The Court may terminate an e-filer’s rights to continue participating in electronic filing under the following circumstances:
- If any 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 (a) direct the e-filer to obtain additional training; or (b) direct 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 user ID and password; (e) failure to protect user ID and password from unauthorized use by others; (f) repeated failure to remit fees electronically; (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.
After the Court determines that an e-filer has used another e-filer’s user ID and password without authorization, then a Judge may direct that access to electronic filing be terminated or suspended after notice has been given to the e-filer.
If the e-filer is a limited user and the Court determines that the account has been used to monitor general activity in a case in which the limited user has not filed a document, then a Judge may direct that access to electronic filing be terminated or suspended without notice to the limited user.
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
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.