The Court may suspend or terminate electronic filing- rights under the following circumstances:
If the Court determines that an attorney (a) has changed firms and has failed to alert the Clerk, or (b) that multiple attempts at electronic delivery of notices to the e-mail address provided by the attorney at his or her CM/ECF account have failed, or (c) if the Court obtains other evidence that an attorney has failed to maintain accurate contact information for electronic filing and notice purposes, the Clerk shall immediately terminate the attorney's CM/ECF access.
If a Judge determines, based on a review of the user’s actions, that an e-filer has demonstrated the inability to use the system properly, then the Judge may direct the e-filer to obtain additional training or the Clerk to suspend the e-filer’s access, either permanently or pending the completion of additional training. Inability to use the system properly shall be determined by any of the following: (a) an above average number of notices of deficient filing; (b) repeated failure to respond to notices of deficient filing; (c) repeated failure to select correct events designed to collect statistical data; (d) unauthorized use of another e-filer's ECF credentials; (e) failure to protect ECF credentials from unauthorized use by others; (f) repeated failure to remit fees electronically; or (g) any other persistent conduct that produces errors or inaccuracies requiring Court resources to rectify. The Judge may rely on the Clerk for information establishing an e-filer’s inability to use the system properly.
If the e-filer is an attorney and it is determined that the attorney is not admitted to practice in the Southern District of Indiana, including pro hac vice admission, or that the attorney misrepresented material facts about either the ability to be admitted to this District or prior training on CM/ECF, then a Judge may direct that access to electronic filing be terminated or suspended after notice has been given to the e-filer.
The Court may enter an Order to Show Cause to determine whether an e-filer has knowingly permitted use of their ECF credentials by anyone other than their authorized agent or if there has been unauthorized use of another's ECF credentials upon which a Judge may direct that access to electronic filing be terminated or suspended after notice has been given to the e-filer.
Suspension or termination of rights under this section does not affect an attorney’s admission to practice in this District and does not result in their removal from any case or proceeding in which they previously appeared. Suspension or termination does not excuse the e-filer from compliance with the requirement that all documents be filed electronically; thus, it does not give the e-filer the right to file documents non-electronically.
History of Changes
07/06/2023 - Page updated.
09/12/2011 - Added the word 'dies' to the phrase in the bullet point that states 'retires, resigns, is suspended or disbarred.'
05/30/2013 - Changed title from 'CM/ECF User Rights' to 'Electronic Filing Rights' and added language re: alternative electronic program for filing, amending, and withdrawing claims.
11/12/2013 - Third bullet point, (d) and (e) revised re: unauthorized use of ID and password and protecting ID/password. Fifth bullet point revised to include "without authorization" concerning the usage of another person's ID/password.
09/25/2017 - Added parts (b) and (c) to second bullet point; terminate atty rights if electonic delivery unsuccessful or if court obtain other evidence that atty has failed to maintain contact information.