The EDVA currently accepts electronic payment from e-filers through pay.gov for civil initiating documents such as complaints, petitions, notice of removals, Application to Proceed without Prepayment of fees and Affidavit, Application for Pro Hac Vice and Notice of Appeals. All other filing fees should be paid in the traditional way: by cash, check, money order, MasterCard, or Visa, over the counter or by U.S. mail. No cash payments are allowed for the Newport News division. All non-e-filers will not be allowed to electronically file or pay fees online.
This procedure is not affected by ECF. Attorneys can make an attorney/party association when docketing either motions or civil answers to complaints. In the paper world, clerk's office staff have been making this attorney/party association when an attorney files initiating documents, motions, answers to civil complaints, and consent orders. The Clerk's Office will continue to make the attorney/party association for initiating documents and consent orders. If attorneys wish to make an appearance in a case when they are not filing another document, they can file a Notice of Appearance. Attorneys who are co-counsel may file a Notice of Appearance.
Note: Simply adding the name of another attorney in the same firm at the bottom of the document or as part of the filing user's signature block does NOT add that attorney to the case. In fact, no attorney's name, other than the filing user, should appear in the document's signature block. If more than one attorney signs the document, the Multiple Signatories policy should be used, which requires a full nine-element signature block for each signature.
If you find it necessary to send a cover letter with your electronic filing, you can file the cover letter as an attachment to your main document. If you should attach a cover letter to your main document, please remember that attachments become part of the official record of the case. For instructions on how to add attachments to your main document, please see the Attachments to Documents section of the E-Filing Policies and Procedures manual.
Yes or no, depending on how you create the documents.
Yes, if you create the motion and memorandum in support as two separate documents. In other words, if both your motion and memorandum in support have their own signature blocks and their own heading (court name, division, case style, case number, and document title), then you have two separate documents that must be filed separately. Please file the motion as one entry and the memorandum in support as a separate entry in which you link the memorandum to the motion it is supporting. Always file the motion before filing the memorandum in support.
No, if you create them as one document, with a single heading and only one signature block. If you file the motion and memorandum in support as one document, be sure to text into the white rectangular box the fact the the document includes a memorandum in support as well as the motion.
The joint motion should be filed electronically, following the procedure for multiple signatories, with the proposed order as an attachment. See the E-Fiing Policies and Procedures manual, Multiple Signatories. When selecting the filer of the document, be sure to select the party you represent. If filing a joint motion, you may text in the name of the opposing party when presented with a text box before committing the transaction.
If attorneys realize that they have attached the wrong document after they have committed the transaction, they should immediately file the correct document and notify the Clerk's Office. The Clerk's Office will take corrective action.
If an attorney is electronically filing a document that has an attachment or exhibit that is exempt from e-filing, the attorney should replace the exempt document with a placeholder stating that the document was submitted to the Clerk's Office on paper. The attorney should clearly indicate on the paper document which exhibit the document is and for which case, so that the Clerk's Office will know into which case and with which electronically filed document the document goes with when we receive it. The attorney must file both the electronic document and paper attachment timely.
Yes. The primary addressee (the attorney who is the filing user) gets one free look. The filing user can add more than one secondary e-mail addressee, and all secondary addressees will receive NEFs and one free look. All recipients (the primary and all secondary addressees) must take this free look by clicking on the document number link within the e-mailed NEF and must do so within 15 days of receiving the e-mailed NEF. Once the person has taken the free look and used that opportunity to print and/or electronically save the document, or once the 15 days has expired -- whichever comes first -- the person will have to go through PACER and pay the $.10/page cost to look at, save, and/or print the document.
If you file a Notice to Discontinue NEFs, the Clerk's Office will turn off notices for you for that particular case. Note: If the primary e-mail addressee is not receiving NEFs, the secondary e-mail addressee won't receive NEFs either.
It's possible that your e-mail spam filter is blocking the NEFs from arriving in your e-mail box. Please check your system, and make sure that e-mails from the CM/ECF address (firstname.lastname@example.org) can get through.
Whatever e-mail address you used when registering for an EDVA ECF login and password is the e-mail address the system uses and will therefore also show up on the front of the docket sheet and in every NEF that is generated. Therefore, if you wish not to have your e-mail address made public, you will have to create a generic office e-mail address.
Once you have a generic e-mail address created and/or whenever you have a new e-mail address, update your e-mail address in CM/ECF by taking the following steps:
Click on Utilities on the main blue menu bar once you have logged into CM/ECF.
Click on Email information button.
Highlight your old e-mail address and then type your new e-mail address in the Primary E-Mail Address box.