Most documents in federal civil litigation are now filed electronically through the Case Management/Electronic Case Filing (CM/ECF) system. In many ways, e-filing has made the process of filing documents easier and more efficient. However, there are a few traps for the unwary. Attorneys can avoid many potential e-filing pitfalls by getting answers to the following questions before attempting to e-file in federal court.

Only CM/ECF users (and their authorized agents) may e-file documents in federal court. To acquire e-filing rights, an attorney must register for a CM/ECF login and password in the court where she intends to e-file. E-filing rights are normally restricted to attorneys who are formally admitted to practice in the court or admitted on a pro hac vice basis. An attorney must apply for a separate CM/ECF login and password for each court in which she plans to e-file. The signing attorney's CM/ECF login and password must be used to e-file a document. For more on this issue, see:

Most documents filed in federal civil lawsuits must be e-filed. The court's CM/ECF rules should indicate whether there are any exceptions. Common exceptions include complaints and other case-initiating documents, proposed orders and under seal filings. For more on this issue, see Practice Notes, E-Filing in Federal District Court: Basics and Formatting: What to E-File and E-Filing in Federal District Court: Filing and Service: Specific E-Filing Events.

In most courts, electronic filing must be completed before midnight local time where the court is located for documents to be considered timely filed on that day. Be sure to check the court's CM/ECF rules to confirm that a shorter deadline does not apply in your case. Some courts require documents to be e-filed by close of business on the date they are due. For more on this issue, see Practice Note, E-Filing in Federal District Court: Basics and Formatting: When to E-File.

All documents filed via CM/ECF must be in PDF (or PDF-A) format. Courts typically impose strict size limits on documents e-filed through CM/ECF (usually between five and 15 megabytes per PDF). Size limits for e-filed documents are usually set out in the court's CM/ECF rules. Documents exceeding the maximum size limit will be rejected by CM/ECF. If you plan to e-file a large document, break it up into smaller PDFs and label them accordingly. For more on this issue, see Practice Note, E-Filing in Federal District Court: Basics and Formatting: File Size Limits.

Certain information, such as portions of an individual's social security number, must be redacted from publicly available court filings under FRCP 5.2. Failure to redact this information can lead to sanctions. For more on this issue, see Practice Note, E-Filing in Federal District Court: Basics and Formatting: Redactions and Article, Avoiding Digital Redaction Disasters.

Many courts do not require a separate certificate of service for parties served via CM/ECF. The Notice of Electronic Filing that is auto-generated by CM/ECF after a successful e-filing constitutes proof of service in these courts. However, several courts still require a separate certificate even where all parties have been served via CM/ECF. The filing party must always file a certificate of service for any party who was not served through CM/ECF. For more on this issue, see Practice Note, E-Filing in Federal District Court: Filing and Service: Proving Service.

The court's CM/ECF rules should set out the steps to take if you encounter technical difficulties while e-filing. Some courts, for example, allow litigants to file in paper format in the event of a CM/ECF outage. If a filing is made untimely as a result of a CM/ECF technical failure, the filing party typically gets an automatic extension of time in which to file. However, an extension may or may not be granted if a filing is made untimely as a result of a technical failure on the filer's end. For more on this issue, see Practice Note, E-Filing in Federal District Court: Filing and Service: E-Filing Difficulties.