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New Procedure Regarding ECF Bounced Back Policy

December 9, 2008


The Clerk’s Office has been spending at least one hour per day following up on bounced back e-mails from the Electronic Case Filing System (ECF). The bounced back e-mails relate to filings posted by the Clerk’s Office, chambers staff or counsel which occur as a result of counsel’s failure to update their e-mail addresses.

As directed by LCvR 5.1(e), counsel is to inform the court of any change of address within 10 days of the change.  Additionally, this rule indicates that the address and telephone number of a party or an attorney noted on the first filing shall be conclusively taken as the last known address and telephone number of the party or attorney. The substance of this rule applies to ECF filers.  Whenever a filer’s e-mail address changes, the user is to update their ECF profile to show the new e-mail address.  The system is robust enough to permit counsel to change their own e-mail address within the ECF system.  In November of this year, all ECF filers were apprised of the need to keep current all e-mail addresses.

There have been a number of opinions in district and appellate courts around the country that have put the burden of responsibility on counsel to monitor the docket and not depend on the receipt of notices of electronic filing to inform them of a filing.

Therefore, effectively immediately, pursuant to direction of this Court’s Information Technology Committee, the Clerk’s Office will no longer monitor bounced back e-mails.