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Electronic Filing in Criminal Cases

Criminal Cases Subject to Electronic Filing 

Pursuant to Local Rule 202.1 and unless otherwise ordered by the presiding judge, electronic filing is required for all documents filed on or after August 8, 2008 (or November 1, 2012 in CVB cases), in all covered cases.  Electronic filing is to be used in the following criminal cases:

  • all criminal cases assigned to district judges
  • all Class A misdemeanors and other cases assigned to magistrate judges that are initiated by a complaint;
  • all preliminary proceedings before a magistrate judge that occur in cases ultimately assigned to district judges. When preliminary proceedings before a magistrate judge occur in a case ultimately assigned to district judges, the magistrate judge case will be merged when the criminal case is opened; and
  • all CVB (traffic and misdemeanor) cases filed on or after November 1, 2012. 

Documents Subject to Electronic Filing

Except for "come-up memos," requests for pre-plea record checks, and documents in sealed cases, all documents filed by counsel in a criminal case subject to electronic filing (except length documents as explained here) are to be filed electronically.  Documents filed in those cases prior to August 8, 2008, need not be electronically refiled unless otherwise ordered by the presiding judge.

Requesting an Exemption from Electronic Filing

Counsel in a case subject to electronic filing may request that the case be exempted from the electronic filing requirements and procedures by filing a motion in paper format setting forth the grounds for the request. Requests for exemptions will be granted only for good cause. The docket sheet in exempt cases will be publicly available through PACER.

When filing documents in a case exempt from electronic filing, make a parenthetical notation in the caption under the case number “Exempt from ECF.”

Sealed Cases

Attorneys may not electronically file documents in sealed cases. All filings in sealed cases should be submitted to the Clerk’s Office for electronic filing.  Submissions should be on both CD (as separate PDF documents of all items to be filed) and accompanied by the original paper copy of the same documents, which will then be submitted to the presiding judge.