Last time we discussed removal from state court to federal court. If you're in a state system that already utilizes an electronic filing system, then you have a head start on the process. If you aren't, then you're likely like the rest of us. Fumbling around at 11:55 pm trying to find the right classification of pleading to timely file.
This post probably won't be very exciting. It will be more of an instructional with screen shots. We will be viewing CM/ECF systems from the Western District of Missouri. A few weeks later, we'll be looking at the CM/ECF system of the Eighth Circuit Court of Appeals when we get into how to file an appeal and what is required for the filing.
First things first: CM/ECF actually means something -- "Case Management/Electronic Case Files." Also, this guide will barely touch on case initiation. For the nuts and bolts on how to initiate a case see WDMO Guide to Case Initiation through ECF/CM. Each district is different. In the District of Kansas, you email the complaint to the clerk. In Arkansas, you mail the complaint in to the clerk via U.S. Mail. In the Western District of Missouri, you can file online through the CM/ECF system.
These screen shots are hard to read. It may be helpful to log in and go screen by screen so you can see what I'm looking at as you move through the process.
1) When you log in you'll be taken to the CM/ECF home screen for the court. There is a header at the top takes you to the appropriate screens. Right now we'll go ahead and click "Civil." Don't worry about the drop down menu, just click the word.
2) The screen below is now seen. This is the main menu for Civil filing. The program calls each filing an "event." You'll see you can open a new case through "Online Case Opening," request a "Certificate of Good Standing," "Email the Court" proposed orders or summons, file "Initial Pleadings and Service," file "Motions and Related Filings," and file "Other Filings." The list below each heading is clickable. To file your proof of service, or notice of acknowledgement, click "Service of Process" under "Initial Pleadings and Service."
To file an an amended complaint click "Complaint and Other Initiating Documents" under "Initial Pleadings and Service."
For you attorneys that do Social Security Disability appeals to the District Court, your menu is under "Social Security Events."
3) We're going to file a motion for leave to amend a complaint. Click "Motions" under "Motions and Related Filings." The following screen pops up. Whatever "available events" you click will appear in the empty box on the top. If you don't want to scroll, type in the box. Either type "Amend" or click the second option, "Amend/Correct." You'll see it appear in the "Selected Events" box to the right of the list.
Click the "Next" box beneath the list and wait. Seriously. Just wait.
4) The next screen you'll see is asking for your case number. There are several ways you can put in the number and it not work. Just to be sure, put all numbers in except for the first several "0s" in the last part. For instance, "4:12-cv-00123" should be entered, ""4:12-cv-123."
Here's a tricky part on slower computers. Once you put in your case number and click the "Next" box DON'T DO ANYTHING UNTIL YOU SEE THE NEXT SCREEN. The case name will be seen before ANY of the page loads. It tempts you to click it. Don't. You go into a report screen for the case and can lose important minutes when you should be filing.
5) Make sure you WAIT . . . wait . . . wait . . . wait . . . until you see this:
Now that you see the correct screen . . . You'll see a button that reads, "Pick Filer." To the right you'll see "Select the filer." Under "Pick Filer," you can see parent corporations of a company (it there are any) and who represents what party by clicking the "+" sign next to the party. To actually file, click your party's name or names. To select multiple names hold "ctrl" on your keyboard while clicking. Or select the radial dial "All Defendants." Once your party is blue (and I hope that doesn't indicate how they feel about your representation), click "Next."
6) Now you've got a screen that looks like this:
The main difference is that there isn't a huge black box over your parties' names. (After all, I did click that I would redact when I logged in . . .) There are two areas you can load documents. "Main Document" and "Attachments." For our motion for leave to amend, we'll click "Browse" next to "Main Document." Go find the right file and click it once to highlight it. Then click "Open" in the window. By the way the documents must be PDF files.
SIDEBAR: If you have an MS Word doc and you need to it be in PDF, Microsoft Word 2010 allows you to save Doc and Docx files as PDFs. Open the document. Press "File" in the top left corner, select "save as" and find the correct drop down "PDF." You're all set!
If you don't have MS Word 2010, download the free version of Primo PDF. When you get that downloaded, instead of saving from Word, "print" the document to the Primo PDF "printer."
Back to Filing: After you've found your motion to amend, and pressed "open," you'll see the document path in the box to the left of "Browse."
Go to the "attachment" browse and upload a copy of the amended complaint you are seeking leave to file. Click the arrow under category and a list of options will appear. Click "Exhibit." Type whatever you want in the description. I would type "A - Amended Complaint," or something like that. Press "Next" and wait for the next screen.
7) This screen is asking you to relate it to a document.
If it is not a motion in response, click "Next." The motion we're doing is not related to anything. If it is, check mark that box next to "Should this . . . " When you have that clicked and press "Next," a list of all relatable documents is seen. Click the box to the left of the document you're relating to and press "Next."
8) This screen is basically for your information. This is when your opposing counsel must reply to the motion unless otherwise specified by the court. Click "Next."
10) This screen is your last chance to determine that you want to file and that the filing is correct. Look this over carefully and determine that everything looks good. The fakepath at the bottom is for you to make sure you have the correct file. That document path will not be seen by anyone. When you're ready to pull the trigger and continue the adverserial process. Click "Next." TWICE! I don't know why this happens to me, but I have to press "next" two times to submit the filing.
CONGRATULATIONS! You have filed your motion for leave to file an amended complaint! And now another 14 days of wainting begins . . .