D. Neb. NEGenR 1.3

(a) Electronic Case Filing ("CM/ECF").

The district court uses an electronic case filing ("CM/ECF") system

("System"). Failure to comply with CM/ECF procedures may result in

sanctions on an attorney or party. Information about CM/ECF is on the

court's website at

https://www.ned.uscourts.gov/attorney/electronic-case-filing.

(1) Public Access to the System.

Public remote electronic access to the System for viewing purposes

is limited to subscribers of the Public Access to Court Electronic

Records ("PACER") system, https://www.pacer.psc.uscourts.gov.

The Electronic Public Access Fee Schedule, which includes

information about free access and exemptions, is available on the

United States Courts website at https://www.uscourts.gov/services-forms/fees/electronic-public-access-fee-schedule.

(A) Restrictions on Remote Access.

(i) Sealed Documents.

A sealed case or document is placed on the System

but is not remotely accessible to the public or available

at the terminals in the clerk's office unless the court

orders the case or document unsealed. See NECivR

7.5; NECrimR 12.5.

(ii) Restricted Access Documents.

Remote access to documents containing personal

identifying information protected by the E-Government

Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899 (Dec.

17, 2002) (codified at 5 U.S.C. §§ 3701-3707 and

scattered sections) ("E-Government Act"), is restricted

to case participants and court users. Public access to

these documents is not allowed at terminals in the

clerk's office. See NECivR 5.3; NECrimR 49.1.1.

(iii) Administrative Documents and Records.

Public access will not be available to the court's internal

administrative documents and records filed on the

System.

(2) Electronic Orders and Judgments.

All court orders, judgments, and proceedings are filed under these

rules, resulting in entry on the clerk's docket. Court personnel file

signed orders electronically. Any order or other court-issued

document filed electronically with an electronic signature has the

same effect as an originally signed, nonelectronically filed document.

Orders issued as "text-only" docket entries (i.e., without an attached

.pdf document) are also official and binding.

(A) Oral Orders.

Copies of oral orders are distributed electronically as minutes,

text-only orders, or .pdf documents.

(B) Notice to Unregistered Users.

The clerk mails paper copies of orders to parties who are not

registered users of the System. A paper copy is accompanied

by an NEF.

(3) Filing Errors.

Once a document is submitted and becomes part of the case docket,

only the clerk may correct the document. The System does not allow

the filing party to change a document or its docket entry once a

transaction is accepted. If an error is discovered, the filing party

should immediately contact the clerk with the relevant case and

document numbers. If necessary, the clerk notifies a party to refile a

document or file a motion to strike.

(4) Striking .PDF Documents and Text-Only Entries.

The clerk may enter an order striking a .pdf document filed

electronically and note in the docket entry of the stricken document

that the document is "STRICKEN" if the document is (A) a duplicate

of a document already filed electronically in the same case; (B) filed

in the wrong case; (C) empty, upside down or illegible; or (D) related

to an application to clerk for refund under NEGenR 1.2(e)(2). The

stricken document or entry remains visible and electronically

available on the docket unless otherwise ordered by the court. The

clerk may also enter an order striking a text-only entry if a court

employee uploaded the entry in error.

(5) Technical Failures.

A filing party whose filing is made untimely as the result of a technical

failure may seek appropriate relief from the court.

(b) Registration for CM/ECF.

(1) District Court Registration.

Before electronically filing a document with the court, an attorney or

a pro se party (i.e., one not represented by an attorney) to a pending

civil case must register for electronic filing with PACER at the

following web address: https://www.pacer.gov/. See NECivR 5.1;

NECrimR 49.1. Electronic filing registration constitutes a party's

consent to electronic service and waiver of the right to service by

personal service or first class mail. Once registration is complete, a

login and password are issued by PACER and serve as part of the

user's electronic signature on documents filed on the System. See

NECivR 11.1; NECrimR 49.2.

(A) An attorney must not knowingly facilitate the use of the

attorney's password by anyone other than an authorized

agent. If an attorney believes that a password's security is

compromised and that a threat to the System exists, the

attorney must immediately change the password.

(B) Once registered, an attorney is responsible for all documents

filed with the attorney's password.

(C) An attorney admitted pro hac vice must register for a

password with PACER at https://www.pacer.gov/.

(D) If a pro se party retains an attorney who appears in a pending

action, only the attorney receives future NEFs.

(2) Withdrawal from System.

A registered user may withdraw from the System by sending the clerk

a written notice of withdrawal, either on paper or electronically. Upon

receipt, the clerk immediately terminates access in the System.

Withdrawal does not constitute authorization to file cases or

documents nonelectronically.

(c) Privacy Policy.

Federal rules support compliance with the E-Government Act. See Fed. R.

Civ. P. 5.2; Fed. R. Crim. P. 49.1. Parties and their attorneys are

responsible under the rules for preventing the disclosure of certain

confidential information in case filings. The clerk does not review case filings

for compliance or independently redact or seal noncomplying filings.

(d) Attorney Appearances.

An attorney appears in a case by (1) filing a written entry of appearance or

signed pleading or (2) personally appearing at a hearing. An attorney who

orally enters an appearance must promptly file and serve a written

appearance. A written appearance or pleading signed by an attorney must

show the attorney's bar number, office address, telephone number, fax

number, and e-mail address.

(e) Change of Address, Telephone, Fax, or E-Mail.

An attorney whose address, telephone number, fax number, or e-mail

address changes during a pending case must file and serve notice of the

change within 30 days.

(f) Withdrawal of Appearance.

An attorney of record may withdraw upon showing good cause, but is

relieved of duties to the court, the client, and opposing attorneys only after

(1) filing a motion to withdraw, (2) providing proof of service of the motion

on the client, and (3) obtaining the court's leave to withdraw.

(g) Proceedings by Persons Without an Attorney (Pro Se).

Unless stated otherwise, parties who proceed pro se are bound by and must

comply with all local and federal procedural rules.

(h) Attorney Appointments.

Any indigent pro se civil litigant may file a motion requesting appointment of

an attorney. If filed with an original complaint, the motion must be a separate

document. Attorneys are appointed under statute, court rule, or in the court's

discretion. If an appointed attorney moves to withdraw, the court may

appoint a substitute attorney. This rule does not limit the court's authority to

appoint an attorney on its own motion.

(i) Communication with Court.

Once an attorney is appointed or retained, all further documents and other

communications with the court must be submitted through the attorney,

unless the court permits otherwise. Any further pro se documents or other

communications submitted to the court may be (1) returned unfiled to the

sending party or (2) forwarded to the sending party's attorney.