Electronic Court Filings - Is Your Firm Ready
By: Britt Knuttgen

By now, most firms in the Western District of Virginia have likely received a packet of information from the US District Court, introducing your firm to their CM/ECF program, which will be put into effect shortly.  CM/ECF stands for Case Management/Electronic Case Filing.  If you have not received this registration packet, or would like additional information, try visiting the court’s website at http://www.vawd.uscourts.gov.  The Court is providing everyone with the basic knowledge regarding how to comply with the electronic filing process.  What it won’t do however, is give you advice regarding your hardware and software, though they do have a list of System Requirements posted on their website. (See Tools Needed below)  Since we have been through the Court’s training and are keeping abreast of all changes and requirements as they take effect, we can walk you through the process.
 
On the Court’s website are demos of the electronic filing process which are very helpful at walking users through the entire process.  Anyone who practices before the federal court would benefit from reviewing these demos, as would their support staff.  There will be training offered by the Court in the near future, and there will also be a help desk available to answer questions you may have regarding the online filing process.  But please remember that the help desk will not answer questions pertaining to hardware or software problems.   

The Court will be “strongly encouraging” all attorneys to use this system for all standard filings, and attorneys should not be intimidated by the process, as it more simplified then they might imagine.  There are multiple levels  of security on the site, including SSL encryption.  It should be noted however that at least to begin with, the initial pleading in a matter will not be accepted electronically (e.g. the Complaint), though this may change in the months to come.  Standard filing fees will still apply, but each attorney in a matter may download/print one free copy of documents filed in their cases. After that a charge of .07/page will apply.

The Process of Filing an Electronic Document:  A pleading will be prepared  in your standard word processor (Word or WordPerfect).  The only difference is that once it is in its final form, you will convert it to a PDF.  PDF stands for Portable Document Format and is basically an electronic image which cannot be edited or altered.  Most folks associate PDF files with Adobe Acrobat, though there are other software packages, such as Paperport, which will also create PDF images. You can save the PDF file in a location on your computer or network, just like you do your word processing documents.  Alternatively, some firms may choose to convert their documents to PDF by scanning them on a digital document center.

Any attorney who plans to file documents electronically with the Court will need to complete an electronic filing registration form.  They must be admitted to practice before the US District Court for the Western District, and once their form has been processed, they will be assigned a user identification name and password which serves as their “electronic signature” on documents filed.  The user will go to the appropriate website and login.  Once logged in, there are variety of selections available, and dependent upon the selections made, subsequent screens will walk you through the filing process.  You will have the ability to choose a detailed name for the type of document you are filing and associate it with the applicable case number, as well as select the party for whom you are filing.  The system will allow you to browse to where the PDF that you wish to upload is saved on your network or computer.  You will also have the option to upload associated Attachments to this document (e.g. Exhibits).  The Exhibits may be scanned separately and saved as a different PDF than the actual pleading.  Each file uploaded will have a file size restriction of 2MB.  Once you have identified the documents to be uploaded, the next several screens will walk you through various options specific to your filing type.  You will have a final opportunity to review and confirm your filing before it is committed to the system.  Finally, you will see a receipt for your transaction, indicating the date, time, name, etc. of your filing. 

Upon completion of the filing, the court sends the filing attorney an e-mail confirming receipt of the pleading.  The Court docket sheet is immediately updated and the new information is immediately available to anyone with access to the system.  The system will also send a notice of filing to all parties who have agreed to receive electronic notices.

Advantages to this System will include:  24 hour access to the Court’s docket (including the ability to view all filed documents); instant email notification of new activity on your cases; the ability to download and print documents on demand and faster filing on a secure database.

TOOLS NEEDED FOR ELECTRONIC FILING:

PDF SOFTWARE
Remember that Adobe is not the only PDF Writer on the market.  While it is the most popular, it is also the most expensive.  It typically runs $250+/license, unless you are eligible for volume licensing.  

There are other PDF writer software packages that are substantially less that may serve you just as well.  PaperPort Pro Office Version 9 is one of those programs.  It is wonderful not only for converting to PDF, but also for manipulating scanned images and redacting.  Additionally it has many other helpful features that make it well worth its weight in gold. 

Prices for PaperPort range from $100 to $199 per license, depending on your eligibility for volume licensing and/or upgrade licenses. 

SCANNERS
If you are in an office that has a copier which may need to be replaced soon, a digital document center may be the best answer.  These machines can serve as high speed scanners, copiers, printers and fax machines.  Most of them scan directly to PDF.  The Canon ImageRunners are particularly good at compressing images to a manageable size. 

Digital Senders are another high speed scanning solution.  They are not as versatile as a digital document center, but they generally cost less and also allow for scanning in PDF format to network directories or email.

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Britt Knuttgen is the President and Director of Legal Technology for Automated Horizons, a firm specializing in information technology, legal technology, web design and marketing.
Copyright © 2004 by Automated Horizons, Inc. All rights reserved under U.S. and international law.
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