|Are there new court rules, general orders or guidelines which apply specifically to CM/ECF?|
|How are documents transmitted by ECF, filed by the court?|
|This court does not intend to keep paper documents.
Case files will consist entirely of electronic images. If a document is
sent to the court through ECF, the transmitted PDF file will serve as the
CM/ECF document image. If a document is submitted on paper, then the document
will be scanned and the resulting PDF document will be added to the electronic
file. The paper document will be destroyed.
most cases, ECF users will transmit documents and will not be required
to give the court a paper copy. However, attorneys who file new cases
will be required to send an originally signed affidavit of filing to the
court to provide a record that the debtors are aware of the filing and
acknowledge the accuracy of the petition and schedules. This document
will be imaged by court staff and then discarded.
|If I file new cases, proceedings or pleadings which require a filing fee, how is the fee paid?|
|Filing fees are paid by credit card. Participating attorneys
should prepare for CM/ECF by establishing a credit card account for use
in paying such fees and by setting up internal office policies concerning
staff who will have access to the credit card numbers and use of the account.
Filing fees are due when a case or document requiring a fee is due. During the docketing routine the filing party will be asked whether the fee should be paid. If the user answers yes, the user will be prompted to enter a credit card number and amount to be charged to that account. It is possible to pay fees for several cases or matters at the end of a session and not enter payment information separately for each case or document.
In normal cases, the court will expect the user to pay all fees when
filing a case or pleading. If this is not done, the court may dismiss
the case or strike the pleadings, and the court may also sanction the
attorney. In some Chapter 7 cases an attorney will represent a client who wishes
to pay the filing fee in installments. Attorneys
filing such cases can file an appropriate application to pay in installments
and can pay the initial installment when filing the case.
|Is there a charge for using CM/ECF?|
|There are no charges for using CM/ECF. Furthermore,
you will receive an instantaneous notification of filing when you transmit
a document to the court. A notification will also be sent to any other registered
users who are parties to the case, and both you and the other parties will
be able to view the filed document without charge.
you will still be charged for viewing case information and document images
in existing cases. If you wish to view documents in a case file you will
still have to log in to PACER. See PACER Fees.
|Who gets a "free look" at documents that are electronically noticed?|
Public users are billed for pages accessed in CM/ECF (other than opinions), except when they receive a Notice of Electronic Filing via email. If they click on the hyperlink to the document which was filed, they will not be asked to log in and will not be billed for this first view. A free look is also available to any additional email addresses that participants wish to include in their CM/ECF user account information. This free view is only available during the first 15 days after the docket entry is made. If they access the same document again, they will have to log in (if they are not already logged in) and will be charged; to avoid additional charges, they should download the document during the first (free) viewing. A charge is incurred if the recipient is not a participant (party or attorney) in the case. All public users are charged for access to the docket report if they click the case number link on the Notice of Electronic Filing and run the report.
|What assistance is available from the Bankruptcy Court to help me make the transition to this program?|
The Bankruptcy Court provides the
|What hardware and software do I need to access CM/ECF?|
|What is the basic procedure for filing documents using CM/ECF?|
|CM/ECF is far more than just a method
for transmitting documents to the court in electronic format. When a new
case or document is sent to the court, the user will input case information
which will create the docket text for the new event or set up a new case
in our system. The user will attach the filed document to the docket text
and the system will generate a receipt showing the filing date and transmit
the receipt to both the user and to any parties who are registered CM/ECF
users in the case. This notification will contain a hyperlink to the document
so that the parties will be able to actually view the filed document.
Here are the basic steps:
|What is the difference between CM/ECF and PACER?|
is a Case Management system with Electronic Case Files. Registered users
will receive a CM/ECF login, which they can use to file documents electronically.
Access to Court Electronic Records) is a nationally developed system,
which courts around the country are using, to bill the public when querying
court records and imaged documents through the Internet. After CM/ECF
is implemented, those with PACER accounts can continue to use these same
logins and passwords to query CM/ECF case information. Both the PACER
and CM/ECF logins may be combined, to eliminate logging in twice. Billing
will continue to occur when using PACER for query, but not when filing
documents electronically with the court using CM/ECF. See billing
for more information.
|What should I do to become a registered CM/ECF user?|
In order to use CM/ECF you need a login
and a password, which you may receive only upon taking a four-hour course
presented by Bankruptcy Court staff in our training room at the court
in Honolulu. The training program is
given without charge and is open to attorneys and paralegal staff. Upon
completion of the course, participants are given a login and password.
At this time there is no specific plan to do training on the outer islands,
but if there is sufficient demand and if we can find a suitable location,
this is a possibility. Contact the Clerk's Office CMECF Help Desk for more information.
|What should I do to prepare for CM/ECF ?|
If all of the above has been accomplished, you
are ready to take our training course and become a registered user.
|Will CM/ECF become mandatory in the future?|
At this time
the court is offering CM/ECF on a voluntary basis. It is possible that
CM/ECF use will become mandatory in the future.
|Where can I read more about CM/ECF?|
|Visit these national sites:|
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