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Attorney Newsletter February 2018

NEWS FROM U.S. DISTRICT COURT
February 9, 2018

REQUEST FOR ISSUANCE OF SUMMONS(ES): After a CIVIL case has been opened in CM/ECF, instead of manually bringing civil summonses to the Clerk’s Office for issuance, attorneys can electronically submit them to the Clerk’s Office by e-filing them in the CIVIL case using the Request for Issuance of Summons(es) event located under Civil  Initial Pleadings and Service  Service of Process. This event should only be used to electronically submit summonses in a CIVIL case. It should not to be confused with the new Request for Issuance of Summons(es) (SHELL CASE) event located under Civil  Initial Pleadings and Service  Case Initiating Documents (SHELL CASE) which should only be used to electronically submit summonses in a SHELL case. Documents electronically submitted using the new Request for Issuance of Summons(es) (SHELL CASE) event are sealed. (See, News From U.S. District Court, December 29, 2017.) Documents electronically submitted using the Request for Issuance of Summons(es) event are NOT sealed. When the summonses are issued by the Clerk’s Office, they will be electronically returned to the attorney through CM/ECF.

SEALED DOCUMENTS AND MOTIONS TO SEAL: Sealed documents fall into three categories: (1) documents containing personal identifiers protected by the E-Government Act of 2002; (2) documents subject to a protection order signed by the court; and (3) documents that are not subject to protection under the E-Government Act or a protection order. The ONLY time a motion is required to seal a document is when the document is not subject to protection under the E-Government Act or a protection order. For information about filing motions to seal, see the CM/ECF User Manual.

CM/ECF FILING TIP OF THE MONTH - Attachments Subject to a Protective Order: A motion to seal is not required when filing attachments subject to a protective order and there is no need to file redacted versions of the attachments. When a filer electronically files an unsealed document (i.e., a main document) in a civil or criminal case that includes attachments that should be sealed pursuant to a protective order, a temporary placeholder must be electronically filed for each attachment. After electronically filing the main document and the required placeholders, the filer should manually submit the attachments to be filed under seal to the Clerk’s Office with a cover sheet identifying the specific placeholders to be replaced and stating, “These documents to be filed under seal pursuant to the Protective Order issued in this case on [insert date].” The Clerk’s Office will replace the placeholders with the attachments, which will be sealed. The sealed attachments will be visible on the public docket sheet, but will not be accessible by public users.

Attachments that are manually submitted to the Clerk’s Office for filing under seal pursuant to a protective order must be manually served on those case participants entitled to receive notice in accordance with the federal rules of procedure and the local rules of practice of this court.
CM/ECF User Manual at 32.

Friday, February 9, 2018