Notice of Electronic Filing (NEF)
At the conclusion of a transaction, the system will generate a Notice of Electronic Filing (NEF) to confirm that the document has been electronically filed and served on the parties who are registered users of CM/ECF. You should immediately print the NEF. The system will send all Registered Users associated with that case (and any secondary addressees that may be added to those Registered Users' CM/ECF User Accounts) an e-mail notification message confirming that a docket entry was created. The notice will display the names of the attorneys and, next to their name, list their primary e-mail address and any secondary e-mail addressees added in their User Account. The notice will also display the names and street addresses of those case participants who were not served electronically. The filing party is responsible for effecting service in hard copy on parties who were not served electronically.
Receiving Notices of Electronic Filing
Currently, registered users have two options to receive notification: instantaneously or in summary report form on the next day.
Instantaneous, Individual E-mail Notification Messages
These messages will show a "From" address of <info[at]ord.uscourts.gov> and will be generated upon completion of a transaction.
Summary E-mail Notices
These messages will show a "From" address of <nobody[at]uscourts.gov>and will be sent the next morning. A summary e-mail notice will only be generated if there is case activity to report. Each e-mail notification message will contain a hyperlink to the docket sheet for that case and a hyperlink to the PDF file uploaded during the transaction. E-mail notifications of paperless Court entries will only contain a hyperlink to the docket sheet for the case. A PDF file is not uploaded during the posting of a paperless Court event. If the docket entry is a "paperless" order, the entire order is the docket text which was created during the entry of the event. This text is viewable on the Notice of Electronic Filing.
Free Look at the Electronically Filed Document
Each e-mail recipient (the primary e-mail recipient as well as any secondary e-mail recipients added to the User Account) receives a "free look" at the electronically filed document. (Note: transcripts of proceedings are exempt from the free look provision.) The system virtually marks or records the viewing of the document when the user inserts a PACER login and password following the click on the hyperlinks.
NOTE: You should print or save the document at the time of your “free look” if you will need to review the document at a later time. Subsequently reviewing the document will result in assessment of applicable PACER fees.
E-mail Notification Message Failures
Pursuant to LR 5-4(a), service of a document is deemed complete upon transmission of the NEF. Although Court staff monitor the return email address for notifications of delayed or undelivered messages, it is a courtesy service that is subject to the availability of time and resources. To reiterate, if the NEF leaves our mail server, service is complete. It is therefore essential that you maintain current contact information with the Court and within your CM/ECF account. In addition, you must verify that the e-mail notification messages from the CM/ECF system are not considered "spam" and consequently blocked or quarantined by your e-mail service provider. You must also verify that your e-mail service provider has a strict policy of transmitting a failure or error message back to the sender if there is a delay or problem in transmittal of an e-mail message. This allows the court to know when a message has not been received by a registered user. We cannot stress enough that NEF delivery failures are not an excuse for missed deadlines.
Transient (Temporary / Non-Permanent) Failure Messages
Transient failure messages often occur if a mailbox is too full or if the receiver's e-mail is temporarily down. These messages may be stored by the receiver's e-mail provider to be delivered at a later time when the problem is fixed. Some providers may continue to attempt to send the e-mail notification message to the receiver every 20-60 minutes for several days. These efforts depend upon the provider’s policies and procedures. Attempts may continue until either the message is received (meaning deposited with the receiver - not necessarily meaning that the receiver has actually opened or read the message) or until the period of time for attempts (possibly 4-5 days) expires. Each failed attempt may generate a transient failure message back to the court.
Non-Transient (Permanent) Failure Messages
Non-transient failure messages may occur if the recipient's e-mail address has a typo, or if that address is no longer active. Often these are due to a change of representative counsel in a case, a change of office staff (for secondary e-mail recipients), or following the move by an attorney to a new firm, office, and/or e-mail address change for any registered user without proper notification to the court. Failure messages are monitored by court staff. Recipients will be contacted if the court receives a delivery failure message to complete notification and correct case records so future messages may be successfully transmitted.
Other Messages Received by the Court
Other messages may be received in the mailbox. These include:
The e-mail notification message is actually delivered, but the receiver has set up an automatic reply which warns that they are unavailable. These messages include out of office messages, vacation messages, etc. No action is taken by Court staff.
Notice of Change of Address or Representation by an Attorney (See LR 83-10)
Some parties may seek to inform the court of a change of e-mail address or a change in party representation by sending a message to the court via the Internet website mailbox or by sending a reply to an e-mail notification message. Pursuant to LR 83-10, any notices of change of business address and/or e-mail address must be made in pleading form and filed in the pending cases and in cases on appeal. A letter to the Court is NOT sufficient. You are required to maintain your own e-mail notification information. The on-line tutorial shows you how to maintain your account for this purpose.
Resending E-mail Notification Messages and Docket Entry Notations
When delivery of an e-mail notification fails, the Clerk's Office will contact the parties involved to determine the cause of the failure, take steps to correct the failure, complete service, and, if necessary, make appropriate corrections to the Court's case and counsel of record information.
Locating the Parties Involved
The Clerk's Office will use current case information as well as the Oregon State Bar on-line directory (or other state bar directory resources) to locate an attorney. The attorney will be orally notified of the failure message and instructed to view the case docket and docket entry on-line via PACER.
Requesting Correction of Record Information
Attorneys will be asked to comply with LR 83 by submitting a notice of change of address in their pending cases and/or cases on appeal. A motion for substitution of counsel or notice of withdrawal or substitution of counsel may be requested. Registered Users will be reminded to maintain their own User Account with regard to secondary e-mail address information.
New E-mail Address Information
Court staff may resend or forward a failure message to an attorney's new e-mail address along with an informational message referencing LR 83 (change of address or change in counsel of record) and instructions on how to maintain their User Account (for corrections to secondary e-mail recipients). Requests for change of counsel or change of address information by an attorney should be filed pursuant to LR 83.
Notices to Co-Counsel of Record
Court staff may forward failure messages of associate counsel to local counsel or other co-counsel of record and request that they assist the Court by clarifying or correcting the counsel of record information.
Completion of Service Following Failure of Electronic Notification
Court staff will notify opposing counsel to complete service in hard copy of an undeliverable electronically filed document if the other attempts to complete notification fail. Court staff will complete service in hard copy (via facsimile or regular mail) of an undeliverable electronically filed court-generated document if the other attempts to complete notification fail.
Documentation of Failure on Case Docket
If the Clerk's Office is unable to reach the party(ies) involved, the transaction failure will be documented on the case docket. The event used to record the transaction failure prompts for the e-mail address of the intended recipient and the date the court received notice of the transaction failure, and it requires the Court user to insert an explanation of what steps were taken by Court staff to either complete or perfect service of the document(s). If the undeliverable message relates to a document electronically filed by an attorney, Court staff will notify that attorney of the failure and ask that a revised certificate of service be filed.
Stopping Notices of Electronic Filing
The court is required under Fed. R. Civ. P 77(d) to notify counsel of record of the entry of all orders, judgments, including post-judgment orders and appeal activity, even if the litigant represented has been terminated from the case. Counsel desiring to terminate electronic notices in a case must do so affirmatively by either:
- Withdrawing from the case as counsel of record (See LR 83);
- Filing a formal notice in pleading form requesting that the e-mail notification in the case to their e-mail address be turned off; or
- Alternatively, and perhaps preferably, deleting the e-mail notification messages as it is received.