13
Opening a Civil Case Case Information Civil cases can be opened and filing fees can be paid within the System. After successfully logging into ECF, follow the steps below to open a new civil case: STEP RESULT 1. Select Civil from the blue menu bar at the top of the ECF screen. The Civil Event window opens displaying all of the categories from which you may choose for your filing. Click Civil Case. 2. Fill out the screen as directed in the table below: Place of Trial: Select the place of trial requested in the complaint. Case type: Use cv. Lead case number: Leave blank. Association type: Leave unchanged. Opening a Civil Case Page 1 of 13

Opening a Civil Case

Embed Size (px)

Citation preview

Opening a Civil Case

Case Information Civil cases can be opened and filing fees can be paid within the System.

After successfully logging into ECF, follow the steps below to open a new civilcase:

STEP RESULT

1. Select Civil from the blue menu bar atthe top of the ECF screen. The CivilEvent window opens displaying all of thecategories from which you may choosefor your filing. Click Civil Case.

2. Fill out the screen as directed in thetable below:

Place ofTrial:

Select the place oftrial requested in thecomplaint.

Case type: Use cv.

Lead casenumber:

Leave blank.

Associationtype:

Leave unchanged.

Opening a Civil Case

Page 1 of 13

STEP RESULT

Other courtname:

If this case relates toanother federal courtcase in Nebraska,enter USDC-NE. Ifyou are filing a Noticeof Removal, enter theother court name.

Other courtnumber:

If this case relates toanother federal courtcase in Nebraska, oryou are filing a noticeof removal, enter thecase number of therelated case.

JPMLnumber

Leave blank.

Relatedcases:

Leave blank.

3. Fill in the Civil Cover Sheetinformation as directed by the tablebelow:

Jurisdiction: See civil cover sheet instructions.

Cause of action: See civil cover sheet instructions.

Nature of suit: See civil cover sheet instructions.

Origin: See civil cover sheet instructions.

Citizenship of plaintiff: Only used for diversity cases.

Note: You do NOTneed to file a copy of thecivil cover sheet.

Opening a Civil Case

Page 2 of 13

Citizenship of defendant: Only used for diversity cases.

Jury demand: Select the party demanding a jury.

Class action: Do not use. Leave as “n.” The court willmodify this information if the class action isapproved.

Demand ($000): Leave blank.

Arbitration Code: Leave blank.

County: Select the county of residence of the plaintiff,unless the plaintiff is the USA, in which caseselect the county of residence of thedefendant.

Fee status:

IF you are... THEN...

a governmentalagency

select wv (waived)

filing in formapauperis

select fp (in formapauperis)

all other filings select pd (paid)

Fee date: Leave as current date.

Date transfer: Leave blank.

STEP RESULT

4. This screen serves as a reminder toonly add attorneys for parties that you willbe representing. Do not add opposingcounsel on the following screens unlessthis is a Notice of Removal.

Opening a Civil Case

Page 3 of 13

STEP RESULT

5. Add parties to the case following thesteps in the Add Parties procedure.

Adding Parties to a Case

OverviewThis procedure details the five steps for adding a party to a case, which are: 1. Search for the party by name.2. Verify or enter the party name.3. Select the party’s role in the case.4. Add aliases for the party, if any.5. Select attorneys for the party, if known.Repeat these steps for each party in the case.

ProcedureFor demonstration purposes, the first plaintiff and the plaintiff’s attorney will beadded to a case in this procedure. Repeat the steps to add additional parties.

STEP RESULT

1. Starting with the first plaintiff, searchby typing the plaintiff’s last name or thebusiness name, and then click Search.

For this example, Jennifer A. Stone isbeing added as a party, so we searchedfor “Stone.”

Opening a Civil Case

Page 4 of 13

STEP RESULT

2. If the party is listed in the results field,click on the name and then click SelectParty. Otherwise, click Create NewParty.

Since Jennifer Stone is listed among theresults, we will click the Select Partybutton.

3. On the Party Information screen youshould only fill out:• first, middle and last name (if a

business, the entire businessname goes into the Last namefield),

• the role of the party, and • party text, if any. (Note: The

Party Text field is used foradditional information about theparty, such as a minor child, nextfriend of..., or in his role as...)

DO NOT add address information or e-mail addresses for parties.

Don’t forget to change the role to plaintiff!

4. Click Add Party.

Opening a Civil Case

Page 5 of 13

STEP RESULT

The party now displays in the “tree” onthe left side of the Add Party screen.

5. To add aliases, Corporate Parents, or

attorneys for the party, use the Add

icons.

We want to add an attorney for ourplaintiff, so we will click the Add icon nextto Attorney.

6. Search for the attorney by typing theBar Id or the attorney’s last name.

For this example, we will add KathyGriess as the attorney.

7. Select the attorney’s name from theresults list and then click SelectAttorney.

8. Do not change any fields on theAttorney Information screen. Click AddAttorney.

Opening a Civil Case

Page 6 of 13

STEP RESULT

9. The attorney now appears in the “tree”view on the left of the screen under theplaintiff. Repeat steps 6-8 to add allattorneys for this plaintiff.

10. Click Add New Party, then repeatsteps 1-9 until all parties and all knownattorneys have been added to the case. When finished adding all parties andattorneys, click Create Case.

11. Your case has been opened and thecase number has been assigned. Butyou are not done yet! Make a note ofthe case number, then click Docket LeadEvent? to upload the necessary caseopening document(s) and pay the filingfee.

Opening a Civil Case

Page 7 of 13

Filing a Complaint (or other case opening document)Follow the steps in the table below to file the complaint and pay the filing fee:

STEP RESULT

1. Select the type of document to file. Inthis example, we will file a complaint.Click on Complaint, then click Next.

2. The case number shouldautomatically be displayed. Verify that itis correct, then click Next.

3. Click the name of the party or partiesthat are filing the document. To selectmore than one name, hold down the Ctrlkey on the keyboard while clicking eachname. Click Next.

Opening a Civil Case

Page 8 of 13

STEP RESULT

4. Click the name of the party or partiesthat the complaint is against. Hold the Ctrlkey while clicking multiple parties. ClickNext.

5. Click Browse to locate the PDFcontaining the complaint.

6. In the File Upload window, verify thatyou have selected the correct documentby right-clicking the mouse button on thePDF. From the quick menu, click Open.Adobe Acrobat will launch and open thePDF. View it to verify that it is the correctdocument.

Note: Do NOT click the “AllDefendants” option, as this will notlist the party names in the dockettext. Instead, use the Ctrl+clickfeature to highlight each name.

Opening a Civil Case

Page 9 of 13

STEP RESULT

7. Once you are sure you have thecorrect document, close the AdobeAcrobat window and click Open in theFile Upload dialog box.

The file path will now be in the MainDocument field.

8. If there are no attachments to thecomplaint, click Next.

If you have attachments, click the Browsebutton to locate the appropriate PDF filesand enter a Category and/or Description.

Note: For more information on filingattachments, see the separate AddingAttachments procedure.

9. If the complaint contains a jurydemand, click the with jury demandradio button, then click Next.

Opening a Civil Case

Page 10 of 13

STEP RESULT

10. Click Next to bypass the deadlinescreen.

11. If the complaint is filed on behalf ofthe USA, or with an Application toProceed Without Prepayment of Fees,type N in the box and skip to step 15,otherwise type Y.

Click Next.

12. The filing fee is displayed. ClickNext.

Note: Do not user your browser’s backbutton after this point.

Opening a Civil Case

Page 11 of 13

STEP RESULT

13. You can either pay with a checkingaccount number (Option 1) or by CreditCard (option 2). Fill out the paymentscreen for the option you choose. Fieldswith a red asterisk are required fields.

14. If you wish to receive an e-mailconfirmation of the payment transaction,enter your e-mail address in the fieldsprovided. Be sure to check the boxauthorizing the charge to your account.

Click Submit Payment.

15. If necessary, further describe thecomplaint using the field provided. ClickNext. (Examples: “with request for classaction”, or “with request for Temporary

Opening a Civil Case

Page 12 of 13

STEP RESULT

Restraining Order.” )

16. Click Next to submit the complaint tothe court.

17. The screen depicted at the right confirms that ECF has registered yourtransaction and the pleading is now anofficial court document.

Note: The Notice of Electronic Filing isyour proof of filing or file stamp. Thecourt strongly urges you to save it to a fileor print it in order to retain a copy of thenotice in your personal files.

18. Now that you have filed thecomplaint and paid any necessary fees,the court will draw judges for the case. You should receive e-mail notification ofthe judges assigned by the close of thenext business day.

CONGRATULATIONS! The case opening process is complete.

Opening a Civil Case

Page 13 of 13