electronic Filing & Service for Courts

New Jersey: Federal Court makes eFiling Mandatory

U.S. District Court, District of New Jersey

O R D E R

Effective January 31, 2005, electronic case filing will be mandatory for all civil and criminal cases other than pro se cases.

Requests by attorneys for an exemption to the mandatory policy will be considered for good cause hardship only, and will be reviewed on an individual basis by the Court. The Clerk's Office provides an electronic filing training program to assist attorneys filing electronically. Before seeking hardship exemption, attorneys are advised to participate in the training program or otherwise seek the assistance of the Clerk's Office.

For the Court

John W. Bissell

Chief Judge

Date: January 31, 2005

New Jersey: Federal Court Rule Would Limit Sealing of Filings and Proceedings

From New Jersey Law Journal, December 27, 2004

Parties would not be able to expect courts to shield material on request

New Jersey's federal district court is considering a rule that would make it easier for the public to learn when parties to a case are trying to seal documents and proceedings.

Proposed Local Civil Rule 5.3, published for comment last Monday, would also clarify procedures for seeking protective orders and would generally bar judicial approval of settlements.

The rule, titled "Protective Orders and Public Access Under CM/ECF," strikes a balance between openness and the need to shield certain information. It applies broadly to requests to seal or to restrict access to court proceedings or materials filed with the court, or used in judicial decision-making.

In deciding such motions, judges would have to find specific factors and state the findings in an order or opinion. Those factors are "the legitimate public or private interests" that warrant confidentiality, "the clearly defined and serious injury that would result should the order not be granted" and the reason a less restrictive alternative is not available.

New Jersey: Electronic Case Filing To Be Mandatory Starting January 31

U.S. District Court, District of New Jersey
Beginning January 31, 2005, for all civil and criminal cases other than pro se cases.
Requests by attorneys for an exemption to the mandatory policy will be considered for good cause hardship reasons only, and will be reviewed on an individual basis by the Court. The Clerk's Office provides an electronic filing training program to assist attorneys filing electronically. Before seeking hardship exemption, attorneys are advised to participate in the training program or otherwise seek the assistance of the Clerk's Office. Attorneys and support staff can register for training at: http:// pacer.njd.uscourts.gov/njdc/cm-ecf/traininfo.htm
William T. Walsh
Clerk