` C L E R K O F C O U R T S O U TH E R N D IS TR IC T O F N EW YO R K
`500 PEAR L STR E E T, N EW YO R K, N Y 1 0007
`
`300 Q U AR R O P A S S TR E E T, W H ITE PLAIN S , N Y 10601
`
`Electronic Case Filing
`Rules & Instructions
`
`March 17, 2014 Edition
`
`IMPORTANT INFORMATION FOR NEW CASES
`
` Attorneys filing a new civil or miscellaneous case assigned to the Electronic Case Filing
`(ECF) system must do the following after obtaining a civil case number:
`
`(1) E-mail a PDF-A copy of the case initiating documents to the Clerk’s Office
` within 24 hours of delivering the paper documents to the Court; and
`
`(2) Serve each party to the action with the initiating documents and a copy of:
`
`(a) SDNY Electronic Case Filing Rules & Instructions; and
`
` (b) The assigned judge’s Individual Practices.
`
`See section 14 - Opening a Civil Action
`
`ENDO - Ex. 2009
`Amneal v. Endo
`IPR2014-00361
`
`
`
`Table of Contents
`
`Section Page
`
`Introduction.................................................................................................. 3
`
`What’s New................................................................................................. 4
`
`Part I. Electronic Case Filing Rules
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`Scope of Electronic Case Filing........................................................ 5
`
`Eligibility, Registration, Passwords.................................................. 5
`
`Consequences of Electronic Case Filing.......................................... 6
`
`Entry of Court Orders....................................................................... 7
`
`Attachments and Exhibits................................................................. 7
`
`Sealed Documents............................................................................ 7
`
`Retention Requirements................................................................... 8
`
`Signatures......................................................................................... 8
`
`Service of Documents by Electronic Means..................................... 9
`
`Notice of Court Orders and Judgments............................................. 9
`
`Technical Failures............................................................................ 9
`
`Public Access................................................................................... 9
`
`Part II. - Electronic Case Filing Instructions
`
`13.
`
`ECF Basics....................................................................................... 10
`
`14.
`
`15.
`
`16.
`
`17.
`
`Opening a Civil Action..................................................................... 14
`
`Amended Pleadings and Motions..................................................... 15
`
`Default Judgments............................................................................ 16
`
`Appeals ............................................................................................ 18
`
`18.
`
`Non-Electronic Documents.............................................................. 19
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`Service of Electronically Filed Documents...................................... 21
`
`Attorney Appearances...................................................................... 22
`
`Privacy and Public Access to ECF Cases......................................... 23
`
`ECF Passwords................................................................................. 25
`
`ECF Computer System Information................................................. 27
`
`ECF Help Desk and Training........................................................... 28
`
`2
`
`
`
`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`Introduction
`
`The United States District Court for the Southern District of New York implemented a Case Management /
`Electronic Case Filing (ECF) system in December 2003. Electronic versions of documents have largely
`replaced paper documents in the Court’s files. All new civil and criminal cases filed in this Court after
`December 2, 2003 are Electronic Case Filing (ECF) cases. Pro se litigants must file pleadings and documents
`in the traditional manner on paper unless the assigned judge has granted permission to electronically file on the
`ECF system. The information in this document applies only to cases assigned to the ECF system.
`
`Please reference any Addenda to these Rules & Instructions for interim updates.
`
`The following should be observed when filing electronically: the Federal Rules of Civil and Criminal
`Procedure; the Court’s Local Rules; the assigned judge’s Individual Practices; and these Electronic Case Filing
`Rules & Instructions.
`
`The Court is prepared to assist you in filing electronically:
`
`•
`
`•
`
`The SDNY Electronic Case Filing Rules & Instructions are your guide to electronic filing.
`
`Training in Electronic Case Filing (ECF) is available both in person at the courthouse and on-
`line at www.nysd.uscourts.gov/ecf_training.php (See also section 24 - ECF Help Desk and
`Training).
`
`3
`
`
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`March 17, 2014, Edition
`
`What’s New
`
`Effective March 17, 2014, amended pleadings must be filed electronically on the Court’s ECF system.
`Summonses will be requested and issued electronically on the ECF system. See section 15 for details.
`
`When opening a new civil case Filing Users are required to e-mail to the Clerk’s Office the case
`opening documents. Effective January 27, 2014, a PDF/A copy of the Civil Cover Sheet, form JS
`44C/SDNY, and a Related Case Statement (if applicable) must now be included in this email. See
`section 14.2 for details.
`
`4
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`Part I. Electronic Case Filing Rules
`
`The Court will accept for filing documents submitted, signed or verified by electronic means that comply with
`the following rules.
`
`Section 1. Scope of Electronic Filing
`
`Except as expressly provided and in exceptional circumstances preventing a party from filing
`1.1
`electronically, all documents required to be filed with the Court must be filed electronically. Any party unable
`to comply with this requirement must seek permission of the Court to file in the traditional manner, on paper.
`Unless otherwise ordered by the Court, documents filed by pro se litigants must be filed in the traditional
`manner, on paper, and will be scanned and docketed by the Clerk’s Office into the ECF system.
`
`Unless limited by their terms to civil cases, the provisions of these procedures relating to electronic
`1.2
`filing apply in criminal cases. Electronic filing procedures shall not apply to applications for arrest, search or
`electronic surveillance warrants; for other orders in aid of or ancillary to a criminal investigation; or to
`proceedings relating to the grand jury.
`
`The filing and service of the initial papers in a civil case, including the complaint, the issuance of the
`1.3
`summons and the proof of service of the summons and complaint, as well as service of non-party subpoenas,
`will be accomplished in the traditional manner on paper in accordance with the Federal Rules of Civil
`Procedure and applicable Local Rules governing service, rather than electronically. In a criminal case, the
`indictment or information, including any superseders, shall also be filed and given to the defendant in the
`traditional manner on paper in accordance with the Federal Rules of Criminal Procedure and applicable Local
`Rules rather than electronically; in addition, service of subpoenas shall be made in the traditional manner on
`paper in accordance with the Federal Rules of Criminal Procedure and applicable Local Rules. After a case has
`been opened, counseled parties must promptly provide the Clerk of Court with electronic copies of all
`documents previously provided in paper form. All subsequent documents must be filed electronically except as
`provided in these Rules & Instructions or as ordered by the Court. (See section 14 - Opening a Civil Action).
`
`The Clerk of Court shall write and revise as necessary Instructions to guide Filing Users and maximize
`1.4
`the efficiency of the Electronic Case Filing system. (See Part II - Electronic Case Filing Instructions).
`
`Section 2. Eligibility, Registration, Passwords
`
`Attorneys admitted to the bar of this Court, including those admitted pro hac vice and attorneys
`2.1
`authorized to represent the United States, may register and may be required to register as Filing Users of the
`Court’s ECF system. Unless excused by the Court, attorneys not already Filing Users appearing in cases must
`register as Filing Users. Registration is in a form prescribed by the Clerk and requires the Filing User’s name,
`address, telephone number, Internet e-mail address and a declaration that the attorney is admitted to the bar of
`this Court or authorized to represent the United States or admitted pro hac vice. See the ECF page at
`www.nysd.uscourts.gov for details.
`
`2.2
`
`(a) The Court may permit or require a pro se party to a pending civil action to register as a Filing
`User in the ECF system solely for purposes of that action. Registration is in a form prescribed by the
`
`5
`
`
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`Clerk and requires identification of the action as well as the name, address, telephone number and
`Internet e-mail address of the party. A sample Motion for Permission for Electronic Case Filing is
`available here. The Court may require the party to attend in-person training for Electronic Case Filing
`as a condition of registering as a Filing User. If, during the course of the proceeding, the party retains
`an attorney who appears on the party's behalf the attorney must advise the Clerk to terminate the party's
`registration as a Filing User upon the attorney's appearance.
`
`A pro se party who is not incarcerated may consent to be a Receiving User (one who receives
`(b)
`notices of court filings by e-mail instead of by regular mail, but who cannot file electronically). A
`sample Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically is
`available here.
`
` Once registration is completed the Filing User will receive notification of the user log-in and password.
`2.3
`Filing Users agree to protect the security of their passwords and immediately notify the Clerk if they learn that
`their password has been compromised.
`
` In a civil action the Clerk will transmit Notices of Electronic Filing (NEF) to (a) each attorney
`2.4
`identified on the Civil Cover Sheet, (b) each additional attorney who subsequently appears in the action and
`electronically files a Notice of Appearance, (c) any pro se party who has received permission from the Court to
`register as a Filing User, and (d) any pro se party who has registered as a Receiving User. In a criminal case the
`Clerk will enter, as Filing Users to whom Notices of Electronic Filing will be transmitted and who will be
`granted access to electronically file and retrieve documents in the case, the attorney(s) for the United States
`identified on the Criminal Designation Form or subsequently identified as representing the United States in the
`case and each attorney electronically filing a Notice of Appearance on behalf of a defendant.
`
` An attorney of record may, by written request to the judge, have transmission of Notices of Electronic
`2.5
`Filing (NEF) to another attorney in his or her firm terminated. Please review the judge’s Individual Practices.
`(See section 22 - ECF Passwords).
`
`Section 3. Consequences of Electronic Filing
`
` Except as otherwise provided in section 4 herein, electronic filing of a document in the ECF system
`3.1
`consistent with these procedures, together with the transmission of a Notice of Electronic Filing (NEF) from the
`Court, constitutes filing of the document for all purposes of the Federal Rules of Civil Procedure, the Federal
`Rules of Criminal Procedure, and the Local Rules of this Court and constitutes entry of the document on the
`docket kept by the Clerk under Federal Rules of Civil Procedure 58 and 79 and Federal Rules of Criminal
`Procedure 49 and 55.
`
` When a document has been filed electronically, the official record is the electronic recording of the
`3.2
`document as stored by the Court (subject to the exception set out in section 4 below), and the filing party is
`bound by the document as filed. Except in the case of documents first filed in paper form and subsequently
`submitted electronically under section 1, a document filed electronically is deemed filed on the date and time
`stated on the Notice of Electronic Filing (NEF) from the Court. For pro se litigants, paper documents filed with
`the Court, and subsequently scanned and docketed to the ECF system, shall be deemed filed on the date the
`documents are received by the Court.
`
`3.3
`
` Electronic filing must be completed before midnight local time where the Court is located in order to be
`
`6
`
`
`
`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`considered timely filed that day.
`
` Judges’ Individual Practices should continue to be followed with respect to delivery of courtesy copies.
`3.4
`(See section 19 - Service of Electronically Filed Documents).
`
`Section 4. Entry of Court Orders
`
` All orders, decrees, judgments and proceedings of the Court will be filed in accordance with these
`4.1
`procedures and entered on the docket kept by the Clerk under Federal Rules of Civil Procedure 58 and 79 and
`Federal Rules of Criminal Procedure 49 and 55. Orders of the Court may appear solely in electronic form.
`Documents may be signed by a judge using an electronic signature or may be scanned so as to contain an image
`of the judge’s signature.
`
` A Filing User submitting a document electronically that requires a judge’s signature must promptly
`4.2
`deliver the document in such other form, if any, as the Court requires. (See section 18 - Non-Electronic
`Documents).
`
`All Filing and Receiving Users have an obligation to review the Court’s actual order, decree, or
`4.3
`judgment, as available on ECF, and should not rely on the description of such order, decree or judgment in the
`Notice of Electronic Filing (NEF) alone. In the case of any discrepancy between an order, decree, or judgment
`of the Court and the description of such order, decree, or judgment in the NEF, the order, decree, or judgment
`of the Court shall control.
`
`Section 5. Attachments and Exhibits
`
`Filing Users must submit in electronic form all documents referenced as exhibits or attachments, unless
`5.1
`the Court permits paper filing.
`
`A Filing User must submit as exhibits or attachments only those excerpts of the referenced documents
`5.2
`that are relevant to the matter under consideration by the Court. Excerpted material must be clearly and
`prominently identified as such. Filing Users who file excerpts of documents as exhibits or attachments under
`this procedure do so without prejudice to their right to file timely additional excerpts or the complete document.
`Responding parties may file timely additional excerpts that they believe are relevant or the complete document.
`A party may move before the Court for permission to serve and file in hard copy documents that cannot be
`reasonably scanned.
`
`In cases where the record of an administrative or other prior proceeding must be filed with the Court,
`5.3
`such record may be served and filed in hard copy without prior motion and order of the Court. (See section 15 -
`Motions).
`
`Section 6. Sealed Documents
`
`6.1
`
`Documents may not be placed under seal without leave of the Court. Documents ordered to be placed
`
`7
`
`
`
`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`under seal may not be filed electronically.
`
`A motion to file documents under seal should be filed electronically unless prohibited by law, in
`6.2
`redacted form if necessary; however, a motion to file under seal that includes a statement of why the filing
`should not be made electronically may be made in paper copy. The order of the Court authorizing the filing of
`documents under seal may be filed electronically unless prohibited by law. For complete instructions see the
`sealed records filing instructions on the Cases page at www.nysd.uscourts.gov.
`
`A paper copy of the sealing order must be attached to the outside of the envelope containing the
`6.3
`documents under seal and be delivered to the Clerk’s Office. (See section 18 - Non-Electronic Documents).
`
`Section 7. Retention Requirements
`
`Documents that are electronically filed and require original signatures other than that of the Filing User must be
`maintained in paper form by the Filing User until one year after all time periods for appeals expire, except that
`affidavits, declarations and proofs of service must be maintained in paper form by the Filing User until five
`years after all time periods for appeals expire. On request of the Court, the Filing User must provide original
`documents for review.
`
`Section 8. Signatures
`
` The user log-in and password required to submit documents to the ECF system serve as the Filing
`8.1
`User’s signature on all electronic documents filed with the Court. They also serve as a signature for purposes of
`the Federal Rules of Civil Procedure, including Rule 11, the Federal Rules of Criminal Procedure, the Local
`Rules of this Court, and any other purpose for which a signature is required in connection with proceedings
`before the Court.
`
`Electronically filed documents must include a signature block and must set forth the name, address,
`8.2
`telephone number and e-mail address all in compliance with the Federal Rules of Civil Procedure and Local
`Civil Rule 11.1. In the absence of a scanned signature image, the name of the Filing User under whose log-in
`and password the document is submitted must be preceded by an “s/” typed in the space where the signature
`would otherwise appear.
`
` No Filing User or other person may knowingly permit or cause to permit a Filing User’s password to be
`8.3
`used by anyone other than an authorized agent of the Filing User.
`
` A document requiring the signature of a defendant in a criminal case may be electronically filed only in
`8.4
`a scanned format that contains an image of the defendant’s signature.
`
` Documents requiring signatures of more than one party must be electronically filed either by: (a)
`8.5
`submitting a scanned document containing all necessary signatures; (b) representing the consent of the other
`parties on the document; (c) identifying on the document the parties whose signatures are required and by the
`submission of a notice of endorsement by the other parties no later than three business days after filing; or
`(d) in any other manner approved by the Court. (See section 13 - ECF Basics).
`
`8
`
`
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`Section 9. Service of Documents by Electronic Means
`
`In cases assigned to the ECF system, service is complete provided all parties receive a Notice of
`9.1
`Electronic Filing (NEF), which is sent automatically by email from the Court (see the NEF for a list of who
`did/did not receive notice electronically). Transmission of the NEF constitutes service upon all Filing and
`Receiving Users who are listed as recipients of notice by electronic mail. It remains the duty of Filing and
`Receiving Users to maintain current contact information with the court and to regularly review the docket sheet
`of the case.
`
`Attorneys and pro se parties who are not Filing or Receiving Users must be served with a paper copy of
`9.2
`any electronically filed pleading or other document. Service of such paper copy must be made according to the
`Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Local Rules. Such paper
`service must be documented by electronically filing proof of service. Where the Clerk scans and electronically
`files pleadings and documents on behalf of a pro se party, the associated NEF constitutes service.
`
`Section 10. Notice of Court Orders and Judgments
`
`Immediately upon the entry of an order or judgment in a proceeding assigned to the ECF system, the Clerk will
`transmit to all Filing and Receiving Users in the case, in electronic form, a Notice of Electronic Filing (NEF).
`Electronic transmission of the NEF constitutes the notice required by Federal Rule of Criminal Procedure 49(c)
`and Federal Rule of Civil Procedure 77(d). In ECF cases, it remains the duty of Filing and Receiving Users to
`regularly review the docket sheet of the case. The Clerk must give notice in paper form to a person who is not a
`Filing or Receiving User in accordance with the Federal Rules of Civil Procedure or the Federal Rules of
`Criminal Procedure. In the case of any discrepancy between an order, decree, or judgment of the Court and the
`description of such order, decree, or judgment in the NEF, the order, decree, or judgment of the Court shall
`control. (See section 19 - Service of Electronically Filed Documents).
`
`Section 11. Technical Failures
`
`A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief from
`the Court. (See section 23 - ECF Computer System Information).
`
`Section 12. Public Access
`
`A person may review filings that have not been sealed by the Court, in person, at the Clerk’s Office.
`
`A person may also view available Court records on-line through the Public Access to Court Electronic Records
`(PACER) electronic public access service at pacer.gov (separate PACER log-in and password required). A
`person who has PACER access may retrieve docket sheets in civil, criminal and miscellaneous cases;
`documents in civil and miscellaneous cases assigned to the ECF System; and documents in criminal cases filed
`after November 1, 2004. Only counsel for the United States and for a defendant may retrieve documents in
`criminal cases filed prior to November 1, 2004. (See section 13 - ECF Basics).
`
`9
`
`
`
`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`Part II. Electronic Case Filing Instructions
`
`Section 13. ECF Basics
`
`13.1 May letters be filed electronically?
`
`Effective September 3, 2013, except for letters to be filed under seal, letters addressed to judges who accept
`letters may be filed electronically. Parties should consult the assigned judge’s Individual Practices to determine
`if the judge accepts letters at all and, if he or she does, whether the judge has any page limitations on letters
`and/or requires courtesy copies of letters filed on ECF (and, if so, by what means of delivery). All letters
`addressed to the Court must include a subject line with the case name and docket number (e.g., “Re: Doe v.
`Smith, 13 Civ. 1234 (ABC)”). Letters solely between parties or their counsel or otherwise not addressed to the
`Court may not be filed electronically on ECF (except as exhibits to an otherwise properly filed document).
`
`In civil cases, letters filed electronically must be filed in the following manner:
`
`•
`
`•
`
`•
`
`•
`
`Letters that are informational in nature, and do not request relief, should be filed using the ECF
`Filing Event LETTER listed under OTHER DOCUMENTS.
`
`Letters requesting relief must be permitted by the Local Rules and these Rules, and must be filed
`using the ECF Filing Event MOTION. After selecting the ECF Filing Event MOTION, the
`Filing User should identify the motion as a LETTER-MOTION. The Filing User must then
`select from the following list of motions that may be made by LETTER-MOTION:
`
`Motion to Adjourn Conference
`Motion to Change Attorney Name on Roll
`Motion for Conference
`Motion for Local Rule 37.2 Conference
`Motion for Extension of Time
`Motion for Extension of Time re Transcript
`Motion for Extension of Time to Amend
`Motion for Extension of Time to Complete Discovery
`Motion for Extension of Time to Answer
`Motion for Extension of Time to File Document
`Motion for Extension of Time to File Response/Reply
`Motion for Leave to File Excess Pages
`Motion to Reopen Case
`
`If the Filing User is making a type of motion that does not appear in this list, the motion may not
`be made by letter.
`
`If a motion is made by letter, the opposing party may file any response in letter form and the
`moving party may file any reply in letter form. When filing such a response letter or reply letter,
`the Filing User should answer yes when prompted if the filing is in connection with a letter-
`motion.
`
`10
`
`
`
`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`In criminal cases, letters filed electronically must be filed in the following manner:
`
`•
`
`•
`
`•
`
`Letters relating to sentencing should be filed using the the ECF Filing Event SENTENCING
`SUBMISSION.
`
`All other letters requesting relief should be filed using the ECF Filing Event MOTION. After
`selecting the ECF Filing Event MOTION, the Filing User should identify the motion as a
`LETTER-MOTION. If a motion is made by letter, the opposing party may file any response in
`letter form and the moving party may file any reply in letter form. When filing such a response
`letter or reply letter, the Filing User should answer yes when prompted if the filing is in
`connection with a LETTER-MOTION.
`
`All other letters — that is, letters that are informational in nature and do not request relief —
`should be filed using the ECF Filing Event LETTER listed under OTHER DOCUMENTS.
`
`13.2
`
`In brief, how do I file a document electronically?
`
`(a)
`
`Use the secure SDNY ECF password to log-in to the ECF system from any Internet connection.
`
`(b)
`
`Select the appropriate category, CIVIL or CRIMINAL.
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`Find the appropriate ECF Filing Event or title for the document. Find a list of ECF filing events
`in the ECF Filing Event Dictionary.
`
`Indicate the party filing the document (hold down the control key to designate more than one
`party).
`
`Upload a PDF-A copy of the document. Include any exhibits as attachments to the main
`document. Separately file supporting documents such as a Memorandum of Law or Affidavit in
`Support.
`
`Save the final screen, the Notice of Electronic Filing (NEF).
`
`Submit a paper courtesy copy to the judge if required (see the judge’s Individual Practices at
`www.nysd.uscourts.gov).
`
`13.3 What is the secure website for electronic filing on the SDNY ECF system?
`
`To file electronically, go to https://ecf.nysd.uscourts.gov, or link to the filing website via the Court’s website
`(see below). You will need your SDNY ECF log-in and password to file electronically.
`
`13.4 What is the public website for information about the Court?
`
`For publicly available information, go to www.nysd.uscourts.gov (no password required). From the homepage
`click on ECF for information on Electronic Case Filing.
`
`11
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`13.5 What are the mailing addresses for the Court?
`
`United States District Court, Southern District of New York, Daniel Patrick Moynihan United States
`Courthouse, 500 Pearl Street, New York, NY 10007-1312;
`
`United States District Court, Southern District of New York, Thurgood Marshall United States Courthouse, 40
`Centre Street, New York, NY 10007-1312; and
`
`United States District Court, Southern District of New York, Charles L. Brieant Jr. Federal Building and United
`States Courthouse, 300 Quarropas Street, White Plains, NY 10601-4150.
`
`13.6 How can I tell if my case is an ECF case?
`
`All new civil and criminal cases are assigned to the ECF system. The docket sheet will include the letters
`“ECF” in the upper right corner and an entry titled “CASE DESIGNATED ECF”.
`
`13.7
`
`If a case is deemed an ECF case, am I required to file documents electronically?
`
`Yes. In an ECF case the Filing User is responsible for electronically filing documents over the Internet using a
`secure SDNY log-in and password. With certain exceptions outlined below, the Clerk’s Office will not accept
`paper filings in an ECF case. (See section 18 - Non-Electronic Documents).
`
`13.8 May I file documents electronically in a non-ECF (paper) case?
`
`No. Do not file documents electronically in non-ECF (paper) case.
`
`13.9 Will the Court file documents electronically in a non-ECF (paper) case?
`
`Yes, the Court may file Orders and Opinions in electronic format in a non-ECF (paper) case. This will not
`convert a non-ECF case to an ECF case, and parties should continue to file documents on paper.
`
`13.10 Can I file electronically at any time?
`
`Yes. You can file electronically 24 hours a day, 7 days a week, 365 days a year. Filing must be completed
`before midnight local time where the Court is located in order to be considered timely filed that day. (See
`section 3 - Consequences of Electronic Case Filing).
`
`13.11 When is an electronically filed document deemed filed?
`
`An electronically filed document is deemed filed on the “filed on” date indicated on the Notice of Electronic
`Filing (NEF). (See section 3 - Consequences of Electronic Case Filing).
`
`13.12 What is a docket sheet, and how can I view one?
`
`The docket sheet is the official record of a case. You can view the docket sheet, including images of
`electronically filed documents, at the Clerk’s Office or remotely via the Public Access to Court Electronic
`Records (PACER) electronic public access service (pacer.gov). (See section 12 - Public Access).
`
`12
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`SD N Y ELEC TR O N IC C A SE FILIN G R U LES & IN STR U C TIO N S
`
`13.13 Should I routinely view the docket sheet in my case?
`
`Yes. In ECF cases parties are alerted to case activity by a Notice of Electronic Filing (NEF) sent by email.
`However, e-mail is not infallible. It remains the duty of Filing and Receiving Users to regularly review the
`docket sheet of the case in order not to miss a filing. (See section 9 - Service of Documents by Electronic
`Means).
`
`13.14 How do I sign an electronically filed document?
`
`The ECF log-in and password of the filing attorney serve as an electronic signature. The filing attorney may
`sign a document using a digital image of his or her signature or by placing an “s/” before his or her typed
`name. The attorney’s name and contact information, including e-mail address, must appear in the signature
`block below the signature line. Signatures for all other persons (clients, witnesses, etc.) must be scanned in
`order to capture the actual ink signature. (See section 8 - Signatures).
`
`13.15 How will I know if it is appropriate to electronically file my document?
`
`First, determine if your case is an ECF case - not all cases are ECF cases. When filing in an ECF case if you
`can find an ECF Filing Event that directly matches your document then it should be electronically filed. If you
`cannot find a matching ECF Filing Event it probably should not be electronically filed. The ECF Event
`Dictionary (available on our public website at www.nysd.uscourts.gov) is useful for finding your event and the
`category in which it is listed. See the list of non-ECF documents in section 18. (See section 24 - ECF Help
`Desk and Training).
`
`13.16 How do I find the correct ECF Filing Event for my document?
`
`When filing electronically you will be asked to name your document by selecting the appropriate ECF Filing
`Event. The ECF Filing Event is essentially the title of the document on the docket sheet, such as Motion for
`Summary Judgment or Affidavit in Support of Motion. ECF Filing Events are listed by category on the ECF
`system. Within each category is an alphabetical listing of available ECF Filing Events. You may use the
`search function to find your Filing Event. The ECF Event Dictionary (available on our website at
`www.nysd.uscourts.gov) is useful for finding your event and the category in which it is listed. If you cannot
`find the appropriate event for your document do not file it using the wrong event. Call the ECF Help Desk at
`(212) 805-0800 for assistance if necessary. (See section 24 - ECF Help Desk and Training).
`
`13.17 Should I continue to submit courtesy copies?
`
`Read the judge’s Individual Practices to learn if courtesy copies are required. Individual Practices are available
`on-line at www.nysd.uscourts.gov/judges. (See section 3 - Consequences of Electronic Case Filing).
`
`13.18 Are transcripts filed electronically?
`
`Pursuant to the Judicial Conference of the United States Policy on Privacy and Public Access to Electronic Case
`Files, official transcripts of Court proceedings taken by o