The Court may terminate an e-filer’s rights to continue participating in electronic filing under the following circumstances:

• If the e-filer is an attorney who dies, retires, resigns, is suspended or disbarred from practice by the U. S. District Court for the Southern District of Indiana, then the Clerk shall terminate or restrict access to CM/ECF and any alternative electronic program made available by the Court.  (This change in access will not result in the removal of the attorney from any case or proceeding in which that attorney previously appeared.)

• 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 access to CM/ECF for the user name and ID assigned the attorney at the original firm and any alternative electronic program made available by the Court. (This change in access will not result in the removal of the attorney from any case or proceeding in which that attorney previously appeared.)

• 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.  (This change in access will not result in the removal of an attorney from any case or proceeding in which that attorney previously appeared.) 

• 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 (a) the ability to be admitted to this District; or (b) 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.  (This change in access will not result in the removal of the attorney from any case or proceeding in which that attorney previously appeared.)

• 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.  (This change in access will not result in the removal of an attorney from any case or proceeding in which that attorney previously appeared.)

Suspension or termination of rights under this section does not affect an attorney’s admission to practice in this District.  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.