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Introduction
Conversion to the Federal District Court's Case Management/ Electronic Case Filing ("CM/ECF") system is a big step which will require significant
adjustments and training. With CM/ECF looming on the horizon, many practitioners find themselves anxious about how they are going to adjust once CM/ECF becomes a reality or they are
simply in denial, hoping that the Court will reconsider its decision. Instead of welcoming a new era of saving space and time by eliminating or reducing paper files, many are trying to
see if the new system can still deliver reams of paper. Attorneys often think that we must hold and see real paper to do our jobs. Refusing to embrace the possibilities of being more
efficient, mobile and effective, some attorneys have complained about what they perceive as a forced march. This article offers 10 reasons why CM/ECF might actually benefit your law
practice after unfamiliarity, costs and challenges are overcome.
THE TEN REASONS
1. Pleadings In Portable Document Format (PDF) Will Retain Traditional Appearance.
After the conversion to CM/ECF, the District Court will only accept electronic pleadings in PDF format. PDF is a widely accepted digital format which is supported by Adobe Systems Incorporated. PDF offers at least two major advantages to practitioners: First, pleadings and other documents converted to PDF retain identical format and appearance regardless of the wordprocessor used to create such documents. Consequently, page breaks, font size, graphics, text positioning, etc. will remain consistent before and after conversion to PDF. Your PDF pleading will appear and print on opposing counsel's computer just as it appears on your computer regardless of whether you are using a HP Printer and opposing counsel uses an Epson Printer, or you use an Apple MAC and he/she uses an IBM. There are some minor exceptions to this rule involving certain font styles, which are discussed in the District Court's PDF Issue paper.
Second, PDF places all of the pages of a document into a single electronic file. This greatly assists in electronic document management inasmuch as it simplifies the process of
accessing each page of a given document or pleading. Other electronic document formats (such as TIFF, BMP, JPEG, GIF, etc.) often require that each page be placed into separate electronic
document, which must be opened, one-at-a-time, to be viewed. PDF is not burdened with this weakness. Once you open the PDF file of a document or pleading, you will be able to easily move
from page to page throughout the document. Jumping to a particular section or page number is as simple as thumbing through a paper brief.
2. Electronic Filing Will Enable Full Text Searching and Sophisticated Indexing.
Documents filed in PDF allow for electronic text searching, a benefit you do not currently have with paper filings unless opposing counsel sends you pleadings on disk. You will also be able to cut and past selected sections from pleadings and other documents your office did not create, eliminating the need to retype such sections.
Documents in PDF format also allow you to navigate from the beginning to the end, and to jump to any page in between by a click of the mouse. PDF documents may also contain
miniature previews of each page of the document, called thumbnails, which can also assist in finding quickly a desired page. Bookmarks can be added to serve as an interactive table of
contents, which can assist in navigating to main topics or sections instantly. Practitioners who use Adobe's Acrobat can also add annotations to the document (electronic sticky notes),
create full-text indexes on specific words or phrases, highlight text in yellow and even redact sensitive or privileged text.
3. Ready Access to Case Files.
Court case files can be a valuable resource to practitioners for research and form or example pleadings and briefs. In the past, if you wanted a copy of the jury instructions used in another case, you or a staff member had to make a trip to the clerk's office to pull the file and then ask the clerk to copy the pages you wanted. Often the file was checked out or unavailable. Now, from your computer you will be able to access filings in your cases and all other cases in the CM/ECF system and download them to your computer for a cost of 7 cents per page, much less than the 50 cents per page charged by the clerk. This cost only applies to practitioners who are not counsel of record of that case. Counsel of record may access each document as it is filed on a one-time-basis and save them to their hard drive free of charge.
Conversion to CM/ECF will be on a forward basis. Thus, for all civil cases pending at the time of conversion, the Court will not convert the existing paper files to CM/ECF; only
the newly filed materials will be electronic. Accordingly, all pending cases at the time of conversion will have a two-part file consisting of the conventional paper filed before
conversion and the electronic filings after conversion.
4. Electronic Filing Can Occur 24/7 And From Anywhere.
Your ability to file pleadings and other documents at any time of day with the Court will be virtually unlimited. Thus, the legal fiction that the Court is always open will become a reality. No longer will practitioners need to deposit pleadings and other documents after hours in the mail box outside the Courthouse in accordance with the time/date stamp procedures of Local Rule 77-1(c). Filings can now occur from the convenience of your computer immediately after you have completed the brief or pleading, after stock markets are closed and the news media are not around to intercept the breaking news for their 10:00 p.m. broadcast. Moreover, an attorney in St. George can file just as easily as an attorney in Salt Lake City. Via the Internet, you will be able to access court case files from your home, library, hotel, Internet cafes, etc., with your password and login.
5. Enhanced Document/Case Management.
Maintaining an entire case in electronic format will improve document and case management. Many practitioners already use Electronic Document Management (EDM) systems to index and manage the documents created in their office. EDM systems generally assign a unique number to each document created. The documents are also generally indexed by such elements as author, client, document name, date, type and other fields determined by the operator. The index can be searched later to quickly locate the document on the system. Other members of the firm may access the document by using search terms or by the unique number assigned to the document.
Some of the more popular EDM systems among attorneys include: Imanage, Worlddox 2002, ProLaw Software and Docs Open. Law firms using EDM systems will now want to import pleadings
received in PDF format into their EDM systems. Most of the EDM systems interface with Adobe Reader. Attorneys can then use their EDM system to store and review the PDF documents on their
computer screens, rather than printing the PDF documents out and placing them into a hard paper file. Managing PDF case files on your EDM system is something that you should carefully
consider before the conversion to CM/ECF. Your current EDM system may allow accessing to your complete case file from home or during travel via the Internet over a Virtual Private Network.
6. Viewing Documents On Your Computer In PDF Is Quick and Effective.
Viewing a PDF document on your computer screen will require that you have a 17" or larger computer screen or one of the new LCD screens unless you are willing scroll up and down on each page with a smaller screen. Adobe Reader allows an operator to maximize the screen size by typing Control L to toggle to a full screen containing only the document image.
7. CM\ECF Will Make Case Files Portable.
Because court files will be electronic, you will be able to place complete cases on a CD or laptop so that you can view such files from your laptop computer while on a plane or in some other setting. The average CD will hold over 16,000 pages of PDF files, easily enough space to hold most case files.
8. Scanning Documents And Exhibits Is Less Expensive Than Photocopying.
Scanning or imaging documents does not consume paper and ink as does photocopying. Consequently, scanning is less expensive than making a photocopy of a document. In addition, subsequent copies of the scanned document (often called blow backs), can be provided via the Internet or by disk at a much reduced cost to traditional photocopying.
If you do not already have a scanner, you should consider purchasing one or making arrangements to have your scanning needs out-sourced.
9. Practitioners Will Determine The Docket Description Of Their Filings.
Once logged on to the Court's CM/ECF system through a password protected account, the civil practitioner is presented with a drop-down menu of 9 categories with over 110 civil events, including a catch-all "Miscellaneous Relief", to select from describing your filing. (7 categories and over 90 events for criminal filings). After selecting the event, you may add a description to the filing of up to 255 characters. For example, if your filing includes several exhibits or attachments, you can give each attachment a detailed description such as "John Doe's Affidavit dated July 4, 2004" or "Graph Illustrating Plaintiff's Damages."
With this shift of responsibility for the docket descriptions, the consequences of mistakes can multiply when dealing with electronic filings. For example, if a pleading is not
filed under the correct case number, the Judge assigned to that case and counsel of record may not know of the filing because they may not receive the email. To minimize these and other
mistakes, CM/ECF will prompt a practitioner when attempting to file a pleading under a case number for which the attorney is not counsel of record. Also, the Court is considering local
rules setting forth procedures for the correcting of technical mistakes.
10. Elimination of Mail and Delivery Costs.
There will be no charge to file pleadings and other documents via CM/ECF. Mail and delivery costs to the Court and counsel of record will virtually be eliminated. These cost savings multiply when the number of people receiving a copy of the filing increases. CM/ECF users will know that a filed document is literally on the judge's desktop and in the office of opposing counsel minutes after filing.
Conclusion
The paperless office is now here. While we will experience significant adjustments during the conversion to CM/ECF, there are many who have paved the way
before us in making this transition. The vast majority of the 60,000 attorneys and staff who have already made the plunge have found CM/ECF to be a significant improvement to their law
practices and would not go back to the old paper system if given an opportunity to do so. You can find additional, up to-date information about the conversion to CM/ECF, training,
frequently asked questions and much more at the Court's web site http://www.utd.uscourts.gov/documents/ecfpage.html, as
well as at the Administrative Office of the U.S. Courts' web page cited above, and even blogs1 such as http://e-courtrecords.blogspot.com/.
Footnotes
1.A blog is a web page usually made up of short, frequently updated posts that are arranged chronologically.
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