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Ex Parte Matters

Attorneys can electronically file ex parte motions, responses, and replies. Ex parte documents can be viewed by attorneys for the filing party, but cannot be viewed by:

  • attorneys for other parties (unless selected by the filer as an ex parte recipient)

  • those using public terminals

  • PACER users

An ex parte filing is not a substitute for filing a Motion to Seal.

Ex Parte Filing Options

There are two options that are available to be used in conjunction with the selected motion or response event: 1) you can file your motion or response as an ex parte docket entry and document or 2) you can file it just as an ex parte document.

  • Option 1: Using the ex parte docket entry and document event along with your motion or response allows you to select who will see the docket entry and document. Other parties not selected will not receive a Notice of Electronic Filing (NEF) and with not be able to view the docket entry or document. Neither the docket entry nor the document will be viewable to the public or through PACER.

  • Option 2: When using the ex parte document event along with your motion or response, all parties will receive an NEF. This docket entry will be on the docket and thus viewable through PACER. However, the document will only be viewable by the filer and any party the filer selects; the document will not be viewable to the public or through PACER.  

Filing Procedures

  1. From the top menu bar, select Criminal, then under Motions and Related Filings, select Motions or Responses and Replies (based on what document you are filing).
  2. Enter your case number.   Click Find this case, then select the appropriate case (if more than one case displays).  If there are multiple defendants in the case, click the box next to the main case number to file the document in the case as a whole OR click the box next to the individual defendant you represent tfile the document only as to the single defendant's case.  Click Next.
  3. The system will display a case number screen which includes the judge’s initials and short case title. If this is the correct case, click Next. If it is not the correct case, click Criminal located on the top menu bar and start over again.
  4. Select one of the following ex parte events
    1. Option 1 Event: 1 – Exparte Docket Entry AND Document – to be used ONLY in conjunction with other selection – to restrict access to both the docket entry and the document
    2. Option 2 Event: 1 – Exparte Document – to be used ONLY in conjunction with other selection – to restrict access to only the document
  5. ​After selecting the ex parte event, you must also select the appropriate motion, response, or reply.  After your selection, the ex parte event appears as the first event in the list of selected event and then the type of document you are filing (motion, response, or reply).
  6. Click Next
  7. You will be prompted to select a filer as follows:
    1. If filing on behalf of the United States, on the right side of the screen, select USA [pla].
    2. If filing on behalf of a single defendant, select that defendant’s name.
    3. If filing on behalf of multiple defendants, select the first defendant, hold down the CTRL key, and then select each additional defendant.
  8. Click Next.
  9. Select the parties to the case who should have access to this docket entry and or document. Do not forget to select yourself in addition to any other party you wish to have access
  10. Attach your document and complete the filing by following the standard filing procedure.