Frequently Asked Questions about Electronic Case Filing
Click on a frequently asked question to find an answer.
What is the web address for the SDNY ECF system?
The new ECF system will be on the Internet at
https://ecf.nysd.uscourts.gov
Should I use Netscape Navigator or Internet Explorer to use ECF?
Only Netscape Navigator 4.6, 4.7, or Internet Explorer 5.5 have
been certified for use with the ECF program. Other browsers have not been certified, and while they may work part of the time, they may
also cause errors in the middle of filing.
Is there a limit to the size of a document that can be filed on ECF?
Yes, 4.0 megabytes (approximately 100 pages). If your file is too
large, the system will reject it. The solution is to separate an oversized file into 2 or more parts and docket it in a single event.
Simply label each file 1, 2, 3, etc. In all cases assigned to the ECF system, no single document totaling more than 15 megabytes (even
if separated into individual computer files) shall be electronically filed without prior permission of the Court.
Can I file documents that originate on paper and are then scanned to create a pdf file?
Yes, but.....the ECF system will not accept any single document
that is larger than 4.0 megabytes, or approximately 100 pages. Wherever possible, you should create pdf files directly from a word
processing program. When you create a pdf file from a scanned paper document, the file size is significantly larger. This may prevent
you from filing it as a single document on the ECF system and will also take up unnecessary computer memory on your own computer
system. Besides, it's easier to create a pdf directly from a word processor.
Who can file documents on ECF?
Only an attorney admitted to practice in SDNY, and registered to use the ECF system, or an "authorized agent" of the filing user, is permitted to file (ECF Procedures, 8b). A filing will be
deemed to be the sole responsibility of the filing user whose log-in and password were used to file the document. Be careful whom you allow to use your ECF log-in and password. Attorneys can register on-line to use ECF at http://www.nysd.uscourts.gov/ecf_registration.php
Can an attorney admitted Pro Hac Vice file documents electronically?
Yes. Immediately after a motion to be admitted pro hac vice is
granted, the attorney is required to register to be an ECF Filing User at http://www.nysd.uscourts.gov/ecf_registration.php
Will I need a password to use ECF?
Yes, 2 passwords - one for the ECF system and one for PACER. To
obtain an ECF password you must first register to be an ECF Filing User at http://www.nysd.uscourts.gov/ecf_registration.php
To obtain a PACER password go to http://ecf.nysd.uscourts.gov If you already use dial up
PACER service, then you don't need to change anything - your log-in and password will remain the same.
When a document is electronically filed, all ECF registered attorneys of record in that case will receive an email titled NOTICE
OF ELECTRONIC FILING and a hypertext link to the document. That is your "one free look" at the document. If you need a second
look or want to view other cases where you are not the attorney of record, you will be required to enter your PACER log-in and
password.
Can I view both civil and criminal dockets over the Internet?
Civil dockets are available remotely over the Internet to anyone
with a PACER account. Criminal dockets are available remotely over the Internet only to the attorney of record. As always, all civil
and criminal dockets may be viewed on public access computers at the courthouse.
How can I sign up other attorneys in my firm to receive electronic notices in my case?
By adding them as an additional attorney of record. Every attorney of record will receive email notification of filings in his or her case. The ECF system will allow up to two attorneys of record
to be entered in each case. Of course, each attorney must be a registered ECF filing user.
Must the caption of the document indicate it has been electronically filed?
Yes. (SDNY ECF Procedures, 8a).
How will I know if I have successfully filed a document electronically?
The filer will immediately receive a Notice of Electronic Filing,
which should be saved and/or printed; it's your receipt. You will also see a list of who will be served electronically and who will
not. It is the responsibility of the filing party to serve paper copies on any party that will not receive electronic notice.
What if I file the wrong document, or file in the wrong case?
In all cases assigned to the ECF system, if a document is electronically filed in error, the filer shall immediately notify
the Clerk of Court in writing, and the Clerk shall seek further guidance from the Court.
How do I sign an electronically filed document?
The filing user's ECF log-in and password serve as his/her electronic signature. (ECF Procedures #8). The filing user should place an S/ in place of the signature. Signatures for all other
persons must be scanned in order to capture the actual ink signature.
Will older cases be assigned to the ECF system?
No. Only those cases filed after the ECF system goes live are subject to electronic filing. Cases filed before the ECF system goes live will not be converted to ECF cases. You will be able to view
the docket sheets in older cases on-line, but not the documents.
Which cases will be ECF cases?
Civil and criminal cases filed after December 1, 2003, will be
subject to electronic filing. Social Security cases, Habeas Corpus cases and Pro Se cases will not be assigned to the ECF system.
Which Judges will entertain ECF cases?
Eventually all the courts District and Magistrate Judges will be
able to entertain ECF cases. Groups of judges will be added to the
ECF system over a 12 month period. Parties are directed to refer to each judge’s individual
rules (available on the court's website) to learn whether a particular case will be assigned to the ECF system.
How do I view a document in an ECF case?
Use an approved Internet web browser (see above) and go to https://ecf.nysd.uscourts.gov
Click on Query, enter the case number, find the document, and click on the blue hyperlink next to that entry. An electronic copy of the
complete document will then appear on your computer screen. If there is no blue hyperlink, then there is no electronic version of that
document.
Does filing electronically affect the filing deadline?
No. Filing electronically does not change your obligation to comply with the Federal Rules and any applicable Local Rules. Filing
must be completed before midnight local time in order to be considered timely filed that day (ECF Procedures 3c)(See also Judges
Individual Rules).
How do I open an ECF case?
See Instructions for Filing an
Electronic Case or Appeal
Must I serve a copy of the assigned judge’s Individual Rules with the complaint?
Yes. Copies of Judges' Individual Rules are available at the Clerk's Office and also on this Court's public website.
Must I file a paper Summons and Affidavit of Service for the Complaint?
Yes. For ECF cases, the Affidavit of Service with the original summons attached must be filed with the court in the traditional
manner, on paper (ECF Procedures, 1d).
Must I file a paper Affidavit of Service for other documents in the case?
No. For all other electronically filed documents after the complaint, the Clerk will automatically transmit by email a Notice
of Electronic Filing to each attorney of record that has registered to be an ECF Filing user. Transmission of that Notice of Electronic
filing shall constitute service (ECF Procedures, 9).
How do I serve my adversary who has not registered to be an ECF Filing User?
Upon completion of filing electronically, the filer will receive a receipt which should be printed and saved. The receipt will
include a list of who will be served electronically and who will not. The ECF system does not relieve filers from their obligations
under the Federal Rules of Civil and Criminal Procedure to serve paper copies on any party that will not receive electronic notice.
When filing a motion, should the supporting affidavit be attached or filed separately?
Electronically filed motions should be filed in the traditional
manner. Supporting affidavits and exhibits that would normally be filed attached to the motion should also be filed attached to an
electronic motion. Other affidavits and memoranda of law that would normally be filed separately from the motion should be filed
separately from an electronic motion. Exhibits attached to a motion must comply with the Court's Procedures for Electronic Case
Filing, section 5. Excerpted material must be clearly marked as such.
How should I submit exhibits not attached to a motion?
The Court's Procedures for Electronic Case Filing, section 5, requires that attachments andexhibits must be submitted in
electronic form, unless the Court permits paper filing. Only relevant excerpts of exhibits, labeled as such, should be submitted.
Remember, there are limits to the size of a computer file that may be submitted (see page 1). A party may move for permission to serve
and file in hard copy documents that cannot reasonably be scanned.
How do I file a proposed order, judgment or stipulation?
Proposed orders, judgments and stipulations should not be submitted through the ECF system. Instead they should be sent by
email to the Clerk. Counsel are directed to follow the individual judge’s
Rules regarding the submission of courtesy copies to chambers.
Proposed orders should be submitted in word processing format (WordPerfect or Word) rather than as a pdf
document. Stipulations should be submitted in pdf format. Stipulations must contain all required signatures (the last person
to sign can email it to the clerk). Email the proposed order, judgment or stipulation to:
For cases assigned to a Manhattan Judge: orders_and_judgments@nysd.uscourts.gov
For cases assigned to a White Plains Judge: wpclerk@nysd.uscourts.gov
How do I file an Order to Show Cause?
In all cases assigned to the ECF system, Orders to Show Cause
seeking a stay shall be submitted in the traditional manner, in person before the Court.
Orders to Show Cause that do not seek a stay, shall be submitted by email (not filed on the ECF system) to the Clerk in word
processing format (WordPerfect or Word) rather than as a pdf document. Email the proposed Order to Show Cause to:
For cases assigned to a Manhattan Judge: orders_and_judgments@nysd.uscourts.gov
For cases assigned to a White Plains Judge: wpclerk@nysd.uscourts.gov
How do I file a default judgment?
Default judgments should not be submitted through the ECF system. Instead they should be sent by email to the Clerk, in word processing format (WordPerfect or Word) rather than as a pdf
document. Email the default judgment documents to:
For cases assigned to a Manhattan Judge: orders_and_judgments@nysd.uscourts.gov
For cases assigned to a White Plains Judge: wpclerk@nysd.uscourts.gov
How do I submit a letter?
In the traditional manner on paper. Do not submit letters through
the ECF system. (See also each judge’s Individual Rules).
Will sealed documents be filed electronically?
No. Sealed documents will be filed in the traditional manner, in paper form.
How do I file a Notice of Appeal?
To file a Notice of Appeal you must file the Notice on paper at
the courthouse, including a copy of the document being appealed, and pay any applicable fee. (See SDNY ECF Procedures, 1d). Then you must
email (not electronically file) a pdf copy of all filed documents to the Clerk of Court within 24 hours. All documents must
be marked with the District Court case number and assigned judge’s name. Email a copy of all filed documents in pdf format to:
For cases assigned to a Manhattan Judge: appeals@nysd.uscourts.gov
For cases assigned to a White Plains Judge: wpclerk@nysd.uscourts.gov
Failure to email the pdf copy of the Notice of Appeal to the Clerk within 24 hours may result in a delay in adding the appeal to the Court's electronic docket.
Which is the "original" document, the paper or the ECF version?
When a document has been filed electronically, the official record is the electronic recording of the document as stored by the Court, and the filing party is bound by the document as filed (ECF
Procedures 3b).
Must I keep paper originals of documents I electronically file?
Yes. See the official SDNY PROCEDURES FOR ELECTRONIC FILING,
section 7 for details.
Should I continue to submit courtesy copies?
Counsel are directed to follow the individual judge’s
Rules regarding the submission of courtesy copies to chambers. If you would submit a courtesy copy of the document in a non-ECF case, you should now
submit a courtesy copy of it in an ECF case. (See also each judge’s Individual Rules)
When an attorney leaves a firm, how do we change the attorney's ECF Registration information?
Send written notice to the Attorney Admissions Clerk, 500 Pearl Street, NY, NY 10007.
Will there be an ECF Help Desk?
Yes. An ECF telephone Help Desk will be available from 8:30 AM to
7:00 PM Monday through Friday at (212) 805-0800, and from 8:30 AM to 5:00 PM at (914)390-4204. Or you can email your ECF questions to help_desk@nysd.uscourts.gov
How can I stay up to date with future ECF news and developments?
By registering to be a Point of Contact (POC) at http://www.nysd.uscourts.gov/ecf_poc.php,
you will receive periodic email messages concerning the ECF system. You don't need to be an attorney to be a POC.
How can I learn how to use ECF?
On this Court's website you will find a link to "ECF
Training", an on-line introduction to ECF, as well as detailed training materials for beginners and advanced users.
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