CASE MANAGEMENT/ ELECTRONIC CASE FILES CM/ECF

Transcription

1 CASE MANAGEMENT/ ELECTRONIC CASE FILES CM/ECF

2 History: The software and hardware infrastructure of the old case management systems were aging and no longer supported by the companies that developed them. Courts were being inundated with paper files, and storage space was at a premium. This was an opportunity for a new case management system and electronic files.

3 Requires federal courts to establish and maintain a website for the court containing information or links to: the location and contact information for courthouse, clerk s office and judges chambers; local rules and standing or general orders of the court; individual rules of each judge on the court; docket information for each case; the substance of all written opinions issued by the court, regardless of whether such opinions are to be published in the official court reporter, in a text searchable format.

4 Act also requires that: courts websites provide access to documents filed with the court in electronic form or converted to electronic form; and the Judiciary develop federal rules of procedure to protect privacy and address security concerns in court filings.

5 Case Management/Electronic Case Files System (the Federal Judiciary s internal system) Public Access to Court Electronic Records (PACER) System (the public s interface with the Judiciary s system) Development of privacy policies and, ultimately, federal rules of procedure.

6 Next Generation Case Management Management Information - Reports ECF Capabilities: Electronic Delivery of Case Documents Electronic Retrieval of Case Documents Electronic Document Management Electronic Docket Entries from Attorneys Electronic Noticing

7 htto:// 8/7/2012 Welcome I Kansas District Court Page 1 of2 Calendar 1 News 1 Press 1 Employment 1 Contact site search... Kansas City 500 State Ave. Kansas City. KS Topeka 444 S.E. Quincy Topeka, KS I I 8:00am - 5:00pm more info» 8:00am- 5:00pm more info» Wichita 401 N. Market Wichita, KS :00am - 5:00pm more info» NEWS Congress Reviews Proposed Rules Amendments Posted: B The House Judiciary Committee has released its official prints of the federal rules package transmitted to Congress by the Supreme Court House Documents and The amendments are under review in both the House and the Senate. As part of the Rules Enabling Act process, the Court in April approved and transmitted to Congress amendments to the Federal Rules of Bankruptcy Procedure and Crim... more SEE ALL ANNOUNCEMENTS I Vacancy: Courtroom Deputy in Kansas City I Bench-Bar Application Open to Federal Bar Members 07.1 t.2012 I US DistrictCourtAttomey Annual Renewal Deadline Passed I Vacancy: Clerk's Office Division Manager UPCOMING EVENTS I Naturalization Ceremony 1 Courtroom 655- Kansas City Federal Court Advocates Event I (CLE) 1 Room 1 BO- Kansas City Naturalization Ceremony I Dole Institute - Lawrence Naturalization Ceremony I Courthouse Atrium - Topeka I Conversation with Federal Judges 1 Jury Assembly Room, B-59 - Wichita Naturalization Ceremony I Century II - Wichita SEE ALL SPECIAL CASES 12-cv I Robyn Renee Essex v. Kris W. Kobach, Kansas Secretary of State 04-md-1616 I Urethane Antitrust Litigation 07-md-1840 I Motor Fuel Temperature Sales Practices Litigation 1 0-md Bank of America Wage and Hour. Employment Practices Litigation MOST POPULAR COURTHOUSE INFO LOCAL RULES EDUCATION& MDL CASES OUTREACH OUR JUDGES NATURALIZATION CJA NEWS REDISTRICTING CAMERAS IN CASE COURTS ejuror ejuror SYSTh'\1 LOGIN CLICK HERE efiling CM/E.CF LOGJN CLICK HERE Opinions CUCK HERE TO VIEW Court Calendar CUCK HERE TO VIEW COURT CALENDAR OARS ONLINE ATTORNEY RENEW--I.L SYSTEM

8 Basics: Judges, court staff, and registered attorneys file documents electronically. The docket is automatically updated. Electronic notice is automatically generated and sent via . Up-to-date case management and statistical reports are available instantaneously.

9 Benefits to Clerks: Concurrent processing and file access No lost paper files Remote file access Easy to learn and use Better public service and public access Automatic noticing Automatic docketing

10 Benefit to Judges: Access to files from chambers, the bench, divisional offices, home, or vacation wherever have an Internet connection Files are immediately updated Concurrent file access Easy to learn and use Good case management tools notification of case activities

11 Benefits to Judges, cont d: System can be conformed to the needs of the judge. Judges can still use paper if desired.

12 Access: Access to CM/ECF is via the Internet. Each user is given a login and password by the court. That login and password establishes the user s level of access to the court s system. Judges and court staff have greater access to the full functions of the system. Attorneys have more limited access.

13 Access, cont d: All documents are filed electronically. The user logins into the system, follows a series of steps, and files the document. Notice is automatically generated and sent to pre-determined addresses. Filing can be accomplished from anywhere there is Internet access Filing can be done 24 hours a day/7 days a week.

14 Access, cont d: No longer does the public have to go the courthouse to view court documents. Anyone with a credit card can receive an account (login and password) in PACER (Public Access to Court Electronic Records). Public account holders can view almost every document in CM/ECF for 8 cents per page.

15 CM/ECF from court perspective: Access to CM/ECF through court Internet website. For example:

16 Enter log-in and password And press Login

17 Blue menu bar (District CM/ECF): All functions in CM/ECF are accessed through the blue menu bar at the top of each screen.

18 Blue menu bar, cont d: Civil events for civil cases Criminal events for criminal cases Queries Reports numerous statistical and case management reports Utilities to edit entries and other functions Search

19 Search If a user does not know in which category an event is found, Search can help In the example, the user is looking for orders:

20 Enter Selection Criteria for a Case

21 Select Criteria for Docket Sheet

22 Display a Docket Sheet

23 View a Document from the Docket Sheet Rule on a Motion from the Gavel

24 Select Text Only Rule on Motion Edit Text and File Text Entry Only Order

25 District of Kansas-Motions Report Page 1 of 2 4/15/2010 Case number/ Document number 2:09-cv JAR-KGS Motions Report U.S. District Court - District of Kansas Motions Filed between 1/1/1970-4/15/2010 District Judge Julie A. Robinson Case and Motion Information Carman v. CBE Group, Inc., The Case filed: 10/19/ MOTION to Dismiss Motion filed: 03/03/2010 Filed by: CBE Group, Inc., The Notes Cause: 15:1692 Fair Debt Collection Act NOS: 480 Consumer Credit Office: Kansas City Jurisdiction: Federal Question Presider: Julie A. Robinson Referral: K. Gary Sebelius Jury demand: None Case flags: SCHEDCONFSET Response filed: 03/24/2010 Reply due: 04/12/2010 Reply filed: 04/06/2010 Ripe: 04/06/2010 MOTION to Dismiss by Defendant CBE Group, Inc., The(lak) Related entries: 03/24/ RESPONSE by Plaintiff Kellee Carman re 7 MOTION to Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(lak) 04/06/ REPLY to Response to Motion by Defendant CBE Group, Inc., The re: 7 MOTION to Dismiss (lak) 10 MOTION for Leave to file Surreply Response due: 04/30/2010 Motion filed: 04/13/2010 Filed by: Kellee Carman Referred to: K. Gary Sebelius MOTION for Leave to file Surreply by Plaintiff Kellee Carman(lak) Case number/ Document number 2:09-cv JAR-KGS Magistrate Judge K. Gary Sebelius Case and Motion Information Carman v. CBE Group, Inc., The Case filed: 10/19/2009 Notes Cause: 15:1692 Fair Debt Collection Act NOS: 480 Consumer Credit

26 District of Kansas-Motions Report Page 2 of 2 4/15/2010 Office: Kansas City Jurisdiction: Federal Question Presider: Julie A. Robinson Referral: K. Gary Sebelius Jury demand: None Case flags: SCHEDCONFSET 10 MOTION for Leave to file Surreply Motion filed: 04/13/2010 Filed by: Kellee Carman Referred from: Julie A. Robinson on 04/13/2010 Response due: 04/30/2010 MOTION for Leave to file Surreply by Plaintiff Kellee Carman(lak) Total Number of Motions Reported: 3 Selection Criteria for Report Case Number 2:09-cv-2538 Judge All Motions referred from All Motions referred to All Office All Case type All Nature of suit All Cause All Filed Date 1/1/1970-4/15/2010 Case flags All Terminal digits All Include pending motions Yes Include terminated motions No Show deadlines and filing dates Yes Show docket text and related filings Yes Filter for ripe motions No, but display ripe dates Sort by case number

27 Run Motions Report

28 EXAMPLE OF REPORT OF DAILY SUMMARY OF FILINGS IN JUDGE S ASSIGNED CASES Subject: Summary of ECF Activity From: KSD_CMECF To: ksd_nef Date: 08/09/ :01 AM This is an automatic message generated by the CM/ECF system. Please DO NOT RESPOND to this because the mail box is unattended. *** NOTE TO PUBLIC ACCESS USERS *** This Daily Summary Report may contain documents for which one or more of the following policies apply: Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. There is no charge for viewing opinions. Activity has occurred in the following cases: 2:07-cv JAR Rural Water District No. 4, Douglas County, Kansas v. Eudora, Kansas, City of Transcript 496 Docket Text: TRANSCRIPT OF ORAL ARGUMENT (CROSS-MOTIONS FOR SUMMARY JUDGMENT) (82 pgs) held before Judge J. Robinson. Court Reporter: Sherry Harris, , sherry_harris@ksd.uscourts.gov. Tape Number: Transcript purchased by: J. Nitcher. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 11/6/2012. (sh)

29 2:09-cv JAR-DJW Shockey v. Huhtamaki Consumer Packaging Inc. et al Supplement 109 Docket Text: SUPPLEMENT to [107] Unopposed MOTION for Attorney Fees (Approval of Fees/Costs Under FLSA Settlement) by Plaintiff Dawn Marie Shockey. (Attachments: # (1) Exhibit A - Donelon P.C. time sheets, # (2) Exhibit B - Brown & Assoc. Time sheets, # (3) Exhibit C - Hanson Declaration, # (4) Exhibit D - CV for Brendan Donelon, # (5) Exhibit E - CV for Jason Brown)(Donelon, Brendan) 2:11-cv JAR-GLR FirstMerit Bank, N.A. v. Barker Terminated Case Docket Text: ***Civil Case Terminated. See [27] Stipulation of Dismissal With Prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii); each side to bear its own costs and attorneys fees.(mg) 5:11-cr JAR USA v. Harris et al Presentence Investigation Report 381 Docket Text: PRESENTENCE INVESTIGATION REPORT as to James Eugene Flowers, Jr (NOTE: Access to this document is restricted to the USA and this defendant.) (USPO) 5:11-cr JAR USA v. Harris et al Presentence Investigation Report 382 Docket Text: PRESENTENCE INVESTIGATION REPORT as to Randall Keith Acker (NOTE: Access to this document is restricted to the USA and this defendant.) (USPO) 2:11-cv JAR-DJW Kirkland v. Drake et al Motion for Summary Judgment 61 Docket Text: MOTION for Summary Judgment by Defendants Robin Burgess, Zach Cyphers, Diane Zadra

30 Drake, Donna Johnson, Kevin Kastler, Jessica Slocum, Jennifer Stanley(Pigg, J.) 2:11-cv JAR-DJW Kirkland v. Drake et al Memorandum in Support of Motion 62 Docket Text: MEMORANDUM IN SUPPORT of [61] MOTION for Summary Judgment by Defendants Robin Burgess, Zach Cyphers, Diane Zadra Drake, Donna Johnson, Kevin Kastler, Jessica Slocum, Jennifer Stanley (Attachments: # (1) Exhibit Index Index, # (2) Exhibit 1 - Affidavit of Diane Drake, # (3) Exhibit 2 - Participating CMHC contract)(pigg, J.) 6:11-cv JAR-DJW United States of America v S.W. Fairlawn Road, Topeka, Kansas et al Service by Publication 14 Docket Text: SERVICE BY PUBLICATION filed by United States of America. Last publication date 07/21/2012. (Attachments: # (1) Attachment 1)(Wood, Colin) 6:11-cv JAR-DJW United States of America v S.W. Fairlawn Road, Topeka, Kansas et al Return of Service 15 Docket Text: RETURN OF SERVICE of Notice posted on 3620 S.W. Fairlawn Road, Topeka, KS filed by Plaintiff United States of America (Wood, Colin) 6:11-cv JAR-DJW United States of America v S.W. Fairlawn Road, Topeka, Kansas et al Return of Service 16 Docket Text: RETURN OF SERVICE of Notice posted on 6734 S.W. 69th Street, Auburn, Kansas filed by Plaintiff United States of America (Wood, Colin) 6:11-cv JAR-DJW United States of America v S.W. Fairlawn Road, Topeka, Kansas et al Return of Service 17 Docket Text: RETURN OF SERVICE of Complaint, Warrant & Notice served on US Bank filed by Plaintiff United States of America (Wood, Colin) 6:11-cv JAR-DJW United States of America v S.W. Fairlawn Road, Topeka, Kansas et al Return of Service 18

31 Hyperlink to the electronic document

32 Gavel icon is link to docketing an order on that motion

33 Links to related documents

34 Related Documents This report displays the number (with hyperlink) and description of all documents related to that entry When you see the Motion, you can see the Order, too

35 Report can be seen in PDF format. Will be paginated Can include headers (or footers) displaying case information

36 Can be printed and saved like any other PDF document

37 Very similar for clerk/chambers/atty E.g., On law firm computer Create document with word processor Print it as a PDF file Connect to court computer via Internet

38 Interacting with court computer Log on with password Specify case(s) for filing Select docket entry from limited menu Select party by (and against), etc. Append PDF document Done in 2 Minutes - receipt in hand

39 $.10 per page up to a $3.00 maximum charge per document Vast Majority of users (95%) have annual bills under $500 All fee revenue must be used to support and enhance public access, including the CM/ECF system

40 $15.00 waived per quarter Attorneys of records and parties in a case receive one free electronic copy Courts may exempt indigents, bankruptcy trustees, researchers associated with universities and court appointed pro bono attorneys

41 Opinions Viewing Documents at the Court Information on Court Websites Voice Case Information System PACER Training Database

42 PC with Windows, or Mac Word, WordPerfect or other wp Internet Explorer, Firefox, other browser Adobe*, or other PDF writer ($200) Internet access ($20/mo.)

43 pro se signatures cost effectiveness, staffing shifts fees (filing, access, noticing) attorney docketing, attorney readiness privacy summons... all have workable solutions

44 In all federal courts (appellate, district, bankruptcy) and applicable to all case types (criminal, civil, bankruptcy), the Judiciary adopted federal rules of procedure to protect personal information, particularly: Social Security numbers Birth dates Minor individuals names Financial account numbers Addresses (of individuals in criminal cases)

45 Requires that unless the court orders otherwise in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financialaccount number, a party or nonparty making the filing may include only: (1) the last four digits of the social-security number and taxpayer-identification number; (2) the year of the individual's birth; (3) the minor's initials; and (4) the last four digits of the financial-account number. [In criminal cases, individuals addresses must be redacted to the city and state.] Exemptions from the Redaction Requirement include: (1) a financial-account number that identifies the property allegedly subject to forfeiture; (2) the record of an administrative or agency proceeding; (3) the official record of a state-court proceeding; (4) the record of a court or tribunal if the record was not subject to the redaction requirement when it was filed; (5) a habeas corpus pro se filing.

46 In addition to or alternatively, judges may seal documents containing private or sensitive information. Some types of cases or documents are restricted from public access (Social Security disability appeals, immigration cases). A person may waive privacy protections by filing the document without redaction.

47 The Judiciary s privacy rules did not address all aspects of public access concerns, thus it adopted policies to protect documents in criminal case files, to ensure that law enforcement was not compromised, and the security of defendants and witnesses was addressed, particularly for those cooperating with the government. Access to the following documents is not provided at the courthouse or via remote electronic access: unexecuted summonses or warrants of any kind (e.g., search warrants, arrest warrants); pretrial bail or presentence investigation reports; statements of reasons in the judgment of conviction; juvenile records; documents containing identifying information about jurors or potential jurors; financial affidavits filed in seeking representation for indigent criminal defendants; requests for authorization of investigative or expert services for indigent criminal defendants; sealed documents (e.g., motions for downward departure for substantial assistance, plea agreements indicating cooperation or victim statements).

48 The privacy policy also addresses documents not covered by the federal rules, namely electronic transcripts of court proceedings Courts must make electronic transcripts of proceedings remotely available to the public if the transcripts are prepared. Prior to being made electronically available, the transcripts must conform to the federal privacy rules. The attorneys in the case, or the self-represented party, are responsible for reviewing the transcripts and redacting personal data identifiers required by the federal rules to be redacted.

49 Prepare for change Become familiar with web technology Examine work processes Examine local rules Planning court / local bar Review plans (on J-Net) and comment

50 h1+n llfil'nn11np fil'. rll'nl<mrf/iit/iitute~h/iithmnp. htm 8/7/2012 JIT Page 1 of2 Home Appellate District Bankruptcy Magistrate J-Net OIT He I -~--- ~----~"t Welcome. it.i.jrr"'*~qi>i~.'iithatlh& projoct maana for ]udgas and lhair chamber& [ PlAY J NOW PI~.?.~ COAT Im ' t'a"'et ;. 0 /lh<_ ATCI'. /..,- :::t-1.:::1_1_1 c~~~- - -~, ~ -~. c Latest Video Postings 07/13/12: New ipad videos have been posted, and a new category has been added to the JIT Website. Be sure to browse the videos available under, "ipad/smartdevices" to see the variety of focused and informative videos that cover a variety of topics. New and Noteworthy New and Noteworthy Archives.,, Apple's IPad Videos 06/14/12: View these training tutorials on the Apple site to learn a multitude of basic uses of the ipad such as navigating, printing, and copying text. 3 Geeks and a Law Blog 06/14/12: Judge Nuffer, of the Federal District Court in Utah, offers this insider's view of how federal judges are embracing consumer technology. Lexls Debuts E-Books 04/25/12: Lexis Nexis now has an e-book library application for law firms, based on a partnership with digital content distributor Over Drive. Itinerary Tech Tips 04/18/12: This tip describes applications that gather and organize travel itineraries and make the details of your trips readily accessible from your mobile device. 1Pad3 03/12/12: Apple's New ipad: 10 Things You Should Do After Breaking It Out of the Box Tip #1 is, "Get the Smart Cover on it." There are 9 more tips... Travel Tech Tips 02115/12: Tech Tip #14 BlackBerry and iphone Applications Make Travel a Little Easier Part II- Learn about applications for weather, maps, and directions. An IT contact list for the Fifth Circuit is also included.

51 R/7/?.01?. JIT Page 2 of2 MS Office on the IPad 01/13/12: The gap between the features of the laptop and SmartTablet are closing, as N6 Office tools become available on the ipad. "Although Apple's popular ipad tablet has been able to replace laptops for many tasks, it isn't a big hit with folks who'd like to use it to create or edit long Microsoft Office documents." That may be changing... JIT Website Tech Tip 01/13/12: The Fifth Circuit Tech Tip highlights some advantages of the JIT Website during this time of budget and travel restrictions. JIT Website ITunes/IPad f 10/30/11: You can use your itunes account to download videos and view them later at your convenience. Click on the link to view instructions on how to set up a Podcast feed, then synchronize your itunes compatible device (e.g., ipad). Or, use these links to view videos on your ipad browser: Appellate ipad link: JITAppellate.htm District ipad link: fjc.dcn/jit/i JITDistrict.htm Bankruptcy ipad link: Magistrate ipad link: fjc.dcn/jit/i-jitmagistrate.htm Related Links and Training Resources for Federal Judges COAT Chambers Online Automation Training (COAT) is a collection of online training modules covering a wide range of IT related topics. The modules are designed to teach judges and court staff to more effectively use court programs including CM/ECF, Adobe Acrobat, Word, WordPerfect, and more. Law Clerk Orientation The Orientation Seminar for Federal Judicial Law Clerks is online training that covers ethics, legal writing, and editing. The course is available on the Blackboard Learning Management System. A valid court employee ID is required to log on. OSCAR Training OSCAR is an online hiring resource that provides a secure, user-friendly means to streamline law clerk hiring for the federal Judiciary. OSCAR provides a powerful set of tools and real-time web environment to allow your chambers to easily find the most suitable candidate for open positions. Tech News for Judges A place for Judges, Chambers staff and others to post tech news, ask questions, and discuss technology that makes work easier. Anyone with Connections access can post to this blog. Tech Tips for Judges All new Tech Tips are added to the compilation of technology related tips, written by judges, for judges. All tips are archived. Westlaw RSS Feed fiil Westlaw RSS feed with links to technology and law journals. This feed has transparent authentication and does not require login to view the article abstracts. Contact Phil Hart, F JC Education Division with questions or ideas for new videos I Last updated: July 13, 2012

52 Gather new requirements from users: thousands of judges, clerks, attorneys Enhance user interfaces and mobile access Increase standardization and interaction with other systems and with pro se filers Add new work-saving features for judges Transition to new software architecture