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It's Not Just You: PACER Down for Migration This Week in 2nd Cir.

By William Peacock, Esq. on October 15, 2014 | Last updated on March 21, 2019

Having trouble using CM/ECF filing and PACER? It's not just you -- the Second Circuit's CM/ECF/PACER system is only going to be semi-functional this week as the court migrates to the "NextGen CM/ECF" system.

What do you do if you need to submit filings under deadline? CM/ECF filing was suspended at noon today, so for now, you'll have to party like it's 1995 and use email attachments. As for case dockets and documents, that part of the system will be online until midnight on Friday, then closed until noon on Monday. If you were looking for a good excuse to take a long weekend, this is it.

Here are the full details on the service interruption and the "eboxes" filing procedures that are in place until Monday:

Electronic Mailboxes Filing

The semi-closed CM/ECF system won't get you out of your impending deadlines. According to the court, filings should be made using the existing "eboxes" (electronic mailboxes) procedures outlined in Local Rule 25.2. This should be old news to most of you, since counseled parties are already required to submit PDF copies of filings via email to the court, but if you're new or need a refresher, here are the basics of what you'll need:

  • A single, text-searchable PDF, incorporating the Form T-1080 Motion Information Statement, the memorandum of law, and all supporting documents, sent in a single email.
  • A particular email subject line. The email must include the following information in the header's "Subject" or "Re" line:
    • The docket number; if a docket number has not yet been assigned, the (i) the name of the district court or agency appealed from, and (ii) the district court docket or agency number;
    • The party's name;
    • The party's designation in the case (e.g., appellant, petitioner);
    • The type of document (e.g., form, letter); and
    • The date of submission.
    • Example of a proper subject line: # 01-2345-cv, ABC Corp, Appellant, Letter, 01/02/09.

  • Email Destinations
  • Service: All counseled parties, as well as pro se parties who have submitted PDFs, must be cc'd on the email.

Docket/Document Access

According to the notice posted on the court's website, CM/ECF case dockets and documents can be viewed and downloaded via PACER until Friday, October 17, at 11:59 p.m.

The CM/ECF system will then be closed from midnight until Monday, October 20, at noon.

When the new system is up and running, you'll need an upgraded individual PACER account and password to to file documents. Firm-wide or shared accounts can still be used to run searches, but not for filing. Instructions for upgrading or creating new individual accounts can be found on the Second Circuit's website.

Related Resources:

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