Section 1 - Introduction

Overview

This manual provides basic instruction for using Case Management/Electronic Case Files (CM/ECF) in the District of Oregon. CM/ECF, in conjunction with Public Access to Court Electronic Records (PACER), allows Registered Users to file, retrieve, and view civil and criminal public documents.

The United States District Courts initiated electronic filing in 1990. Information about how to locate civil and criminal case information pre-dating 1990 may be found in Section 13 of this manual.

Glossary of Terms

System Capabilities

A Registered User with a web browser, word processing software, PDF creation software, and access to the Internet will be able to use CM/ECF to perform the following functions:

• Electronically file documents;
• Receive notification of filings and orders made in cases in which the Registered User is a participant;
• View official docket sheets and documents associated with any public case; and
• View various case-related reports.

User Experience

Basic computer knowledge and skills are necessary in order to use CM/ECF.

Registered Users should have a working knowledge of the operating systems on their computers, including web browsing, opening and closing programs, word processing, PDF creation, and printing.

Hardware and Software Requirements

The following are the minimum requirements for using CM/ECF:

• A personal computer;
• A high-speed Internet connection;
• A compatible browser that supports 128-bit encryption and has javascript and cookies enabled;
• A word processor that is able to create PDF files, such as Microsoft Word;
• Software and/or flatbed scanner to convert documents to PDF format;
• Software to read PDF documents;
• A valid, active e-mail account.

Section 2 - Resources

The Court Website

The Court website (ord.uscourts.gov) contains information relating to the work of the Court, including this manual, the Local Rules, Standing Orders, Court Policies, and Court contact information.

CM/ECF and PACER Assistance

For assistance regarding electronic filing, contact the Clerk's Office at 503-326-8000.

For assistance regarding the viewing of federal court case information or the recovery of login credentials, visit the PACER Service Center website at pacer.uscourts.gov.

Section 3 - Obtaining Filing Access in CM/ECF

Introduction

Only registered CM/ECF users are granted access to file in CM/ECF. As of January 21, 2020, all public users of CM/ECF—including attorneys and self-represented parties who have been granted filing privileges—must access CM/ECF using credentials for an upgraded individual PACER account.

Individuals seeking to become registered users must request CM/ECF filing privileges via PACER by applying for admission or, for those already admitted or for self-represented parties that are allowed to e-file, submitting a registration request. Attorneys admitted to the bar prior to January 21, 2020, but who have never registered for a CM/ECF account should contact the Court for assistance.

New District of Oregon CM/ECF Users

Attorneys that have not been admitted and self-represented parties that have not previously been allowed to e-file are required to apply for admission or request registration using an upgraded individual PACER account.

Attorneys Seeking General Admission to Practice in the District of Oregon

Attorneys seeking admission to practice in the District should follow the instructions on the Court's website under Admissions to request admission through PACER.

Pro Hac Vice Admission

Attorneys from other districts seeking to appear pro hac vice in this District should follow the instructions on the Court's website regarding admission pro hac vice. Attorneys seeking pro hac vice admission to the District of Oregon must file a Motion to Appear Pro Hac Vice in the case in which they wish to appear and may need to also request CM/ECF registration via PACER.

Self-Represented Parties

Self-represented parties wishing to e-file should follow the instructions on the Court's website regarding registering for CM/ECF access as a self-represented party.

Previous CM/ECF Users

Individuals who had filing access to CM/ECF before January 21, 2020, including admitted attorneys and self-represented parties who were granted access to e-file in a case must submit a registration request using an upgraded individual PACER account to link that PACER account to an existing CM/ECF filing account. See Submitting a Registration Request in PACER, below.

Submitting a Registration Request in PACER

Use these instructions if:

• You are an attorney who has been admitted to the bar of the U.S. District Court of the District of Oregon, but you have not filed electronically since before January 21, 2020. 
• You are a self-represented party who has been granted access to e-file in one or more of your cases. 
• You are a member of the media and would like to register for a media noticing account.

Accessing CM/ECF

Navigate to ecf.ord.uscourts.gov. The browser will be redirected to PACER. Enter valid PACER credentials and a client code, if necessary. Successful logins will be redirected back to CM/ECF.

The client code field is an optional field available on the login screen for PACER tracking purposes. Any client code is entered for a transaction will be reflected on the billing statement generated by the PACER Service Center.

Because CM/ECF is accessed with PACER credentials, user name and password maintenance must be done through PACER's lost username or lost password utilities or by contacting PACER directly. The user's e-mail address, in addition to either the account number or date of birth and first and last names, are required to reset a username or password in PACER. The Court is unable to reset a user's PACER username and password.

Section 4 - Event Selection and Transactions

Events

After logging into CM/ECF, registered users will be able to use the main menu to file documents or perform other tasks.

The filing events are organized by category:

Civil Events

The menus of events under the Civil selection include: Open a Civil Case, Initial Pleadings and Service, Motions and Related Filings, Other Filings, and Attorney Admissions.

Criminal Events

The menus of events under the Criminal selection include: Charging Instruments and Pleas, Motions and Related Filings, and Other Filings. Selection of the links under those headings reveals the individual docket events.

To electronically file a Trial Memorandum in a civil case, for example, you would first select Civil from the main menu and click on the Trial Documents menu under Other Filings. The event Trial Memorandum appears under the Trial Documents menu.

Search Function

If you are having trouble finding a specific event, click the Search function and start typing the name of the event you wish to file. A list of all events that include the word entered in the search field will be displayed.

Find the correct event and click on the event name to begin the filing process.

Browser "Back" and "Forward" Buttons

DO NOT USE the browser BACK and FORWARD buttons to navigate through CM/ECF. If an event was selected in error or incorrect information was entered on a prior screen, navigate back to the Civil or Criminal menu and begin again.

Section 5 - Electronic Filing Protocols

Creating and Filing Documents

The standard format for electronically filed documents is Portable Document Format or PDF. At the time of filing, CM/ECF evaluates the document for compliance with PDF standards and will reject PDFs with the following content:

• JavaScript
• encryption
• password protection
• scripts that can launch an external application
• internal attachments
• embedded audio or video

CM/ECF will also reject

• PDF files that are not compliant with PDF standards,
• that were created with Mac OS X using a fillable form in a Safari browser, or
• that were created with Mac OS X and MS Word with the option "best for printing" selected.

In addition to the above requirements, the District of Oregon prohibits unflattened fillable forms and requires that all PDF documents be text-searchable.

More information about creating, uploading, and viewing PDFs is available on the PACER website.

Checking PDF Documents for Compliance

CM/ECF provides a utility that will scan a PDF to check for potential problems. It is located at Utilities/Check PDF Document.

Creating Compliant PDF Documents

There are three primary methods for creating PDF documents: (1) saving a document as a PDF directly from the word processing program, (2) printing a document to PDF, or (3) scanning documents from paper into PDF. All PDF documents filed in CM/ECF are required to be text-searchable. LR 5-2(b).

Saving as PDF

Saving a document to PDF directly from your word-processing program is the preferred method of creating PDFs. Most PDFs created this way are optimized and meet text-searchable requirements.

Printing to PDF

In some instances, printing to PDF is preferable. This is the case for any PDF-fillable form or for any PDF or document that contains scripts or code. NOTE: If CM/ECF blocks a PDF from being uploaded, printing the file to PDF frequently solves the problem.

Scanning to PDF

Scanning a document creates an image, and, therefore, scanned documents are much larger than documents saved directly to PDF. In addition, an optical character recognition (OCR) program requirements.

PDF Fillable Forms

DO NOT upload a PDF fillable form to CM/ECF. Instead, print or flatten the fillable PDF before uploading it to CM/ECF so that the fields are removed.

PDF/A

PDF/A is an International Standards Organization (ISO) standard document format. PDF/A documents are self-contained and do not rely on or access information outside of the document itself to display the information contained within the document. Accordingly, the PDF document appears, and will continue to appear, identical to the document from which it was created, no matter where or when it is accessed. As a result, most PDF/A documents will have a slightly larger file size.

The District of Oregon does not require filings to be in PDF/A format at this time.

File Size Limits

PDF files that exceed 75 MB will not be accepted by CM/ECF. Files that exceed this limit must be broken down into smaller, separate files and uploaded as attachments to the main document.

Uploading Documents:

Step	Screen
This is the document attachment screen, which is presented in all public-user events.
REMINDER: PDF Fillable Forms should be flattened prior to attachment, and pursuant to LR 5-2(b), all pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files unless otherwise directed by the Court.
The main document should be the pleading. Click Choose File to locate the document for attachment.
A new window will open. Locate your pleading in the location where it has been saved.
Prior to attachment, it is recommended that the PDF be reviewed to ensure it is accurate and is the correct attachment. This can be done by right clicking on the PDF and selecting the Open option. The PDF will open on your screen for review. After confirming the PDF is correct, click the X in the upper right corner of the PDF to close it.
Make sure the correct document is highlighted, and then click Open in CM/ECF to continue with document attachment.
Attachments should also be uploaded at this time. Click Choose File to locate and confirm your attachment as indicated above.
Each attachment must be labeled with a Category from the drop-down menu or a Description in the free text field. It is not necessary to enter both a Category and Description.
The first attachment(s) should be any exhibit(s) to the pleading, such as the required state court pleadings for a Notice of Removal. The next attachment should be the Civil Cover Sheet (JS44) followed by individual summons(es) for issuance. Multiple summons(es) may be attached as a single PDF document. Civil Cover Sheet and Summons are selections available in the Category drop-down menu.
NOTE: Attaching a PDF to the Attachment 1 option causes the Attachment 2 option to appear. Repeat the attachment process as needed to attach all necessary documents.
When all documents have been added, click Next to continue.

Paying Filing Fees

Step	Screen
The next screen presents five questions to determine the status of any filing fees for a complaint or notice of removal.
These selections indicate exemption or waiver of the filing fee and will allow you to proceed without payment of fees through Pay.gov. If you select either of these options, please proceed to the Party this Filing is Against section below.
This selection initiates the online payment process through PACER and Pay.gov.
The next screen verifies the filing fee. Click Next to be redirect to PACER for payment. If prompted, log in with valid PACER credentials.
If you have a saved a default filing fees payment method in PACER, that payment method will be selected by default. To use a different payment method, click Enter a Credit Card and complete the required fields.
If you do not have a default filing fees payment method specified in PACER, enter the payment information and click Next.
The next screen is the payment confirmation screen. If you need to modify any  information, click Back. Otherwise, enter any additional e-mail addresses that should receive a copy of the receipt, check the box to authorize payment, and click Submit. IMPORTANT! Although the fee has now been paid, the filing has not been perfected in CM/ECF, so do not close the tab or window. You will immediately be redirected back to CM/ECF to complete the transaction.

Requesting a Refund for a Duplicate Payment on Pay.gov

Standing Order 2011-9 (see 2011-9 In Re Policy to Refund Electronic Filing Fees.pdf ) grants the Clerk's Office authority to issue a refund for duplicate or erroneous fee payments made via Pay.gov. A CM/ECF Registered User who makes a duplicate or erroneous fee payment through Pay.gov will receive a Notice of Electronic Filing (NEF) alerting the user to the duplicate payment and a deadline by which a request for refund is due. Refund requests may be filed only for duplicate or erroneous fee payments and only after a Registered User receives a notice of duplicate payment. Below are instructions for filing a refund request and tips on how to avoid making duplicate payments in the future.

Requesting a Refund

Requests for a refund of duplicate or erroneous payments must be made in writing in pleading form and filed in CM/ECF using the "Request for Refund of Fees Paid Electronically" event, which may be found using the search feature. The pleading must contain the name, address, and telephone number of the party requesting the refund. See Sample Request for Refund of Pay.gov Payment.pdf . During filing, the user will be prompted to link to the filing for which the duplicate payment was made.

The written request for a refund must be accompanied by supporting documentation, including a copy of the electronic payment receipt and a copy of the NEF from the system transaction in CM/ECF during which the erroneous payment was made. This documentation is to be added as attachments to the main document during the filing process.

Upon receipt of the refund request and verification of the error, the Clerk's Office will process the refund to the same credit card used to make the erroneous payment. A notice of the refund will be recorded in the associated case docket in CM/ECF. Refunds will not be issued by check.

Avoiding Erroneous Payments

To avoid making duplicate payments:

• Never use the browser back and forward buttons to navigate within CM/ECF.
• Do not complete the payment screens and then close the browser window or navigate away from the application. Always wait until Pay.gov redirects you back to CM/ECF to complete the transaction. Like other CM/ECF transactions, there will be a final warning screen where you can review the docket text and submit the transaction.
• If, either due to a system or user error, the transaction is not completed but you have completed the payment screens, do not refile your pleading. If you attempt to refile, you will be prompted to make the payment again.
• Do not click the "Submit Payment" button more than once from the Online Payment, Step 2 screen. Be patient while the payment processes. A successful payment will generate an NEF that includes the Agency Tracking ID number from Pay.gov.
• To cancel a transaction from within Pay.gov, click either the "Cancel" button or the "Return to your originating application" link that appear on both the Online Payment, Step 1, and Online Payment, Step 2, pages. This will end the payment process, and the event will not be docketed. A display message will confirm that that the payment process has been canceled, and the event will not be completed.
• Sanctions for Repeat Offenders

In the event an attorney or law firm repeatedly makes erroneous payments and corresponding refund requests, the Court may consider remedial action, including an order to show cause as to why that attorney or law firm should not be barred from making future payments electronically.

Procedure in the Event of a CM/ECF Outage

In the event that the Court declares the CM/ECF filing system to be unavailable for filing, the Clerk’s Office will post a Notice of CM/ECF System Outage on this website’s homepage to alert users to the outage. The Clerk's Office will also post a notice when CM/ECF returns to normal operation. Notices of scheduled outages for maintenance tasks will be posted in advance of the outage, and users should monitor this website for notices of scheduled outages. CM/ECF undergoes scheduled maintenance at 4 a.m. daily for approximately one hour.

Definitions

• System Outage: Any period lasting more than two hours during which CM/ECF is not operational due to scheduled or unscheduled maintenance.
• Emergency Filings: Time-sensitive filings, such as filings due during the outage, filings nearing statute of limitations deadlines, requests for emergency injunctive relief, and notices of appeal.

E-Filing During an Outage

During a system outage, as defined above, registered users may submit emergency filings as defined above via e-mail to the following address: . Counsel or self-represented parties who are concerned about whether a filing must be submitted to the Clerk to ensure its timeliness should also submit the filing by e-mail during the outage.

Filing via e-mail will commence on the date and time stated in the Court’s Notice of CM/ECF System Outage and will end at the time the Court posts a notice that the system is operational, or, in the event of a scheduled outage, the stated end of the maintenance window. Any documents sent to this e-mail address outside of the time period identified in the Court's official notices will not be docketed by the Court.

PDF documents submitted via e-mail must conform to all current requirements as outlined in the Local Rules and the CM/ECF User Manual. Documents submitted via e-mail during the outage will be deemed filed upon the date received. They will be docketed by court staff as soon as practical after CM/ECF returns to normal operation.

Inserting Hyperlinks in Filings

CM/ECF will accept documents with hyperlinks, and they may be included in filings. LR 5-2(c). Some judges prefer that sources be hyperlinked in pleadings. For information on how to create hyperlinks, refer to the documentation for your application, i.e., Microsoft Word or Adobe Acrobat.

The Court's Case Numbering System

Thousands of cases are filed each year in the District of Oregon, and CM/ECF assigns a unique case number to each case when it is opened. The full case number (seen on the case assignment form you receive from the Court) will be formatted as follows:

• Division Code: For statistics tracking and case management purposes, each case number includes a division code, which is the number before the colon. See LR 3-2 for a list of the division codes and their corresponding counties.
• Year Initiated: The number after the division code represents the year in which the case was initiated.
• Case Type: The two-letter code after the hyphen refers to case type. There are several case types, but most filers will see CV for a civil action or CR for a criminal case.
• Case Number: The next number is simply the next available number, starting at 1 and counting up as far as required in a given year.
• Assigned Judge Initials: In cases where a judge has been assigned, a two-letter code representing the assigned judge is appended to the end of the case number. See Appendix J. The assigned judge code should be included in the caption of any pleading filed in the case. When calling the Clerk's Office about an active case, it is essential to give the complete case number, including the judge initials. 

Section 6 - E-Mail Notification

Notice of Electronic Filing (NEF)

At the conclusion of a filing transaction, the system will generate a Notice of Electronic Filing (NEF) to confirm that the document has been filed and served on the parties who are Registered Users. The NEF displays the recipient's names, primary e-mail addresses, and secondary e-mail addresses (if any). The NEF will also indicate which case participants (if any) who were not served electronically. The filing party is responsible for effecting service in hard copy on parties who were not served electronically.

NEFs each contain a hyperlink to the main document attached to the docket entry. "Paperless" orders do not include a link because the entire order is visible as the docket text and included as part of the NEF.

Registered Users have two options to receive NEFs: either per filing or as a daily summary report that is generated only if case activity has occurred. These preferences may be changed in your PACER account.

NEF Details:

Step	Screen
The date and time of the filing are documented in the NEF. The time is recorded as Pacific time (PDT) based on the location of CM/ECF.
The case name and number, the filing party, the document number assigned to the entry, and the judge assigned to the case are listed in the NEF.
The docket text of the entry is also displayed.
NEF recipients are listed below this line.
Parties who are not Registered Users who require service by another means are listed below this line.
Each document attached to the entry receives an electronic document stamp verifying that it was filed in CM/ECF.

The "Free Look"

With the exception of transcripts of proceedings and documents filed under seal or otherwise restricted, each recipient of an NEF receives a "free look" at the filed document. Any subsequent access to the document will result in assessment of applicable PACER fees.

Restricted Documents

Only Registered Users associated with the case as counsel or party of record may view documents filed with restriction levels. Users attempting to access such documents will be prompted to log in before the document may be viewed. These document types include, but are not limited to, the following:

• Documents filed in Social Security cases;
• Documents filed in criminal cases PRIOR to November 1, 2004;
• Documents restricted pursuant to a protective order in a civil case;
• Documents filed ex parte; and
• Party consents to jurisdiction by a U.S. magistrate judge.

Applying for a Media Noticing Account

The District of Oregon uses media noticing accounts to allow media professionals to receive Notices of Electronic Filing (NEFs) in selected cases. Note: clicking on a link included in an NEF will result in PACER fees.

Prerequisites

An upgraded PACER account is required to apply for a Media Noticing Account. For instructions on registering or upgrading a PACER account, visit pacer.uscourts.gov.

Instructions

For instructions on registering for a District of Oregon CM/ECF media noticing account, see Submitting a Registration Request in PACER and follow the instructions for a media noticing account in Step 3. When entering/reviewing your address, type MEDIA OR MEDIA ACCOUNT in the Firm/Office field. Requests for Media Noticing Accounts that do not include this will be rejected.

To add cases for noticing to your account, see 'How to Configure Noticing'.

E-mail Notification Message Failures

Service of a document to a Registered User is deemed complete upon filing the document in CM/ECF, at which point the system transmits the NEF. Fed. R. Civ. P. 5(b). To ensure proper service, it is essential that Registered Users maintain current, working e-mail addresses in CM/ECF and PACER. Furthermore, it is important that interference with the NEF not occur after it leaves the Court's mail server, such as being deemed junk mail by a spam filter. The Court cannot stress enough that NEF delivery failures will not excuse missed deadlines.

Temporary or Non-Permanent Failure Bouncebacks

An NEF transmission may fail if the recipient's mailbox is too full or if the recipient's e-mail is otherwise unavailable. Usually the recipient's e-mail provider will deliver such messages at a later time, resulting in a delay. Though a bounceback message will be delivered, the Court will not retransmit the NEF unless the message fails permanently.

Permanent Failure Bouncebacks

When an NEF message permanently fails for an e-mail address, the Court receives a bounceback. The Court will use current case information as well as the Oregon State Bar directory (or other state bar directory resources) to attempt to locate the attorney and will attempt to resend such messages to the correct primary e-mail address for Registered Users, however, incorrect secondary e-mail addresses associated with CM/ECF accounts that generate permanent delivery failures will be removed from the account without any further notice.

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.

If the Clerk's Office is unable to reach the party or parties involved, the transaction failure will be documented on the case docket. Court staff will instruct opposing counsel to complete service in hard copy of an undeliverable filed document if the other attempts to complete notification fail. Court staff will complete service in hard copy of an undeliverable court-generated document if the other attempts to complete notification fail.

Notice of Change of Address or Representation by an Attorney

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. An e-mail or letter to the Court is NOT sufficient. Registered Users are responsible for updating their own user account information in PACER.

Discontinuing NEFs for a Case

The Court is required under Fed. R. Civ. P 77(d) to notify counsel of record of the entry of all orders and 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 (LR 83); or
• Filing a formal notice in pleading form requesting that the e-mail notification in the case be turned off.

Section 7 - Opening a Civil Case

Section 8 - Service of Process

Introduction

To file service events, select Service and Process Documents from the Initial Pleadings and Service menu. This menu list contains both Fed. R. Civ. P. 4 and 5 events. Select the appropriate event shown in the drop-down menu.

Regular Civil Cases

(a) Issuing Process

1. Waiver of Service: Attorneys wishing to pursue waiver of service pursuant to Fed. R. Civ. P. 4(d) should use the Notice of Lawsuit and Request for Waiver event.
2. Summons Issued: The clerk will issue process following the filing of the initial pleading and will make an appropriate entry on the docket.

(b) Returns of Service of Process

The Summons/Service Return (All Types) event is to be used when the U.S. Marshal has effected service. The Summons/Service Return(All Types) event should be selected when the return has been made on the reverse of the summons or some other form of return. These events are to be used in connection with Fed. R. Civ. P. 4 service of process.

(c) Service under Fed. R. Civ. P. 5

The events for Affidavit of Service and Certificate of Service are used to record service under Fed. R. Civ. P. 5.

Habeas Cases

The following events are used specifically for entering the return of service of habeas petitions and should not be used for return of service under Fed. R. Civ. P. 4.

• Acceptance/Acknowledgment of Service - 2241 Federal Habeas
• Acceptance/Acknowledgment of Service - 2254 State Habeas
• Acceptance/Acknowledgment of Service - Immigration

Section 9 - Answers to Complaints

Answers to Complaints

This event will allow the user to add attorneys and may only be used to file the first answer by a defendant to the complaint. Subsequent answers must be filed using the Other Answers menu.

(a) Case, Party Filer, and Link Party Filer Screens 

The ordering of the screens under Answers to Complaints is unique in that the user will not see a drop-down list for types of answers to complaints, but will instead be immediately prompted to enter the case number. The system will then return a list of unanswered complaints based upon the type of complaint filed.

(b) Unanswered Complaint Screen

Check the box next to each unanswered complaint being answered by this filing.

(c) Additional Effects Screen

This screen will collect information about any third-party complaints. Checking this box will invoke additional screens to add the third-party defendant(s). The user must select the party against whom the complaint is being filed.

(d) Jury Demand

Users will be reminded to update jury demand information.

Other Answers

This menu contains the events for Answers and Responses to non-motion events. Events to file subsequent answers by the same defendant are available in this menu.

Section 10 - Motions

Overview

As with other filings, the user must choose the event, enter the case number, pick the party filer, and complete the Link Party Attorney screen as appropriate. During the transaction, the user will be prompted to upload the corresponding PDF file. To access the available motion types, the user should click on Motions under Motions and Related Filings menu. Multiple motion types may be selected simultaneously. 

(a) Motion to Vacate and/or Correct Sentence §2255

A Motion to Vacate and/or Correct Sentence pursuant to 28 U.S.C. §2255 is to be filed in the criminal case and will automatically open a corresponding civil case for statistical purposes only. The related pleadings are to be filed in the criminal case.

(b) Motions for Extension of Time

Several separate events address variations of motions for extension of time. Because each motion type creates and satisfies different deadlines when ruled on by the Court, it is important to select the motion type that most closely corresponds to the extension request. The generic Extension of Time event should be used only if the extension request does not match one of the other extension events.

(c) Bill of Costs (See LR 54)

Cost Bills behave like motions; accordingly, the Bill of Costs event is under the Motions menu. A cost bill may be submitted either on the standard form supplied by the Administrative Office or in pleading form.

(d) Objections to U.S. Magistrate Judges' Orders

Although objections behave like motions, the Objection to Magistrate Judge's Order event is located on the Responses and Replies menu.

(e) Scheduling

1. Response and Reply Deadlines: The response due date (see LR 7-1(f)(1)) and reply due date (see LR 7-1(f)(2)) for civil motions are automatically calculated by the system and will be set in the background. Although the due date for the response or reply will appear during the docket transaction, it is not editable by a non-court user and it will not display in the docket text. Subsequent or extended response and reply dates set by the Court will display in the docket text.
2. Dispositive Motion Response and Reply Deadlines: Casewide dispositive motion response or reply due dates may be different from the actual response or reply dates generated when the dispositive motion is actually filed. Parties are cautioned to check the docket for overriding case deadlines for submissions that supersede the system-generated deadlines.

(f) File Document Under Seal

LR 5-2 authorizes attorneys who are Registered Users to file a sealed Motion to File Document Under Seal without prior authorization. The proposed sealed document is to be attached to the motion.

Filers will be prompted as follows during the filing:

Access levels will be set according to the selected option. If the "Seal Entry" option is selected, the filer is encouraged to print the final screen at the end of the filing process because no NEF will issue.

Responses and Replies

Events in this category are to be used in connection with all motion category events. The user should select the most appropriate event and then further describe the pleading in the docket text box. Following are some Response and Reply events of special note:

(a) Objections and Responses to Bill of Costs, and Findings and Recommendations

Cost bills and Findings and Recommendations are treated as motions; consequently, the objection and response events to these documents are located on the Responses and Replies menu.

(b) Responses to Discovery Motions (See LR 26-3(c))

These events do not set a reply date.

(c) Linking

When filing a response or reply to a motion, the user is prompted to select the subject motion to create the link automatically. The response and reply are to be linked to the subject motion. Where appropriate, the system will also schedule the reply due date upon the filing of the response.

Other Supporting Documents

Other supporting documents include documents signed by a third party. This menu contains events that may be linked to previously filed documents. The Related Documents screen is used to establish a hypertext link in the current event to previously filed documents. After selection of the Related Documents box, users will be prompted to select a category or date range for the previously filed document. For example, the category 'cmp' would be selected to link the current document to the complaint event. As with other menus, the user is prompted to select the event, case number, attorney, and filer.

Section 11 - Restricted Documents

Documents to be Filed Under Seal Pursuant to an Existing Protective Order

Pursuant to LR 26-4(c), in civil matters, Registered Users are required to file documents authorized for filing under seal pursuant to an existing protective order via CM/ECF.

If a protective order is on the docket in a civil case, during the filing of certain events the user will be asked during if the document should be filed under seal pursuant to the protective order.

Selecting "Yes" will seal the document (not the docket entry). Selecting "No" will not seal the document.

At the final warning screen, the user will be able to see the Document Restricted According to Protective Order text indicating the PDF attached to the docket entry is sealed. Notice will issue, but the document will not be accessible via remote electronic access. 

Service of documents filed pursuant to a protective order must be completed outside of CM/ECF.

Ex Parte Submissions

Ex parte submissions to the Court may be made electronically by selection of the ex parte function (0ex1 or 0ex2, see bullet points below) in addition to the event to be filed. For information about submitting documents in camera or under seal, see LR 5-2, LR 5-5, and LR 26-4.

• Select 0ex1 - Ex Parte Docket Entry and Document when the existence of the entry and the contents of the document are to be restricted to only the filer and the Court.
• Select 0ex2 - Ex Parte Document when the existence of the entry may be known to the opposing party but the document is to be restricted to only the filer and the Court.

Sealed Submissions

Effective December 1, 2020, LR 5-2 permits attorneys who are Registered Users  in the District of Oregon to file documents under seal with prior authorization by a judge. Authorized sealed submissions may be made by selection of the sealed function (0seal – Seal Entry and Document) in addition to the event to be filed.

Filers will be prompted as follows:

Access levels will be set according to the selected option. If the "Seal Entry" option is selected, the filer is encouraged to print the final screen at the end of the filing process because no NEF will issue.

Section 12 - Other Filings

Overview

This menu offers events for ADR Documents, Discovery Documents, Notices, Trial Documents, Appeal Documents, and Other Documents. Procedures for filing these events are straightforward and similar to filing other documents where the user selects the event, selects the party, and completes the Link Party Attorney screen. Events of note are described below.

Notices

Notice events for the appearance, withdrawal, or substitution of counsel of record will prompt the user to add or terminate an attorney.

Trial Documents

The procedure for filing trial events is similar to the procedure for filing other documents. First enter a case number, then select the filer. The next screen permits the user to choose what type of trial event to file. Select the type of trial event to be filed from the multi-select list. Proposed Jury Instructions, Voir Dire, and Verdict Form are some of events are found on this menu. Multiple trial events may be selected simultaneously by holding down the Ctrl key.

Appeal Documents

The Notice of Appeal event is used for appeals to the Ninth Circuit as well as appeals to the Federal Circuit. The filing fee is payable during the event transaction.

Other Documents

The Other Documents menu contains various events that vary in type. Select the event, select attorney, select party, and link party filer. Select the type of event to be filed from the multi-select list. Multiple events may be selected simultaneously.

(a) Proposed Documents See LR 5-9(c)

1. Proposed Forms of Orders or Judgments: Proposed forms of orders or judgments, when requested, are to be docketed and served and clearly identified as proposed documents. In addition to a generic form of proposed order or judgment event, there are also specific events for certain types of proposed orders.
2. Proposed Amended Pleadings: When leave of the Court is sought for filing an amended pleading or document, first choose the appropriate motion event. The proposed amended pleading is to be filed as an attachment to the motion event. The attachment description must be "Proposed Document."
3. Proposed Pretrial Order - Individual: Use this event to file a proposed pretrial order submitted on behalf of an individual party or fewer than all the parties represented in the case.
4. Proposed Pretrial Order - Joint: Use this event to file a proposed pretrial order submitted on behalf of all parties represented in the case.

(b) Consent to Proceed Before a U.S. Magistrate Judge

Social Security Appeals

See Section 16 – Social Security Appeals for information on consenting to proceed before a U.S. Magistrate Judge in a social security appeal.

All Other Civil Matters

Consent to jurisdiction by a U.S. Magistrate Judge is presumed at case assignment in all matters randomly assigned to a full-time Magistrate Judge. Any party wishing to decline consent to jurisdiction by a U.S. Magistrate must file  a Declination of Consent to Jurisdiction by a U.S. Magistrate Judge event by the deadline set in their case. The event may be found by clicking Civil and selecting Consent-related Events under the Other Filings heading. For more information on presumed consent, see the Magistrate Judge Consent FAQ.

Individual party Declinations of Consent to Proceed Before a U.S. Magistrate Judge and Consents to Proceed Before a U.S. Magistrate Judge are to be filed electronically. See Standing Order 2017-4 and Standing Order 2025-2.

To file a consent to jurisdiction by a U.S. Magistrate Judge, use the Consent to Jurisdiction by Magistrate Judge – by Party event, which is found by clicking Civil and selecting Consent-related Events under the Other Filings heading. Individual party consents do not include the name of the filer, and the PDF attached to the entry is restricted to protect the voluntariness of the party's consent under 28 U.S.C. § 636(c)(2).

(c) Exhibits

Exhibits in PDF format may be filed in CM/ECF. For information on filing non-PDF exhibits, see Conventionally Filed Exhibits.

Conventionally Filed Exhibits

Exhibits such as recordings or physical objects that cannot be filed electronically must be filed conventionally. See LR5-6(a). When submitting a conventionally filed exhibit, two copies of the conventional filing and caption cover page must be submitted to the Clerk's Office (one Court copy and one Judge's copy) for docketing.

Conventionally filed submissions must include:

• A case caption cover page. (Example caption: CONVENTIONALLY FILED Exhibits 1-12 to Declaration of John Smith, Docket # 34.); 
• The conventional filing (DVD, CD, external media device, etc.); and
• A judge's copy of cover page and conventional filing, stamped "Judge's Copy."

Section 13 - Queries and Reports

Case Information Sources

Case docket information sources are stored by various media depending on when the case was filed. The following date ranges are approximate. Users should contact the Clerk's Office for assistance in locating information for cases filed prior to 1990. 

Access PACER to locate civil and criminal cases filed since 1990. Microfiche is available at the Court's Portland intake counters for civil and criminal cases filed from 1979 to 1990. Microfilm is available at the Court's Portland intake counters for criminal cases filed from 1971 to approximately 1983 and for civil cases from 1967 to approximately 1988.

Search Guidelines

To search for a name or party, you must have a minimum of two characters (alphabetic or numeric). A wildcard (*) symbol may be used in place of a character before the two known or after the two known characters entered. Entry of the wildcard character before the two known characters will generate a very broad search result. The system will view the two known characters as a string and display any names that contain the string.

Alternatively, use of the wildcard symbol following the two known characters will generate a report containing only those names that begin with the two known characters. The addition of known characters will further limit the search results. If more than one case/person meet the criteria, the user must select one from the generated list and then choose what data to view.

Query

The Query main menu option allows users to search for specific case information by name or case number such as docket report, alias, attorney, party, or associated case information. Some options, like the motions report, will require additional selection criteria by the user. Users should note that name fields are not case sensitive and can be for both parties or attorneys. Users may further refine their search for case specific information on the Query sub-menu to reduce PACER charges by selecting the most appropriate item.

Reports

The Reports main menu option allows users to search for District-wide information for both civil and criminal cases. Menu selections are predicated upon the user's access level. In most report selection screens, the following rules apply:

• If a selection box displays more than one choice, multiple items may be selected.
• If a selection list includes a blank item, it can be used to select "all."
• If multiple selection criteria are specified, i.e. judge and office, only those items for which both are true will be retrieved.

(a) Docket Sheet

The Docket Sheet report displays the cover page and selected docket entries for a single case. If a document range is specified, docket entries which do not have an associated document will not be listed. This report is the same as generated via the Query menu option Docket Report. Registered Users will be able to view the Notices of Electronic Filing by selecting Docket Sheet and checking the box to include the links to the Notice of Electronic Filing. When viewing the system-generated Docket Sheet, the user may click on the icon next to the document number to display the Notice of Electronic Filing for that transaction.

(b) Civil Cases Report

This report displays a summary list of cases selected by numerous criteria, including office, nature of suit, cause of action, and jurisdiction. The report can be sorted by case number or any of the criteria selected.

(c) Criminal Cases Report

This report displays a summary list of cases selected by numerous criteria including office, case flags, or citation, and can include pending and/or terminated defendants. The report can be sorted by case number, terminal digit, or office.

(d) Civil and Criminal Selected Reports

1. Calendar – Events: This report displays schedule records, including deadlines and hearings, that match the selection criteria. The report may be sorted by time or divisional office location. See Appendix G.
2. Docket Activity: The Docket Activity Report displays a summary of docketed events selected by numerous criteria, including start date, end date, office, category of event, or case number. Each item listed includes a case number hyperlink to a docket report and a link to the related PDF document.
3. Written Opinions: This report allows the user to view those documents designated as written opinions in the system. There are no PACER charges incurred when viewing written opinions.

Pursuant to the E-Government Act of 2002, a "written opinion" is defined as "any document issued by a judge or judges of the court, sitting in that capacity, that sets forth a reasoned explanation for a court's decision." The responsibility for determining which documents meet this definition rests with the authoring judge. The decision as to whether the document is a "written opinion" is not the same as the decision about whether an opinion should be published.

The definition is expressly intended to cover reports and recommendations issued by U.S. magistrate judges at such time as any action is taken by a district judge on the basis of a report and recommendations issued by a U.S. magistrate judge, and also includes a summary order by a district judge adopting such a report and recommendations. The definition is not intended to include routine, non-substantive orders, such as scheduling orders or rulings on motions for extension of time.

(e) Internet Payments Made Report

The Internet Payment History Report in CM/ECF can be used to view the transaction history for credit card payments you have made in CM/ECF as part of the electronic filing process.

The Internet Payment History Report displays:

• The case number associated with each payment (clicking the case number directs you to PACER);
• The date each payment was made;
• A description of each item (the type of CM/ECF event used);
• The method of payment used for each transaction;
• The receipt number (also referred to as the Agency Tracking Number) for each transaction; and
• The amount of each transaction.

Section 14 - Utilities

Utilities

The Utility menu includes the following options for registered users:

General

• Court Information: View CM/ECF technical information, the link to the Court's RSS feed, the physical addresses and hours of operation for each divisional office, PACER contact information, and public case flag definitions.
• Links to Other Courts: opens a popup to the PACER court locator page.
• PACER Case Locator (National Index): opens a popup to the PACER case locator page.

Your Account

• Bar Admission: Attorneys admitted after January 21, 2020, may view their admission status for the U.S. District Court for the District of Oregon or pay their admissions application fee¹.  See 'Paying the Admissions Fee'.
• Change Client Code: Redirects to PACER for the purpose of changing the session's client code.
• Change PACER Exemption Status (CJA): Allows CJA attorneys to toggle their fee exempt status.
• Change Your Login or Password: Redirects to PACER account maintenance.
• Change Your Role: Allows attorneys that have one PACER account linked to multiple CM/ECF accounts to toggle among CM/ECF accounts. Attorneys needing this arrangement should contact the Court for more information.
• Internet Payment History: Lists fee payments made within CM/ECF.
• Maintain Your Account: View the registered user's name, address, telephone and fax numbers, set the default for viewing PDF headers on documents, and view attorney admissions documents (if available). There are also links to access e-mail address maintenance and CM/ECF account information, and a link back to PACER account maintenance to edit other contact information. See 'Maintaining Mailing Addresses'.
• Review Billing History: Redirects to PACER billing history.
• Update Your E-mail Address: View the user's primary e-mail address and add secondary e-mail addresses for noticing in the District of Oregon. See 'How to Configure Noticing'.
• View Your Transaction Log: Run a report of CM/ECF transactions by date.

Mailings

• Mailing Information for a Case: View the recipient list for a case.
• Mailing Labels for a Case: Generate a list of mailing addresses for some or all case participants.

How to Configure Noticing

Case-specific options appear below the Configuration options. Here the user may add additional cases for noticing besides those in which the user is attorney of record or a self-represented e-filing party, view the cases for which they will receive NEFs, and add cases for which the user wishes to receive summary NEFs only.

How to Add Additional Cases for Noticing

How to Add Secondary E-Mail Addresses

Secondary e-mail addresses allow a registered user to receive NEFs at additional e-mail addresses aside from their primary e-mail address. Note: Clicking on a link in an NEF may result in PACER fees.

Maintaining Mailing Addresses

LR 83-10 requires registered users to keep their mailing addresses up to date. If the mailing address on a pleading does not match the Court's records, the Court will likely contact the registered user regarding the discrepancy.

Registered users' mailing addresses in their CM/ECF accounts are maintained from their PACER accounts. Only one mailing address may be associated with a CM/ECF account.

From the CM/ECF Maintain Your Account screen, the link "Edit Name and Address Information" redirects to PACER account maintenance. Alternatively, the user may go directly to PACER account maintenance.

¹ Members of the U.S. District Court for the District of Oregon bar who were admitted before January 21, 2020, will see a fee payment due on this screen. Do not pay any bar admission fee unless instructed to do so by the Admissions Clerk.

Section 15 - Conventions and Standards

Introduction

The purpose of establishing conventions and standards for party name entries is to facilitate litigation searches and to avoid duplication of party names in the database. The basic rule for party name entry is to spell it exactly as it appears on the pleading. It is important to do a thorough search to avoid entering duplicate information. Searches are conducted by entering only the first few letters of the last name of a person, business, municipality, organization, or agency. The information will be retrieved only as it appears in the system database.

Abbreviations

When entering addresses use these abbreviations:

• Avenue = Ave.
• Boulevard = Blvd.
• Court = Ct.
• Highway = Hwy.
• Room = Rm.
• Street = St.
• Suite = Ste.
• Navigational references in street addresses may be abbreviated using N, S, W, and E with punctuation. For example, Southwest = S.W.

Telephone and Facsimile Numbers

Telephone and facsimile numbers should be separated by dashes. It is not necessary to separate the area code with parentheses. For example:

Party Name and Party Text Entry

Enter the party name exactly as listed on the case-initiating document (excluding only the words "The," "A," or "An" when preceding the name of a party). Use punctuation when it is part of the actual name (e.g., the apostrophe in O'Malley or Dave's Diner). Include hyphens in the last name or first name field when necessary (e.g., Rodriguez-Sanchez). Remove spaces in a last name (e.g., last names beginning with Mac or Mc or MC).

(a) Individual Persons

Enter the full last name, full first name, middle name (or initial), and generation (for example: Jr., Sr., II, etc.) into the designated fields. Use the Title field for designations such as Officer, Sergeant, or Executor. Additional information may also be added in the Party Text field, such as the words: Individually or in their official capacity, or Incorporated in the State of STATE NAME. Do not insert address information for non-pro se litigants.

(b) Corporations

Enter the full and complete name as referenced in the pleading in the last name field only. Exclude from entry of a corporate name any leading "The."

(c) Unions

The last name field is to be the full name of the union or trust, with the Local number or "Trustees of"  in the first name field. Where Trustees are also identified in the complaint in their official capacity, the individual names are to be entered into the party text field for the Trust. Where a Trustee is identified as a separate party, he/she must be entered as an individual, separate party.

(d) Indian Tribes

Enter "Confederated Tribes of the Umatilla Indian Nation," not "Umatilla Confederated Tribes."

(e) Governmental Entities

1. Federal Agencies: Enter the agency name (e.g., U.S. Department of the Interior), instead of the name of the agency head (e.g., Ken Salazar), unless that person is being sued in his/her individual capacity.

   Example 1 Secretary Ken Salazar, U.S. Department of Interior	Last Name: U.S. Department of Interior Party Text: Secretary Ken Salazar
   Example 2: When the Secretary is also being sued in his individual capacity enter:	Last Name: Salazar  First Name: Ken Title: Secretary Party Text: Department of Interior, in his individual capacity

2. States, Cities, Towns, and Counties: Enter the key words City of CITY NAME in the last name field. However, if the litigant is a department or agency for that state or city, drop the words "State of" or "City of" from the last name field and start the last name field with the name of the state or city.

   Example 1 City of Portland Water District	Last Name: Portland Water District
   Example 2 City of Portland	Last Name: City of Portland Not Portland, City of
   Example 3 Office of Services to Children and Families for the State of Oregon	Last Name: Oregon Office of Services to Children and Families

(f) Personal Property

Enter the item as listed in the pleading. Enter further description of the item, such as registration numbers, color, year, make, or model in the Party Text field.

1. Vehicles: Enter the vehicle as identified on the complaint.

   Example 1989 Chrysler New Yorker, VIN 325678765445

   Last Name: 1989 Chrysler New Yorker Party Text: VIN 325678765445

2. Currency: Enter currency as listed on the complaint. Enter the $ symbol with the dollar amount. Use comma(s) and decimal points. Following the amount, in parentheses, place the type of currency (e.g., (U.S.) for U.S. dollars), if known.

   Example $14,669.42 in US Currency

   Last Name: $14,669.43 (U.S.)

(g) Real Property

Use the street address if available. Start the last name field with the street address followed by the city and then the state abbreviation.

If the street address is not included, use the real property legal description, starting with the county where the land is situated. Insert the name of the state where the land is located in the party text field. Skip inserting the words "more or less" in the party descriptions.

Follow this hierarchy when entering the legal description of the property:

1. County
2. Number of Acres of Land
3. Tax ID number
4. Lot Number
5. Block Number

(h) John Doe(s) / Jane Doe(s)

• If the last name of the party is known but not the first name, enter/create the party by the last name only. See Example 1.
• If a first name is known but not the last name, the party record should be entered as specified in Example 2.
• If both the first and last name are unknown, enter the party as a "John Doe" or "Jane Doe." See Example 3.
• If the pleading identifies many unknown parties (e.g., John Does 1-5), then add the descriptor (1-5) in the party text for the party record of "John Doe" or "Jane Doe." See Example 4.
• If there is a unique descriptor about any of multiple John Does (e.g., Sergeant-in-Charge), create a separate party.

At such time as a "Doe" party is identified in the case, a termination date should be entered for the "Doe" party and a new party record created for the named party.

(i) Estates

If the party is regarding the estate of a person, insert "Estate of" in the last name field.

(j) Guardian Ad Litem

If the party is represented by a guardian ad litem, the guardian should be entered as the party. The person who is the subject of the guardianship should be entered the party text field.

Section 16 - Social Security Appeals

Case Opening

Add the existing party "Commissioner Social Security Administration" at case opening. Do not create a new party. Adding the correct party will ensure that the Notice of Electronic Filing (NEF) is sent to and is accessible by the Social Security Administration.

Complaint

Use the Complaint – Social Security event to file the complaint. Do not attach proposed summonses.

Consenting to the Jurisdiction of a U.S. Magistrate Judge

Pursuant to Standing Order 06-mc-9130, the United States has consented to U.S. Magistrate Judge jurisdiction in Social Security cases (see Standing Order for details). Effective April 2, 2024, pursuant to Standing Order 2024-1, registered users of CM/ECF that are representing plaintiffs in those cases will be required to make the determination regarding consent during the filing of the complaint in social security appeals via a screen displayed during filing. Because the United States has already consented to jurisdiction by a U.S. Magistrate Judge in social security appeals, consent on the part of the plaintiff constitutes full consent in the case, and the case will be randomly assigned to a U.S. Magistrate Judge. If the plaintiff does not consent, the case will be randomly assigned to a U.S. District Judge. Cases filed by plaintiffs who are not represented will be randomly assigned to a U.S. District Judge.

Service

Pursuant to Fed. R. Civ. P. Supp. R. Soc. Sec. 3, service will be made upon the Social Security Administration Office of General Counsel and the local U.S. Attorney by transmittal of a Notice of Electronic Filing at the time of the filing of the Complaint. No proposed summonses are required to be filed.

Filing the Answer/Transcript of Administrative Record

Pursuant to Fed. R. Civ. P. Supp. R. Soc. Sec. 4, the Transcript of the Administrative Record may be filed in lieu of an answer. Use the Answers to Complaints link under the Civil menu to file either the Administrative Record in lieu of an answer or to file the Answer. In the District of Oregon, the Answer deadline is stated in the Social Security Case Procedural Order and is calculated based on the date the Complaint is filed. Attorneys choosing to separately file an Answer and the Transcript of the Administrative Record are to continue using the Administrative Record – Social Security event to file the Administrative Record. The filing of the Transcript of the Administrative Record will set the deadline for Plaintiff's brief.

Briefing

The Social Security Defendant's Brief event has been renamed to Commissioner's Brief.

Schedules

After the Complaint is filed, the Court will issue a Social Security Case Procedural Order that includes schedule information.

Appendices