E-Filing Now Required in Federal Court
~ Maryland's Federal Court One of First in Nation to Ban Paper Filings ~
By Janet Stidman Eveleth

Attorneys filing cases and court-related documents in the U.S. District Court, District of Maryland, must now do so electronically. Paper is no longer accepted. On March 3, 2003, this Court became one of the first federal courts in the nation to implement a case management/electronic case filing system (CM/ECF) which requires all civil cases to be filed electronically. Criminal cases, social security appeals, post conviction/habeas corpus matters, cases sealed in their entirety and cases involving pro se plaintiffs are exempt.

Attorneys are now required to submit all court-related documents electronically to the U.S. District Court over the Internet. After an initial trip to the federal courthouse to file the preliminary paper complaint and pay filing fees, lawyers must subsequently file all other documents electronically with the exception of bulky exhibits and documents exceeding 15 pages, where paper is still required.

This new system, operational 24/7, allows attorneys to electronically file documents and obtain automatic verification of court receipt of the document. It provides lawyers with automatic e-mail notice of case activity and enables them to download and print documents directly from the court.  CM/ECF also allows concurrent users to access the case files.

To navigate CM/ECF, attorneys must have a personal computer, Internet access, Acrobat Reader and a computer program able to produce PDF documents. CM/ECF uses standard computer hardware, an Internet connection and a browser and accepts documents in Portable Document Format (PDF). The attorney simply logs on to the court’s website (www.mdd.uscourts.gov) using a court-issued password, enters the basic information relating to the case and document, attaches the document and submits it to the court.

The system allows attorneys to prepare a PDF file using standard word processing software before electronically filing it with the court via e-mail. Upon submission, the court furnishes an automatic notice verifying receipt. Other parties in the case automatically receive an electronic filing notification too. Parties lacking an e-mail address will be notified by mail. The filing deadline extends to 11:59 PM on the day the document is due, unless specifically ordered otherwise by the court. The time is recorded on the transaction.

However, the court cautions attorneys to start their filing process much earlier. “They should allow sufficient time because the document gets the date and time stamped at the very end of the filing process,” explains Lisa Rosenthal, Deputy-in-Charge for the Clerk’s Office, Southern Division of the U.S. District Court, District of Maryland. “Some documents, especially those with lots of exhibits, can take up to fifteen minutes to load or post into the system.” Thus, attorneys must log on to the system and complete the entire process by 11:59 PM to meet the deadline.

The Clerk of the Court’s office is now scheduling training sessions for interested attorneys at both the Baltimore and Greenbelt courthouses. A complete schedule may be found on the court’s website. In addition, the court will send personnel out to law firms, bar associations and other legal entities to offer on-site training programs upon request.

The Honorable J. Frederick Motz, who has overseen the development and implementation of CM/ECF for Maryland’s federal court, advises attorneys to “get this computer equipment if they don’t have it; they will have to learn to use this new system.” But, lawyers may also go to the federal courthouse with a disk or use the court’s equipment to e-file their documents at the courthouse. “It is much more convenient for lawyers to file documents from their office via e-mail after their initial trip to the courthouse,” he adds.

Motz sees a number of benefits to lawyers.  “E-filing is quick, will ease lawyers’ communication and enable them to serve papers on other parties without copying paper,” he says. “Lawyers will be able to submit an array of documents, have 24-hour online access to federal civil case files and download and print court documents. It will greatly benefit those attorneys outside the geographic areas of the state’s two federal courthouses.”

Reaction of Maryland Attorneys

The attorney reaction to mandated e-filing in Maryland’s federal court has been mixed. Some are very supportive while others are concerned over the high cost of equipment, particularly the necessary scanners. This expense will be a burden for many solo practitioners, especially those who may only submit an occasional filing in federal court. There are no exemptions for the size of the law firm.

“One detriment to this requirement is that it forced our law firm to spend several thousand dollars,” states Mike Oliver, a small firm practitioner. “On the upside, it pushed us into starting a more comprehensive scanning project so that we will be scanning all of our documents into the computer and going more in the ‘paperless’ direction.”

“I like its simplicity; there’s no need to worry about paper,” exclaims William Levasseur, a solo practitioner in Baltimore. “It’s just great,” echoes J. Stephen Simms, a local practitioner with an active federal court practice. He predicts e-filing will revolutionize federal practice and convert it into a national practice in the next five years.

“You simply draft the file, electronically sign it and file it with the court,” notes Simms. “You can serve everyone in a matter of minutes. Plus, everything on the docket is electronic so you can check the docket anytime – no more rushing to court and no more last-minute filings.”

“I will leave it to my staff,” continues Levasseur, “and I expect many attorneys will do the same.” Acknowledging the financial investment, he added “if you want to do this kind of legal work, you will pay the price for it.” His main concerns about e-filing are “security and getting rid of the glitches.”

“Once lawyers experience e-filing, they’ll love it,” adds Simms. “I also tell my clients to check PACER (the public access modem) for constant updates at minimal costs. It helps our law practice when the clients can see the papers other parties have filed immediately.” He believes e-filing is also advantageous to federal judges.

Motz also sees a number of benefits to the federal court. “It will make the court’s administration more efficient and reduce costs and delays. It will enable the court to better communicate with lawyers on case-related matters, allow it to eliminate mailings and electronically send opinions and correspondence to lawyers and enhance the court’s administrative reporting to its administrative office.”

Eventually, the entire federal judiciary will require e-filing as a means of automating and streamlining its operations. The public and the media will have electronic access to all of the court’s records (with the exception of those materials that are sealed). Judge Motz anticipates that e-filing will be available and required in the U.S. District of Maryland’s Bankruptcy Court in the very near future.

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Publications : Bar Bulletin: April, 2003