Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
1.0 ELECTRONIC FILING SYSTEM
A. IN GENERAL
Unless otherwise permitted by these policies and procedures or otherwise
authorized by the assigned judge or other rule, all documents submitted for filing
in this district shall be electronically filed
1
using the Case Management/Electronic
Case Filing system (“CM/ECF”) by converting each document into a searchable
text PDF document
2
and uploading it into CM/ECF. Documents may also be
submitted for filing to the Clerk’s Office on CD-ROM as PDF
3
files.
1. Parties proceeding pro se shall not file electronically, unless otherwise ordered
by the court.
2. Social Security cases shall be subject to the limitations imposed in 3.0(B) of
these procedures.
3. Juvenile criminal matters shall be filed under seal unless the court rules that
the juvenile shall be tried as an adult.
4. While registered attorneys of record will have remote access to documents in
criminal cases, public remote access is only available for documents filed
1
“Electronically filed” means uploading a pleading or document directly from the registered user’s computer, using
the court’s internet-based system to file that pleading or document in the court’s case file. Sending a document or
pleading to the court via e-mail does not constitute “electronic filing.” The court does not accept emailed or
faxed documents for filing.
2
When converting documents to be subsequently filed electronically, filing parties should make certain their PDF
creation software is configured for 300 dpi and black and white rather than color scanning. The filing party is
responsible for the legibility of the PDF document. If for any reason a document cannot be easily read after
scanning, the filing party should not electronically file the document. Instead, the filing party must seek an Order
from the Court allowing them to file the document manually with the Clerk’s Office.
3
A document created with almost any word-processing program can be converted to a PDF file. The PDF program
in effect takes a picture of the original document and allows anyone to open the converted document across a broad
range of hardware and software, with layout, format, links, and images intact. For information on PDF files, users
may visit the websites of PDF vendors, such as http://www.adobe.com/products/acrobat/.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
AFTER November 1, 2004, pursuant to the E-Government Act of 2004
4
.
Public access to docket sheets in criminal cases is available from the Clerk’s
Office for documents filed prior to November 1, 2004. Members of the public
may view electronic files at the public terminals in the Clerk’s Office.
5. An attorney may apply to the assigned judge for permission to file paper
documents manually with the Clerk’s Office. Even if the assigned judge
initially grants an attorney permission to file paper documents manually, the
assigned judge may withdraw that permission at any time during the pendency
of a case and require the attorney to file future documents electronically using
CM/ECF.
6. The Clerk’s Office or any judge of this court may deviate from these
procedures in specific cases, without prior notice, if deemed appropriate in the
exercise of discretion, taking into consideration the need for the just, speedy,
and inexpensive determination of matters pending before the Court. The
Clerk may also amend these procedures at any time without prior notice.
B. PASSWORDS.
Each attorney admitted to practice in the Southern District of Ohio shall be
entitled to one CM/ECF password from the District Court. The password permits
the attorney to participate in the electronic filing of pleadings and other papers.
1. No attorney shall knowingly permit or cause his or her password to be used by
anyone other than an authorized employee of his or her office.
2. The attorney shall be responsible for all documents filed with his or her
password.
3. An attorney admitted Pro Hac Vice must register for a login and password in
accordance with these Policies and Procedures.
4
On March 13, 2002, the Judicial Conference of the United States approved an exception to the prohibition on
public access to criminal case records. In a high-profile criminal case where the demand for documents will
“impose extraordinary demands on a court’s resources,’ that court is authorized to provide Internet access to
criminal case files “if all parties consent to the trial judge or presiding judge of an appellate panel finds that such
access would be warranted.”
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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4. By registering for electronic filing, an attorney consents to service by
electronic means (pursuant to Fed. R. Civ. P. 5(b)(2)(E)) to the attorney’s
email address on file with the Court, of all documents required to be served in
the case whether or not they are filed with the Clerk (e.g. discovery
documents).
C. REGISTRATION.
1. Each attorney filing electronically must complete the Attorney Registration
Form available on the court’s web site at www.ohsd.uscourts.gov/cmecf.htm.
The court will issue passwords only to attorneys in good standing. To be in
good standing, an attorney must meet the requirements in S.D. Ohio Civ. R.
83.3 and 83.4
5
.
2. To ensure that the Clerk’s Office has correctly entered a registering attorney’s
internet e-mail address in CM/ECF, the Clerk’s Office will send the attorney
an e-mail message containing his or her login and password. It is the
attorney’s responsibility to read the instructions contained in the e-mail to
verify that all the information in his or her account is correct.
3. After registering, attorneys may change their password. If an attorney comes
to believe that the security of an existing password has been compromised, the
attorney must change his or her password immediately. An attorney whose e-
mail address, mailing address, telephone or fax number has changed from that
of the original Attorney Registration Form, shall timely file a notice of a
change of address and serve a copy of the notice on all other parties in all
cases in which the attorney has entered an appearance. Once the attorney has
notified all other parties, the attorney shall update his or her e-mail address,
mailing address, telephone or fax number using the CM/ECF Utilities,
“Maintain Your Account.” If the attorney requires assistance during this
process, he or she should contact the Clerk’s Office.
5
S.D. Ohio Civ. R. 83.3(g)(4) exempts from payment of PHV fees attorneys representing governmental agencies of
the United States, members of the Ohio Attorney General’s Office, assistant federal public defenders, or attorneys
employed by the Ohio Public Defender who appear in either civil or criminal matters.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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2.0 ELECTRONIC FILING AND SERVICE OF DOCUMENTS.
A. FILING.
1. If the attorney has been given permission to initiate new civil cases in
CM/ECF, the civil cover sheet, summonses and state court pleadings (if
applicable) should be filed as attachments to the initiating document (i.e.
Complaint, Motion to Proceed In Forma Pauperis, or Notice of Removal).
2. All charging documents in criminal cases (i.e., the complaint, information,
and indictment), along with the required AO257 information sheet, must be
delivered to the Clerk’s Office for scanning and docketing.
3. Each document filed after the complaint or other initial document shall bear
the assigned case number in the following format: 1:03cv12345 or 2:05cr23
(4). (The first digit represents the location of Court – 1 for Cincinnati, 2 for
Columbus, 3 for Dayton. The second number is the year of initial filing. “CV”
designates a civil case, “CR” designates a criminal case, MJ designates a
Magistrate Judge case, MC designates a miscellaneous case, and PO
designates a petty offense case. The third number is a sequential number
assigned by the court. The final number in parenthesis indicates the number
assigned to a particular defendant in a multi-defendant criminal case.)
4. E-mailing a document to the Clerk’s Office or to the assigned judge does not
constitute filing the document. The Clerk’s Office does not accept faxed or
emailed documents for filing. A document shall not be considered filed for
purposes of the Federal Rules of Civil or Criminal Procedure until the filing
party receives a system-generated “Notice of Electronic Filing” described in
2.0(B)1 of these procedures.
5. New Actions.
a. In addition to allowing attorneys with authorization to open new
actions and file initiating documents electronically, the Clerk’s Office
will accept them sent by United States mail or delivered in person to
the Clerk’s Office.
i. If a filing party is submitting a complaint or removal case in
paper form, all of the documents must also be submitted in PDF
format on a CD-ROM, i.e. in forma pauperis applications,
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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answers, notice of disclosure. Any exhibit attached to a
document should also be a separate PDF file and should be
labeled as such, i.e. Complaint Ex A, Complaint Ex B.
ii. The filing fee must accompany a new action sent through the
United States mail or personally delivered to the Clerk’s Office.
The Clerk’s Office will upload the initiating document and all
other documents from the submitted PDF file(s) to CM/ECF and
then the paper documents will be discarded.
b. New cases are deemed filed the day the Clerk’s Office receives the
initiating document and any required filing fee or when leave to
proceed in forma pauperis is granted.
c. A party may not serve a complaint electronically, but instead must
effect service of the summons and complaint according to Fed. R. Civ.
P.4 or S.D. Ohio Civ. R. 4.2.
6. Summonses.
a. The Clerk’s Office will issue summonses requested in any of the
following three ways.
i. A summons sent to the Clerk’s Office by United States mail.
ii. A summons delivered to the Clerk’s Office in person.
iii. A summons (with the electronic seal added by the Clerk) filed
in CM/ECF.
b. The party requesting the summons must complete the top portion of
the summons form.
i. If sending the summons to the Clerk of Court by United States
mail, a self-addressed, stamped, return envelope must be
enclosed.
ii. Once a summons has been issued, the Clerk’s Office will
upload the summons to CM/ECF and then return the original
paper summons to the attorney or party.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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iii. If the summons to be issued was electronically filed
6
, the
Clerk’s Office will issue the summons within 24 hours. If
issuance of the summons is needed the same day, please
contact the Clerk’s Office where the case is pending.
7. A document will be deemed timely filed if electronically filed prior to
midnight on the due date, unless the assigned judge has ordered the document
filed by an earlier time on that date. The time at the Court (Eastern Standard
or Eastern Daylight) governs, rather than the time zone from which the filing
is made.
8. If filing a document requires leave of the court, such as an amended
complaint, the attorney shall attach the proposed document as an exhibit to the
motion according to the procedures in4.0(B). If the court grants the motion,
the attorney shall separately file the document electronically with the court
unless otherwise specified in the Order.
9. Attachments and exhibits are to be filed electronically. In the event that the
attachments and/or exhibits exceed the maximum file size of 10 megabytes
per file, the attorney should attempt to reduce the file size or split the PDF
document into multiple files.
a. For example, if Exhibit A is a 1000 page document and after
scanning/converting the document to a PDF file, the PDF is 11
megabytes, you should scan the document (or split the document) into
two 500 page PDF files. The PDF files would then be labeled “Exhibit
A part 1” and “Exhibit A part 2.”
b. In the event you are not able to reduce the size of the PDF files so that
they can be uploaded to CM/ECF, you must seek leave of Court before
filing any document manually. Attachments or exhibits that are
manually filed with the Clerk’s Office must be served on all other
parties to the case. Documents filed in this manner which are not
6
To electronically file a summons (to be issued by the Clerk’s Office) separately from the complaint use the event
“Notice (Other)” located under the Other Filings category in CM/ECF. When prompted to enter additional text, you
should include the following; “Request for issuance of summons.” If further assistance is needed, please contact the
Clerk’s Office
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
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United States District Court, Southern District of Ohio
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uploaded to CM/ECF will be maintained in the Clerk’s Office; a
docket text entry will be made by the Clerk stating that a manual filing
has been accepted. The filing party must provide a CD-ROM with the
documents in PDF format.
10. The Clerk’s Office will not maintain a paper court file in any case initially
filed after September 1, 2003, except as otherwise provided in these
procedures. The official court record will be the electronic file maintained in
CM/ECF. The official record will include, however, any paper documents or
exhibits filed in accordance with these procedures.
a. The Clerk will discard all paper documents after they are scanned and
uploaded to CM/ECF.
b. However, if an attorney believes a paper document with original
signatures has some intrinsic value, the attorney is encouraged to
retain the original document. An attorney who wishes to have a paper
document returned after the Clerk’s Office scans and uploads it to
CM/ECF shall provide a self-addressed, stamped envelope for its
return at the time of filing. If said envelope is not provided, the paper
document will be discarded.
11. Official Transcribers and Contract Court Reporters. In addition to
submitting to the Clerk’s Office the tapes of transcribed proceedings and
original notes, if applicable, an official transcriber or contract court
reporter must have the certified transcript of those proceedings
electronically filed in CM/ECF by submitting to the Clerk’s Office CD-
ROM containing the certified transcript of the proceedings in PDF format.
A transcriber or court reporter will not receive payment until the
transcriber or reporter has both returned the tape and notes, if applicable,
of a proceeding to the Clerk’s Office and submitted the transcript to the
Clerk’s Office electronically. While some offices are filing transcripts
electronically, they are a “restricted document” and not viewable via
CM/ECF. See the policy on Electronic Availability of Transcripts. The
parties must request a paper copy from the official court reporter.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
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B. SERVICE OF DOCUMENTS AFTER THE COMPLAINT.
1. Whenever a document is filed electronically in accordance with these
procedures, CM/ECF will generate a “Notice of Electronic Filing” to the filing
party, any other party who is a registered user
7
and has requested electronic
notice in that case and to the assigned judge(s) if he or she has elected to
receive notice.
a. If the recipient is a registered participant in CM/ECF, the e-mailing of
the “Notice of Electronic Filing” shall constitute service under Fed. R.
Civ. P. 5(b)(2)(E).
b. Service of the “Notice of Electronic Filing” on a party who is not a
registered participant in CM/ECF may be accomplished subject to the
additional service requirements of B(3) below.
2. A certificate of service on all parties entitled to service or notice is still
required when a party files a document electronically. The certificate must
state the manner in which service or notice was accomplished on each party.
Sample language for a certificate of service is attached to these procedures as
Form A.
3. A party who is not a registered participant in CM/ECF is entitled to a paper
copy of any electronically filed document. The filing party must therefore
provide the non-registered party with the document as provided in Fed. R.
Civ. P. 5. When mailing paper copies of documents that have been
electronically filed, the filing party must include the “Notice of Electronic
Filing” to provide the recipient with proof of the filing.
4. Parties served electronically are entitled to the same three-day extension of
time to respond as if they had been served by mail. Fed. R. Civ. P. 6(d); Fed.
R. Crim. P. 45(c)
8
.
7
To determine whether another party is a registered user, the filer can select the “Utilities” category in CM/ECF,
then click on “Mailings”, and then click on “Mailing Info for a Case.” The filer then enters the case number and the
system information will appear, stating whether or not the filer must mail a copy or if CM/ECF will electronically
generate one.
8
Attorneys should be aware that the response due date, which appears when either electronically filing a motion or
querying deadlines, is for court use only and should not be relied upon as an accurate computation of the response
date.
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and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
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5. A filer who brings a document to the Clerk’s Office for uploading to CM/ECF
must serve paper copies on all nonregistered parties to the case and should
expect some delay in the uploading and subsequent electronic noticing of the
document. If time is an issue, filers should consider paper service or service
by an alternate means on registered parties, such as e-mail or fax.
6. In accordance with S.D. Ohio Civ. R. 79.3, documents may be filed under seal
only with prior judicial approval. Filers of sealed documents must serve paper
copies on all parties in the case.
C. SIGNATURES.
1. Non-Attorney Signature, Generally. If an original paper document is
signed by a non-attorney, the filing party or the Clerk’s Office shall scan
the original document, and then electronically file it on CM/ECF.
a. The electronically filed document as it is maintained on CM/ECF
constitutes the official version of that record. The court will not
maintain a paper copy of the original document.
b. An affidavit signed by a third party must be scanned from the original
document and uploaded to CM/ECF by the filer or the Clerk.
2. Attorney Signatures. Any document that is filed electronically that requires
an attorney’s signature shall be signed in the following manner: “s/ (attorney
name).” The correct format for an attorney signature is as follows:
s/ Judith Attorney
Judith Attorney (Ohio Bar Number: 12345)
Trial Attorney for (Plaintiff/Defendant) ABC
Law Firm Name
123 South Street
Dayton, OH 45402
Telephone: (937) 123-4567
E-mail: [email protected]
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and Procedures Manual
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Original Publication Date:
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3. Multiple Signatures. The following procedure applies when a stipulation
or other document requires two or more signatures.
a. The filing party or attorney shall initially confirm that the content of
the document is acceptable to all persons required to sign the
document. The filer will indicate the agreement of other counsel or
parties at the appropriate place in the document, usually on the
signature line.
b. The filing party or attorney then shall file the document electronically,
indicating the signatories, e.g., “s/ Jane Doe,” “s/ John Smith per
telephone authorization,” etc.
4. Documents in Criminal Cases. Several documents in criminal cases
require the signature of a non-attorney, such as a grand jury foreperson, a
defendant, a third-party custodian, a United States Marshal, an officer
from Pretrial Services or Probation, or federal officers or agents. In
general, the Clerk’s Office will scan these documents, upload them to
CM/ECF, and except as otherwise provided by these Policies and
Procedures, discard them. The electronically filed document as it is
maintained on CM/ECF shall constitute the official version of that record.
5. Authenticity. Anyone who disputes the authenticity of an electronically
filed document or the authenticity of a signature on an electronically filed
document must file an objection within ten days of receiving notice of the
filing of that document.
D. FEES PAYABLE TO THE CLERK.
Any fee required for filing a pleading or paper in District Court is payable to the Clerk,
U.S. District Court by check drawn on the attorney’s account, money order, cash or in
person by credit card. Personal checks are generally not accepted as a form of payment.
The Clerk’s Office, upon its own discretion may accept a personal check in limited
circumstances. Any returned check will be subject to all penalties and fines permitted by
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and Procedures Manual
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Original Publication Date:
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law including a returned check fee in an amount set by the Administrative Office of the
United States. Such fees are posted on the court’s website under “Fee Schedule”.
Anyone tendering a check for payment of fees that gets returned for insufficient funds
will be prohibited from further payments using personal checks. The Clerk’s Office will
document the receipt of fees on the docket with a text-only entry. The Court will not
maintain electronic billing or debit accounts for lawyers or law firms. If you are filing an
appeal or Pro Hac Vice motion or any other pleading or document that requires a
payment of a fee, you may file that document electronically and submit the required
payment via United States mail or deliver it in person along with a copy of the Notice of
Electronic Filing receipt. Alternatively, attorneys authorized to initiate a new actions on
line will be given permission to pay their fees on line via pay.gov.
E. ORDERS
1. The assigned judge or the Clerk’s Office shall electronically file all signed
orders. Any order signed electronically has the same force and effect as if the
judge had signed a paper copy in ink.
2. Proposed orders may be submitted as outlined below.
a. A moving party may, after filing a motion, submit to the judge a
proposed order granting the motion and setting forth the requested
relief. The proposed order shall be e-mailed to the assigned judge at
the address listed in 2(d) below.
b. Electronically submitted proposed orders may not be combined with
the motion into one document. When electronically filing the motion,
the proposed order may be attached as an exhibit to the motion.
Alternatively, the proposed order can be electronically filed separately
using “Notice (Other),” event however, the motion must be filed prior
to filing the proposed order or submitting the proposed order to the
judge. If the proposed order is electronically filed separately or
submitted to the judge, the proposed order must refer to the resulting
docket entry number for the motion.
c. All proposed orders being e-mailed must be submitted in a format
compatible with, Microsoft Word which is a “Save As” option in most
word processing software. Judges will not accept proposed orders in
PDF/A format because they cannot be readily modified.
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and Procedures Manual
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Original Publication Date:
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d. A proposed order should be attached to an e-mail sent to the e-mail
address of the assigned judge. The judges’ e-mail addresses for
proposed orders are in the following format: Judge’s
Last[email protected].
3. When mailing paper copies of an electronically filed order to a party who is
not a registered participant of CM/ECF, the Clerk’s Office will include the
Notice of Electronic Filing to provide the nonparticipant with proof of the
filing.
4. The assigned judge may grant routine motions by a notation entry on the
docket. CM/ECF will generate a “Notice of Electronic Filing” which will
include the text of the notation order. The Clerk’s Office will mail a copy of
the notation order to all non-registered users.
F. TITLE OF DOCKET ENTRIES.
The party electronically filing a pleading or other document shall be responsible
for designating a docket entry title for the document by using one of the docket
event categories prescribed by the Court
9
.
G. CORRECTING DOCKET ENTRIES.
1. Once a document is submitted and becomes part of the case docket,
corrections to the docket are made only by the Clerk’s Office. CM/ECF will
not permit the filing party to make changes to any document or docket entry
once the transaction has been submitted.
2. A document incorrectly filed in a case may be the result of posting the wrong
PDF file to a docket entry, or selecting the wrong document type from the
menu, or entering the wrong case number and not catching the error before the
transaction is completed. The filing party should not attempt to refile the
9
Readers may view the civil and criminal events for attorneys in CM/ECF on the court’s web site.
CIVIL EVENTS - http:www.ohsd.uscourts.gov/cmecf/civecf.pdf
CRIMINAL EVENTS - http:www.ohsd.uscourts.gov/cmecf/crimecf.pdf.
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document unless instructed to do so by the Clerk’s Office.
3. As soon as possible after an error is discovered, the filing party should contact
the Clerk’s Office with the case number and document number for which the
correction is being requested. If appropriate, the court will make an entry
indicating that the document was filed in error. The filing party will be
advised if the document will need to be refiled.
4. Only a judge can strike a document once it has been filed. Fed. R. Civ. P.
12(f). However, if a document is filed in error (e.g., a document is filed in the
wrong case, or the wrong electronic document is filed, or the electronic file is
corrupt or unreadable), the Clerk may delete the document from CM/ECF.
The Clerk will then immediately notify the filer of the error and whether the
document needs to be refiled. The Clerk will not delete the relevant docket
text, but will annotate the docket with a Notice of Correction to explain the
reason for deletion, and that the filer has been notified.
H. TECHNICAL FAILURES.
1. The Clerk’s Office shall deem the Southern District of Ohio CM/ECF site to
be subject to a technical failure on a given day if the site is unable to accept
filings continuously or intermittently over the course of any period of time
greater than one hour after 10:00 a.m. that day. Known system outages will
be posted on the Court’s web site, when possible.
2. Problems on the filer’s end, such as phone line problems, problems with the
filer’s Internet Service Provider (ISP), or hardware or software problems, may
also prevent timely filing. A filer who cannot file a document electronically
because of a problem on the filer’s end must file the document on paper and in
PDF format on a CD-ROM.
3. A filing party whose filing is made untimely as the result of a technical failure
of the court’s CM/ECF site or at the filer’s end may seek appropriate relief
from the judge.
I. PRIVACY.
1. Redacted Documents. Filing parties shall redact private personal
information from filings in accordance with Fed. R. Civ. P. 5.2.
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2. Unredacted Documents. With leave of the court, a party may file under seal
a document containing the unredacted personal data identifiers listed in Fed.
R. Civ. P. 5.2(a).
a. The party seeking to file an unredacted document shall file
electronically a motion to file the document under seal pursuant to
Fed. R. Civ. P. 5.2.
b. In granting the motion or application to seal, the assigned judge may
require the party to file a redacted copy for the public record.
3. The responsibility for redacting personal data identifiers rests solely with
counsel and the parties. The Clerk’s Office will not review documents for
compliance with this rule, seal on its own motion documents containing
personal data identifiers, or redact documents, whether filed electronically or
on paper (See FRCP 5.2 Advisory Notes, 2007 Adoption). The court may,
however, order an unredacted document sealed to protect privacy interests,
particularly of non-parties.
3.0 FILING OF PAPER DOCUMENTS.
The following procedures govern the filing of paper documents. The Court, upon
application and for good cause shown, may also authorize filing of other paper documents
not otherwise subject to these procedures.
A. PRO SE FILERS.
Pro se filers shall file paper originals of all complaints, pleadings, motions,
affidavits, briefs, and other documents which must be signed or which require
either verification or an unsworn declaration under any rule or statute unless
otherwise ordered by the court. The Clerk’s Office will scan these original
documents into an electronic file and upload them to CM/ECF.
B. SOCIAL SECURITY CASES.
All documents, notices, and orders in Social Security cases shall be filed and
noticed electronically, except as noted below.
1. Unless the filer is otherwise authorized to initiate a new action electronically,
the complaint and other documents typically submitted at the time a Social
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and Procedures Manual
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Security case is filed initially will be filed electronically and served according
to 2.0(A) of these procedures.
2. Social Security transcripts will be filed in paper format without leave of Court
or filed electronically. If the Social Security transcripts are filed manually, the
Clerk’s Office will not scan or file the transcript electronically. The Clerk’s
Office will docket a text-only event stating that the transcript is available in
paper format at the Clerk’s Office.
4.0 EXHIBITS.
A. EXHIBITS NOT IN SUPPORT OF A MOTION.
This section applies to exhibits other than those submitted in support of a motion,
e.g., an attachment to a complaint. Exhibits submitted in support of a motion are
governed by 4.0(B) of these procedures.
1. With leave of Court, a party may submit paper exhibits which are not
available in electronic form or which are too lengthy to scan. Lengthy
documents submitted to the Clerk’s Office in paper form should not be bound.
The Clerk’s Office will note on the docket its receipt of the document(s) or
exhibit(s) with a text-only entry.
2. A filing party should attempt to scan a paper exhibit and electronically file the
exhibit as an attachment to the document being filed. Because PDF files
containing scanned documents take up considerably more space in CM/ECF
than PDF files containing electronically-generated documents, the Clerk
recommends that filing parties electronically file PDF files containing scanned
documents of more than 10 megabytes in separate smaller file sizes. For
example, if Exhibit A is a 1,000 page document and after scanning/converting
the document to a PDF file, the PDF is 11 megabytes, you should scan the
document (or split the document) into two 500 page PDF files. The PDF files
would then be labeled “Exhibit A part 1” and “Exhibit A part 2.”
3. Because uploading documents scanned in color or containing a graphic take
much longer, filing parties must configure their scanners to scan documents at
300 dpi and in black and white rather than in color. Documents appearing in
color in their original form, such as color photographs, may be scanned in
color and then uploaded to CM/ECF.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
Page 16 of 20
U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
4. The filing party is required to verify the readability of scanned documents
before filing them electronically with the court.
5. Paper exhibits filed with the Clerk shall be served on all parties by the filing
party.
B. EXHIBITS IN SUPPORT OF A MOTION.
In general, exhibits in support of a motion should not be filed on paper, but rather
be filed electronically.
1. A filing party should attempt to scan a paper exhibit and electronically file the
exhibit as an attachment to the document being filed. Because PDF files
containing scanned documents take up considerably more space in CM/ECF
than PDF files containing electronically-generated documents, the Clerk
recommends that filing parties electronically file PDF files containing scanned
documents of more than 10 megabytes in separate smaller file sizes. For
example, if Exhibit A is a 1,000 page document and after scanning/converting
the document to a PDF file, the PDF is 11 megabytes, you should scan the
document (or split the document) into 2- 500 page PDF files. The PDF files
would then be labeled “Exhibit A part 1” and “Exhibit A part 2.”
2. Because uploading documents scanned in color or containing a graphic take
much longer, filing parties must configure their scanners to scan documents at
300 dpi and in black and white rather than in color. Documents appearing in
color in their original form, such as color photographs, may be scanned in
color and then uploaded to CM/ECF.
3. The filing party is required to verify the readability of scanned documents
before filing them electronically with the court.
4. A party submitting paper exhibits shall also file a paper index of evidence
listing each exhibit being filed and identify the motion to which it relates.
5. Any copies of supporting materials filed in paper format shall be served on all
parties by the filing party.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
Page 17 of 20
U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
5.0 PUBLIC ACCESS TO THE CM/ECF DOCKET.
A. PUBLIC ACCESS TO THE COURT
Access to the electronic docket and documents filed in CM/ECF is available for
viewing to the public at no charge at the Clerk’s Office during regular business hours.
A copy fee for an electronic reproduction is required by 28 U.S.C. § 1914. The
appropriate fee for copies can be found on the court’s website at
http://www.ohsd.uscourts.gov/feeschedule.htm.
B. INTERNET ACCESS
Remote electronic access to CM/ECF for viewing purposes is limited to subscribers
to the Public Access to Court Electronic Records (“PACER”) system. The Judicial
Conference of the United States requires that a user fee be charged for remotely
accessing certain detailed case information, such as filed documents and docket
sheets in civil cases, but excluding review of calendars and similar general
information
10
. For PACER fees or information on accessing documents through
PACER visit their website at http://www.pacer.gov or call them at 1-800-676-6856.
10
The access fee does not apply to official recipients of electronic documents, i.e., parties legally required to receive
service or to whom service is directed by the filer in the context of service under Federal Rules of Civil Procedure.
Official recipients will receive the initial electronic copy of a document free to download as they see fit, but if they
remotely access the document again, they will be charged for printing and/or viewing.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
Page 18 of 20
U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
C. COPIES AND CERTIFIED COPIES
Copies of electronically filed documents or certified copies of documents, may be
purchased at the Clerk’s Office. The fee for copying and certifying will be in
accordance with 28 U.S.C. § 1914. See also the Fee Schedule on the court’s website
http:/www.ohsd.uscourts.gov/feeschedule.htm.
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
Page 19 of 20
U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
FORM A
IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT
OF OHIO
SAMPLE FORMATS - CERTIFICATE OF SERVICE
Sample A
I hereby certify that on (Date) , I electronically filed the foregoing with the Clerk of the Court
using the CM/ECF system, which will send notification of such filing to the following:
____________________________________________, and I hereby certify that I have mailed
by United States Postal Service the document to the following non CM/ECF
participants:_______________________________________.
s/_______________________________
Attorney’s Name and Bar Number
Trial Attorney for (Plaintiff/Defendant)
Law Firm Name
Law Firm Address
Law Firm Phone Number
Law Firm Fax Number
Attorney’s E-mail Address
Sample B (Trial Attorney’s original ink signature required on all documents delivered to
the Clerk’s Office for filing.)
I hereby certify that on (Date) , I presented the foregoing to the Clerk of the Court for filing and
uploading to the CM/ECF system, which will send notification of such filing to the following:
____________________________________________, and I hereby certify that I have mailed
by United States Postal Service the document to the following non CM/ECF
participants:_______________________________________.
_______________________________
Attorney’s Name and Bar Number
Trial Attorney for (Plaintiff/Defendant)
Law Firm Name
Law Firm Address
Law Firm Phone Number
Law Firm Fax Number
Attorney’s E-mail Address
Electronic Filing Policies
and Procedures Manual
Effective: 02/22/2013
Original Publication Date:
02/22/2013
United States District Court, Southern District of Ohio
Page 20 of 20
U.S. District Court, Southern District of Ohio Cincinnati|Columbus|Dayton February 22, 2013
