E-Filing in Federal District Court Checklist

This checklist will help counsel prepare to electronically file (e-file) documents using the Case Management/Electronic Case Files (CM/ECF) system in federal district court.

This checklist discusses obtaining CM/ECF access and notifications, formatting documents for e-filing, e-filing using CM/ECF, handling e-filing difficulties, and confirming electronic service. This checklist also identifies post-filing best practices.

Review Relevant Rules and Orders

Understand that the specific e-filing process varies by court, so prepare for e-filing by reviewing:

• The court’s local civil rules and Case Management/Electronic Case Filing (CM/ECF) procedures to identify, for example:
  • who can e-file, what documents to e-file, and when to e-file (see Know the Filing Basics, below) and
  • its formatting requirements (see Format Documents for E-Filing, below).
• The court’s other e-filing resources, for example:
  • a CM/ECF user manual; or
  • an e-filing frequently asked questions (FAQ) guide.
• The district judge or magistrate judge’s individual practices, which may require, for example, parties to e-file documents by close of business or motions in a bundle.

Obtain CM/ECF Access and Notifications

• Determine whether the court requires counsel to use:
  • court-specific CM/ECF credentials; or
  • NextGen CM/ECF credentials.
• Obtain the requisite credentials, if needed.
• Link counsel’s account to a case docket to receive electronic service when a party e-files or the court posts a notice (see Confirm Electronic Service, below).
• Add other email addresses to counsel’s account, if desired (such as for support staff to receive notifications).
• Where counsel are admitted pro hac vice, know that courts generally permit them to receive electronic filing notifications but do not allow them to e-file.

Know the Filing Basics

E-file:

• Using the signing attorney’s credentials or allow an authorized agent to e-file using their credentials.
• All documents unless an e-filing exception exists (for example, under seal documents or highly sensitive documents).
• On or before 11:59 p.m. local time where the court is located so the court deems the documents filed on that day (or adhere to any court or judge-imposed filing deadlines).

Format Documents for E-Filing

• Follow the general formatting rules that apply to documents filed in paper (Federal Rule of Civil Procedure (FRCP) 5(d)(3)(D)).
• Convert all documents to PDFs for e-filing.
• Format the PDFs according to the court’s local rules, if required (for example, using PDF-A format).
• Ensure at least one attorney of record signs every filed paper (FRCP 11(a), (d)).
• Insert a typed signature for the signing attorney according to the court’s local rules (for example, “/s [NAME]”).
• Check that each PDF satisfies the court’s file size limit, which typically ranges from 35 megabytes (MB) per PDF to 50 MB per PDF.
• Break up an oversized PDF into smaller PDFs to satisfy the file size limit.
• Format any exhibits as separate PDFs and, when required:
  • select a file name that clearly identifies the exhibit; or
  • use excerpts.
• Using an effective method, redact:
  • social security numbers, taxpayer identification numbers, financial account numbers, birthdates, and minors’ names (FRCP 5.2(a));
  • other protected information according to the court’s local rules (for example, home addresses or driver license numbers); and
  • protected information in metadata.

File Documents Using CM/ECF

• Check whether the court requires different or additional e-filing steps (see Review Relevant Rules and Orders, above), such as for:
  • case-initiating documents;
  • notices of appearance;
  • motions and related papers (for example, proposed orders);
  • under seal documents;
  • multidistrict litigation documents; or
  • notices of appeals.
• Log into the CM/ECF system.
• Select “Civil” for the Case Type.
• Enter the case’s docket number.
• Designate the party or parties filing documents with the court.
• Upload the main document for filing.
• Upload any attachments to the main document (such as exhibits or proposed orders).
• Modify the document’s title, if necessary.
• Submit the filing.
• Review the Notice of Electronic Filing (NEF) to confirm the system registered the filing.

Address Any E-Filing Difficulties

• When CM/ECF is offline due to maintenance or technical issues:
  • check the court’s local rules and CM/ECF manual to determine how to proceed;
  • call the clerk’s office or the court’s CM/ECF help desk for assistance; or
  • request relief from the presiding judge.
• When technical issues arise with counsel’s computer or Internet connection:
  • use an alternative computer or Internet source to complete the filing;
  • determine whether counsel may file in paper; or
  • seek relief from the presiding judge.
• When counsel misfile documents:
  • follow the clerk’s instructions on the docket about how to correct the misfiling; or
  • call the clerk’s office or the court’s CM/ECF help desk to request that they remove the misfiled document.

Confirm Electronic Service

• Determine whether all parties to the case receive electronic service by, for example, checking the NEF (which lists the names and email addresses for all parties who registered for electronic service).
• For parties not receiving electronic service, serve them by mail or another traditional method under FRCP 5.
• Correct unsuccessful electronic service by:
  • serving the party using another method under FRCP 5 or the court’s local rules; and
  • notifying the CM/ECF help desk about the electronic service failure.
• Prove service to the court by filing a certificate of service if the court’s local rules require or counsel desire.

Follow Post-Filing Best Practices

• Review the NEF to ensure:
  • the system served at least one attorney for each represented party and any pro se parties the court permits to receive CM/ECF service (see Confirm Electronic Service, above);
  • it accurately reflects what counsel intended to file;
  • the links to the filed documents work;
  • counsel e-filed all the documents they intended to e-file;
  • the documents counsel e-filed match their respective docket entries; and
  • counsel filed the documents in the correct case.
• Save the NEF in counsel’s files in case a party later challenges service.
• Download the filed documents, save them, and send copies to any other team members, co-counsel, or the client as applicable.
• Monitor the docket and check NEF emails for court entries about filing deficiencies.