnvtpdf Scanner Use a scanner ONLY if you do not have access to an electronic version of the document that would enable you to prepare a text PDF Paper documents should be scanned into PDF image format at 300dpi with a black and white setting Java Runtime Environment JRE Java is required for CM ECF to operate on your computer Java 7 is compatible with the current version of Appellate CM ECF For information related to Macintosh computers see item 1 4 Fourth Circuit CM ECF User Manual POLICIES AND PROCEDURES Local Rule 25 A Scope of Electronic Filing Local Rule 25 a 1 1 Effective Date Electronic filing for attorneys began on April 1 2008 and became mandatory on June 1 2008 2 Service of Electronic Documents Conventional service is required only on those case participants who were not served electronically through CM ECF as identified on the Notice of Docket Activity Any case initiating documents for petitions for review and petitions for permission to appeal submitted electronically must be served conventionally 3 Persons Covered All attorneys filing documents in the Fourth Circuit must file electronically using CM ECF regardless of when the case was initially op
40. ords Your appellate ECF Filer login and password constitute your official signature on all documents filed using that login and password a Security Filing Users agree to protect the security of their passwords Contact the PACER Service Center and the clerk immediately if you learn that your password has been compromised b Changing your Password Login to the PACER Appellate Filer Account Update site to change your password c Forgotten Password If you forget your password you can retrieve it electronically through the Pacer Service Center Forgotten Password Request website You will need your account ID security question answer and the email address and phone number associated with your account The court cannot provide your password or re set your password Please contact the PACER Service Center at 800 676 6856 for password assistance d Delegation of Authority to Use Login and Password You may allow a secretary paralegal or other authorized person to use your login and password to file documents on your behalf Remember that your login and password constitute your signature regardless of whether you personally use them or you delegate that authority to someone else e Additional Email Recipients A secondary account can be added at the time of registration for a login and password If the account has already been created you can update your account after logging into Fourth Circuit CM ECF by selecting Utilities Update My
41. sing documents MS Word WordPerfect etc using Adobe Acrobat or similar software Text PDF documents are text searchable and their file size is small Text PDF documents up to 50 megabytes can be uploaded as file documents of larger size should be split into separate files with appropriate identification Up to 250 megabytes can be uploaded per docket entry b Scanned Image PDF Scanned image PDF documents are created by putting paper documents through an optical scanner Scanned image PDF documents are not text searchable and have a large size If a scanned image PDF must be created because the electronic document is unavailable the paper document should be scanned at 300dpi with the black and white setting Scanned image PDFs up to 50 megabytes can be uploaded as one file documents of larger sizes should be split into separate files with appropriate identification Up to 250 megabytes can be uploaded per docket entry B Hardware and Software The following hardware and software are needed for CM ECF 1 04 29 2015 Computer personal computer running Windows with Internet Explorer 6 0 or higher or Mozilla Firefox 3 0 or higher OR e Mac users running Snow Leopard or higher may utilize the standard CM ECF login page to access the system OR Mac users running Leopard must log into Fourth Circuit CM ECF via a special web link https ecf ca4 usco urts go v c mecf servlet TransportRoom servlet Lo
42. ts for the filing of material under seal a Certificate or Motion If the material was sealed in the lower court or is a personal data identifier required to be sealed by federal rule the material may be sealed by filing a certificate of confidentiality Ifthe party is requesting that material be sealed for the first time on appeal the party must file a motion to seal rather than a certificate of confidentiality b Appendix Volumes and Brief Versions If the sealed material is part of the appendix it should be separated from the unsealed portions of the appendix and filed as a separate sealed volume of the appendix using the SEALED APPENDIX court access entry If the sealed material is referred to in a brief or other document two versions of the brief or other document must be filed a sealed version with the sealed material highlighted and a public version with the sealed material redacted c Electronic and Paper Briefs Since counsel must file electronic and paper versions of formal briefs if a formal brief refers to sealed material counsel must file an electronic and paper version of the sealed brief and an electronic and paper version of the public brief d Electronic Documents Since other documents are filed in electronic form only if a document contains sealed material counsel must file a sealed version and a public version in electronic form only e Conventional Service Since electronic access to sealed documents is lim
43. ventional service is required with the Clerk of court using the CM ECF System which will send notice of such filing to the following registered CM ECF users Ifurther certify that on date I have mailed the foregoing document by First Class Mail postage prepaid to all case participants atthe following addresses c Certificate of Service When Not All Case Participants Are CM ECF Participants I hereby certify that on date I electronically filed the foregoing with the Clerk of court using the CM ECF System which will send notice of such filing to the following registered CM ECF users Ifurther certify that on date I have mailed the foregoing document by First Class Mail postage prepaid to the following non CM ECF participants addressed as follows D Convert a Document to PDF Interactive on line training on converting Word or Word Perfect Documents to PDF is available at http w ww pacer go v ecfcbt dc cccnvtpdf WordPerfect versions 9 10 11 and 12 include the capability to convert text documents to PDF by clicking File on the toolbar and then Publish to PDF Microsoft Word 2007 and later has built in PDF conversion software You may also use Adobe Acrobat Writer or download free PDF conversion software from any source of your choosing Interactive on line traming on converting Word or Word Perfect Documents to PDF is available at http www pacer go v ecfcbt dc cccnvtpdf Once your document has been converte
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