Notice of Electronic Filing
Sources of information
L. The Notice of Electronic Filing
The system will present you with a Notice of Electronic Filing (“NEF”) screen and will also e-mail you a copy of the NEF. The Notice of Electronic Filing (“NEF”) is your proof that the document has been E-Filed. You should print the screen to a piece of paper or a PDF (or both) before proceeding, because you will need to attach the NEF as the last page of the courtesy copy that you submit to the Court. The NEF includes a “document number” and a link. Be sure to note that document number, as you will need it if you need to e-mail a proposed order to the Court. The NEF also includes an “Electronic Document Stamp” which is a string of letters and numbers which Court staff can use to verify the authenticity of the NEF. The NEF also contains the path and file name of the document you uploaded and any attachments.
Section 2: Definitions and Related Requirements: (page 5)
h. Notice of Electronic Filing (“NEF”) is an electronic notice automatically generated by the Electronic Filing System at the time a document is docketed. The NEF includes the time of filing and docketing, the name of the party and Filing User filing the document, the type of document, the text of the docket entry, the name of the party and Filing User receiving the notice. If a document is attached to the docket entry, the NEF will contain a Hyperlink to the filed document allowing recipients to retrieve the document.
Section 7: Consequences of Electronic Filing (page 11)
a. Electronic transmission of a document through the Electronic Filing System constitutes the filing of the document pursuant to Rule 5(e), FEDERAL RULES OF CIVIL PROCEDURE, and Rule 49, FEDERAL RULES OF CRIMINAL PROCEDURE.
b. The transmission of a NEF constitutes entry on the docket pursuant to Rules 58 and 79, FEDERAL RULES OF CIVIL PROCEDURE, and Rules 49 and 55, FEDERAL RULES OF CRIMINAL PROCEDURE.
Section 16: Notice of Court Orders and Judgments
a. Immediately upon entry of an order or judgment, the Clerk will transmit a NEF to Filing Users. Transmission of the NEF constitutes the notice required by Rule 77(d), FEDERAL RULES OF CIVIL PROCEDURE, and Rule 49(c), FEDERAL RULES OF CRIMINAL PROCEDURE. The Clerk will send paper copies of orders and judgments to non-Filing Users.
IV. Electronic Filing. (page 17)
O. Certification of Electronic Documents. Pursuant to Federal Rules of Civil Procedure 44(a)(1) and 44(c), the method of electronic certification described herein is deemed proof of an official court record maintained by the Clerk of Court. The NEF contains the date of electronic distribution and identification of the United States District Court for the Central District of California as the sender. An encrypted verification code appears in the electronic document stamp section of the NEF. The electronic document stamp shall be used for the purpose of confirming the authenticity of the transmission and associated document(s) with the Clerk of Court, as necessary. When a document has been electronically filed into CMIECF, the official record is the electronic recording of the document kept in the custody of the Clerk of Court. The NEF provides certification that the associated document(s) is a true and correct copy of the original filed with the court.
- All attestation/authentication records (NEFs - Notice of Electronic Filing) of judicial records (minutes, orders, judgments), which are required in order to render them such that command "full faith and credit", are concealed from public access. Therefore, the public is unable to distinguish valid and effectual records from void, not voidable records, both being published by the courts in PACER.
- The NEF was opined as invalid as to form: It lacks a certification statement "I, the undersigned, hereby certify...", it fails to state the name and authority of an individual, issuing the NEF as a Deputy Clerk of the Court.
- The NEF bears no valid signature, either graphic or digital. Instead - it carries a machine generated encrypted "checksum" string.
- ^ PACER is a public-access system, to which access is permitted to any person, albeit for pay and after registration. CM/ECF is the Case Management/Electronic Court Filing system, available only to those permitted by a particular U.S. District or U.S. Court of Appeals.
- ^ a b Anderson's Unofficial Manual for e-filing at the Central district of California. No Official Manual existed.
- ^ Official Manual of the Eastern District of California
- ^ Official Manual of the Southern District of California
- ^ Compilations of Local Rules of U.S. District Courts
- ^ United States District Court for the Western District of Texas,Administrative Policies and Procedures for Electronic Filing, April 1, 2010
- ^ [US District Court Central District of California: General Order 08-02, February 7.2008]
- ^ Zernik,J Motion to Intervene in Log Cabin Republicans v USA et al(10-56634)in the US Court of Appeals, 9th Circuit, January 7, 2011
- ^  Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)