CM/ECF is a comprehensive case management system that will allow courts to maintain electronic case files and offer electronic filing over the internet. Courts can make all case information immediately available electronically though the internet. Eventually CM/ECF will replace the current case management systems used by the federal courts across the country.

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(1) Where is CM/ECF available and how long has it been in use?

CM/ECF, as a full-functioned case management system for national deployment, is still under development at the Administrative Office, receiving extensive input from the courts on its design and functionality. However, prototype software with limited functionality was developed for bankruptcy and civil filings, beginning in 1996. This software is now fairly robust and currently in use in nine bankruptcy courts (Virginia Eastern, New York Southern, Georgia Northern, California Southern, Arizona, Louisiana Middle, Missouri Western, North Carolina Western, Texas Western) and six district courts (Ohio Northern, New York Eastern, Missouri Western, Oregon, California Northern and the District of Columbia).

(2) How many users can submit documents at once?

There is no fixed limit and we expect the system to maintain good performance with 100+ users. Response time and expanded use will ultimately tell us what the acceptable limit might be. Enhancements to communications capacity is expected to be an ongoing task to ensure that we meet the needs of the users.

(3) How long will it take to transmit or receive a document?

The time it takes to transmit or receive a document primarily depends on the user's Internet Service Provider (ISP), modem speed, and the type of PDF file being transmitted or received. The CM/ECF system will accept both text and image PDF files. The text PDF file is usually the result of saving a document from a word processor in PDF format. The image PDF file is usually created by scanning a paper document in PDF format. The text file can be transmitted and received 15 to 20 times faster than the image file because it is much smaller in size. While this difference in speed is usually not noticeable in a 1 or 2 page document, the difference can be significant when a document reaches about 20 pages in length.

(4) How many people at a time may view an image? How many people at a time may view the docket?

There are no limitations for either function.

(5) Will attorneys be able to access the ECF system after the court's regular business hours to file cases and review documents/docket sheets?

The system will be made available 24 hours a day, 7 days a week with the exception of occasional system maintenance. However, we may choose to limit access after normal court work hours by local rule or procedure.

( 6) How will the signature of documents be handled for documents filed electronically?

At present, this is a matter for local court rule or order. We intend to treat the use of an attorney's unique system log-in and password as a signature. Most of the prototype courts require that attorneys retain copies of critical paper documents, such as affidavits or bankruptcy petitions, containing original signatures of parties. Issues relating to authentication and verification of signatures are presently the subject of considerable debate in many areas of electronic commerce.

(7) What about court generated documents that require certification?

This is an area that is evolving within the prototype courts. Currently, the district and bankruptcy courts have issued local rules which allow them to enter such documents into the CM/ECF system in PDF format. On request they will print a copy of the document and affix the certification or seal in the traditional manner. The bankruptcy prototype courts are experimenting with attaching an imaged seal to the Notice of Bankruptcy Case Filing. This is intended to take the place of the traditional seal. If this proves to be successful, it could be expanded to other documents requiring certification or seal.

The long-term solution is that persons requiring the certified documents (such as sheriffs or banks) can view the electronic document directly in the court's database; this will eliminate the presentation of fraudulent documents that occurs in today's paper environment.

(8) Will there be restrictions on who may have access to the CM/ECF system for the purpose of filing documents? Will there be restrictions on who may have access to the CM/ECF system for the purpose of seeing the filed documents or for other purposes?

We will establish policies on access to file documents through the electronic filing system. We plan to provide document filing access principally to attorneys, US trustees and other bankruptcy trustees. The issues relating to access to already-filed documents has been the subject of considerable discussion. Most of the prototype courts are currently allowing public access through the Internet to the electronic documents. A subcommittee of the Committee on Court Administration and Case Management has begun to address issues relating to privacy and access to documents in the electronic case file. CM/ECF allows a court to selectively limit access to specific documents or all documents filed in a case.

(9) Will federal or local rules be in place to establish procedures for electronic filing?

The Federal Rules of Procedure currently authorize individual courts to permit electronic filing of documents by local rule. See Fed. R. Civ. P. 5(e); Fed. R. Crim. P. 49(d); Fed. R. App. P. 25(a)(2)(D); Fed. R. Bankr. P. 5005(a)(2), 7005, 8008(a). Most of the prototype courts have issued a rule or general order authorizing electronic filing. Most courts' rules are available on their websites.

(10) Will the retrieval of information for a case that has been closed and archived be handled any differently for electronically filed cases?

When a case has been initially filed electronically, users will be able to print a copy of the imaged document on their own without having to obtain copies from the court or the Federal Archive Center.