US District Court Countdown to NextGen

Do you practice in the US District Court for the District of Oregon? Are you ready for NextGen – the new version of Case Management/Electronic Case Files (CM/ECF)? If not, act now because time is running out. Here are the pertinent timelines and to-dos.

Effective date for NextGen

Tuesday, January 21, 2020.

When CM/ECF will be Offline

From 3:00 p.m. on Friday, January 17, 2020 through 8:00 a.m. on Tuesday, January 21, 2020. During this time, notices of electronic filing will not be issued.

Court-Imposed Deadlines 

Court-imposed deadlines falling on Friday, January 17, 2020 are extended to 11:59 p.m. on Tuesday, January 21, 2020. Standing Order 2019-13.

Time-Sensitive Filings Must be Submitted by Email

The Clerk’s Office will accept via email time-sensitive filings, such as filings nearing statute of limitations deadlines, requests for emergency injunctive relief, and notices of appeal.

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 email during the period when CM/ECF is unavailable.

Documents must be submitted to filings@ord.uscourts.gov and will be deemed filed as of the date received. Any documents submitted via email during this time will be entered on the docket by the Clerk’s Office as soon as practical after CM/ECF is operational. Standing Order 2019-13.

Upgrade Your PACER Account Now

Attorneys will NOT be able to log in and file with their current CM/ECF user names and passwords after January 21, 2020. To avoid any interruption in filing:

Note: Attorneys are required to have individual, upgraded PACER Accounts. Shared accounts may not be used.

All Rights Reserved 2020 Beverly Michaelis

 

Legal News and Upcoming Events

Is Mandatory Malpractice Coverage Coming to Washington?

Mandatory malpractice coverage is well known by Oregon lawyers and may be coming soon to members of the Washington bar (WSBA).

In July, the WSBA Mandatory Malpractice Insurance Task Force presented a tentative recommendation to the Board of Governors (BOG) to mandate malpractice insurance for Washington-licensed lawyers. The task force expects to present a final report to the BOG in four short months.

Next steps include:

  1. Considering feedback from the Board of Governors;
  2. Ramping up information efforts among WSBA members, and obtaining and considering additional comments received;
  3. Detailing the recommended malpractice insurance mandate, including the specific
    required coverage minimums;
  4. Identifying in detail the recommended exemptions from the professional liability
    insurance requirement; and
  5. Drafting a proposed Court Rule for the Board of Governor’s consideration

Members may submit comments to insurancetaskforce@wsba.org. The task force continues to meet monthly through the end of the year. Read the interim report here.

Free Access to PACER

This past week, the ABA Journal reported a potential end to PACER fees:

A new bill before the U.S House of Representatives would prohibit the federal courts from charging for public documents. The Electronic Court Records Reform Act would require that documents downloaded from the PACER database be free. Currently, the repository for federal court documents charges up to 10 cents a page.

The article notes that PACER has become a reliable money-maker for federal courts, pulling in $150 million in fees in 2015 alone.

Of further interest to federal court practitioners, the proposed bill would require documents to be posted to PACER within five days of being filed in federal court in a manner that allows for easy searching and linking from external websites.

Additionally, it would require consolidation of the Case Management/Electronic Case Files (CM/ECF) system, allowing for one-stop shopping when searching for federal court cases. Presently, each court operates its own separate CM/ECF system.

Free Data Breach CLEs in Bend and Medford

The Professional Liability Fund is offering two free data breach CLES in October:

These CLEs will explain data breach, what you can do to protect your client’s information, your ethical duties, and what to do if a breach occurs. For more information, follow the links above. Register for the Bend CLE by emailing DeAnna Shields at deannas@osbplf.org. Register for the Medford CLE by emailing Eric B. Mitton at eric.mitton@cityofmedford.org.

All Rights Reserved – 2018 – Beverly Michaelis

eCourt Notices: Forwarding is Up to You – Oregon eCourt Week

Transitioning to Oregon eCourt requires many adjustments – as evidenced by this week’s posts. Among the most significant: how law offices will process court notices for various events, including hearing dates, trial dates, or entry of judgments.

eCourt Notices are Delivered Only to the Filing Attorney

Unlike PACER, where filers can specify multiple e-mail addresses to receive electronic court notices, the Oregon system restricts delivery to the filing attorney. Notices are sent to the filing attorney’s official e-mail address on file with the Oregon State Bar. Alternate e-mail addresses, including generic docketing accounts like docketing@abclawfirm.com are not permitted. Because notices are delivered to the filing attorney only, staff members or other attorneys in the office are not included in the Oregon eCourt notice system.

eService Accommodates as Many Parties as Needed

Unlike the notice system, there is no limit to the number of parties or lawyers that can be included in eService. Consent to eService is on a case by case basis. When you e-file into a case you are consenting to eService on that case. Parties and attorneys are responsible for adding themselves as a service contact in the eService system and updating their information as necessary. The system does not pull contact information from the Oregon State Bar database as it does for delivery of eNotices.

Registering Multiple Users Permitted

Law firms may register as many individual Oregon eCourt users as they desire. If a firm has 10 litigators and 5 staff who file in Oregon eCourt, all 15 may be added to the system. A firm account must be created first. Individual users may self-register only if permitted by the Firm Administrator. See the user guides available here.

How to Share eCourt Notices with Staff or Other Attorneys

If you want to share eCourt notices with staff or other attorneys in the firm, you will need to create auto-forward rules. This is easily done if you are using a desktop e-mail program like Outlook, Windows Live Mail, Apple Mail, or Thunderbird.

If you are using Web-based mail, it may or may not be possible. Auto-forwarding of eCourt notices requires the ability to selectively filter messages by sender. In this case, the goal is to forward messages sent from the court @ojd.state.or.us and from the Tyler Technologies File and Serve system @tylerhost.net.

Gmail permits forwarding of messages using filters (as do all the e-mail programs listed above). Yahoo! mail users can elect to forward all Yahoo! mail to another address, but they cannot selectively filter messages from specific senders. Filtering in Yahoo! is limited to moving messages from one folder to another.

Click on any of the following links to set up filtered auto-forwarding:

As an example, here are step-by-step instructions for creating a rule in Outlook 2010 to mark all messages from @ojd.state.or.us as important and auto forward copies to specific people (staff or other lawyers).  Repeat the steps described in this document to create a second rule for messages received from @tylerhost.net. eCourt notices are sent from both domains.

How to Create a Safety Net if you are a Solo Practitioner

If you are solo practitioner with no support staff, you may want to auto-forward eCourt notices to a secondary e-mail address as a backup. (Gmail can filter e-mail and send alerts to your phone.) Remember, you can also login to Oregon eCourt and look at court dates and case information online. eFiling data can be exported to Microsoft Excel.

Don’t Miss a Court Notice – Achieve Inbox Zero

If you achieve “Inbox Zero” you are far less likely to miss a court notice. Use Dee Crocker’s DAFT approach to keep your Inbox empty [Defer, Act, File, or Toss]:

Defer
If you don’t have time to reply or act on an e-mail, create a task from the message and schedule it for a later time.

Act
If you can respond to an e-mail in less than five minutes, do so.

File
File messages that don’t require a response when they arrive. Move messages to appropriate folders in your Inbox or better yet save them directly to the client’s folder on your computer or network. You can download electronic filing assistants to make this process easier.

Toss
Toss (trash) unneeded messages immediately.

Keep Other Best Practices in Mind

For complete guidelines on how to handle client e-mail see these articles:

Be particularly careful about junk mail or spam filters that may catch eCourt notices and learn about common eCourt mistakes. See Zero Tolerance for e-Filing Error: Avoid Committing Malpractice, with a Few Clicks of Your Mouse. Consider ordering the free PLF CLE, “Survival Tips for Organizing Your E-Mail and Practicing in eCourt,” available on the PLF Web site.

All Rights Reserved [2014] Beverly Michaelis