Staying on Top of Electronic Case Filings

Electronic case management and filing by lawyers is increasingly standard practice in both federal and state courts. In the federal courts, the electronic case management and filing system, known as CM/ECF, began in the bankruptcy courts in 2001 and progressed to the district courts in 2002 and to the courts of appeals in 2004.[FOOTNOTE 1] The shift in the New York federal courts is almost complete. Although there is federal regulation governing CM/ECF filings, like much federal practice, local rules may differ as to details.[FOOTNOTE 2]

For example, the Southern District of New York's Web site contains Electronic Case Filing Rules and Instructions to assist attorneys.[FOOTNOTE 3] To access the system, attorneys must register in advance to obtain a user ID and password.

The Southern District system requirements are a personal computer, an Internet connection, a browser that has been certified for use with CM/ECF (Netscape Navigator, versions 7.x and greater, or Internet Explorer, version 6.0 and greater, or Adobe Acrobat, 6.0 or higher) and a scanner for imaging documents that do not exist in electronic format.[FOOTNOTE 4]
In contrast, the Western District warns on its homepage that because Netscape Navigator is no longer being technically supported by AOL, it may have greater security risks, and therefore CM/ECF users should download the most recent version of Internet Explorer or FireFox for access to that court.[FOOTNOTE 5]

There are numerous benefits, of course, to filing documents electronically. For example, parties have 24-hour access to the system, can view and file documents at any time of day, receive automatic e-mail notice of case activity and immediately download or print updated docket sheets and documents. There also can be significant savings in messenger and service fees, as well as copying costs -- not to mention the savings to the environment resulting from the use of less paper.

Undoubtedly many harried practitioners have also been saved from aggravation and worry by the fact that filing may now be accomplished 24/7, thereby eliminating the rush to file papers within the court's hours of operation.

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Source: law.com
By: Shari Claire Lewis