System Down: What To Do When CM/ECF Fails | Practical Law

System Down: What To Do When CM/ECF Fails | Practical Law

This Legal Update addresses how attorneys can be prepared for a CM/ECF system malfunction.

System Down: What To Do When CM/ECF Fails

Practical Law Legal Update 0-557-3545 (Approx. 3 pages)

System Down: What To Do When CM/ECF Fails

by Practical Law Litigation
Law stated as of 11 Feb 2014 • USA (National/Federal)
This Legal Update addresses how attorneys can be prepared for a CM/ECF system malfunction.
When a court's case management/electronic case filing (CM/ECF) system malfunctions, the risk of missing a filing deadline increases, panic strikes and immediate action is required. Attorneys across the country have recently confronted this scenario due to system outages in several courts, including a handful of the US courts of appeals and the US District Courts for the Southern District of Florida and District of Connecticut.
To be prepared in the event of a CM/ECF system malfunction, and to avoid the accompanying stress and panic caused by the possibility of a missed filing deadline, counsel should:
  • Know the rules and procedures for filing documents when the CM/ECF system is down, which may be found in the court's:
    • local rules;
    • CM/ECF filing rules and procedures; and
    • website.
  • Be familiar with Federal Rule of Civil Procedure (FRCP) 6(a)(3), which governs the extension of filing deadlines when the clerk's office is considered inaccessible.
  • Keep the CM/ECF Help Desk telephone number handy.
For guidance on what to do when a court's CM/ECF system malfunctions and whether the failure renders the clerk's office inaccessible under FRCP 6(a)(3), see Practice Notes, Computing and Extending Time in Federal Litigation and E-Filing in Federal District Court: Filing and Service: E-Filing Difficulties. For links to the websites, local rules and electronic case filing rules for every US district court, see the Court Rules page.