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The English Luddites of the early nineteenth century rebelled against the introduction of power looms, which ultimately forced them out of their home-based workplaces into the factories. Neo Luddites are similarly suspicious of new technology, from the use of computers through the expansion of cyberspace.
But even a neo Luddite might approve of electronic case filing, a program which will go “live” at the U.S. District Court in Sacramento and Fresno on January 3, 2005. The court’s adoption of electronic case filing, or ECF, means members of the Eastern District’s bar must file pleadings, briefs, and even exhibits over the internet in Portable Document Format (PDF) up until midnight on the day the pleading is due and gives them access 24/7to the entire electronic court file through the court’s PACER system. It eliminates the need to serve opposing counsel with a paper document, for once the electronic pleading has been filed, other counsel receive a e-mail notification of the filing with a hyperlink to the document. This new technology promises to give some control over filing, service, and access back to the lawyers, something a Luddite might endorse.
Of course, the court’s embrace of new technology may mean lawyers need new equipment. Filers will need a CM/ECF login and password, available from the Clerk of the Court through the registration form at www.caed.uscourts.gov; a PACER login and password, available from the PACER service center at http://pacer.psc.uscourts.gov; a personal computer with standard platform such as Windows or Macintosh; a PDF-compatible word processing program, such as WordPerfect or Word; software to convert word processing documents to portable document format, such as Adobe Acrobat PDF Writer; Adobe Acrobat Reader; internet service; and Netscape Navigator version 4.6 or 4.7 or Internet Explorer 5.5. See System Requirements at www.caed.uscourts.gov. For those who will be submitting any sort of exhibits or other material not available through a word processing system, a scanner will be essential, for exhibits must be filed electronically unless leave of the court is secured for paper filing. See CM/ECF Final Procedures, C 8, at www.caed.uscourts.gov.
Even as an upgrade of home computer requires some adjustment and retraining, so will a transition to electronic filing. To make this as smooth as possible, the court has developed on- line training tutorials, a training database, and a User’s Manual, which are available on its website. Check the website additional information, including the Final Procedures, the proposed changes to the local rules, and the telephone number for the attorney help desk.
All this is available to a member of a big firm in a large office or to a solo practitioner in the back room of her home. A Luddite might approve.
The author, Sandra Gillies, is a law clerk to the Honorable Kimberly J. Mueller,United States Magistrate Judge. |