Make Your Filings Text Searchable in the Second Circuit

Local Rule 25.1 on Case Management and Electronic Case Filing for the Court of Appeals for the Second Circuit states in subsection 3 that, "A PDF must be text-searchable. A PDF need not include a manual signature.".

The Second Circuit is not kidding either. If you fail to make all of your exhibits to a declaration text searchable, expect to receive a Notice of Defective Filing the next morning, with this instruction:

"Please cure the defect(s) and resubmit the document, with the required copies if necessary, no later than [THE SAME DAY OF THE FILING!]. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect(s) by the date set forth above will result in the document being stricken. An appellant's failure to cure a defective filing may result in the dismissal of the appeal." See the example posted here.

See the Tip of the Night for May 18, 2015, for an automated way to find which PDFs in a large set are not text searchable.

E-Filing in S.D.N.Y.

On March 7, 2017, the U.S. District Court for the Southern District of New York updated its Electronic Case Filing Rules & Instructions. The rules specify that any exhibits to a filing, must be filed as an attachment. Rule 13.3 specifically prohibits inserting exhibits behind the main filing in the same PDF. It also specifies a format of the exhibit names:

NOTICE OF REMOVAL (Attachments: #1 State Court Complaint, #2 State Court Summons)

This should really save all of us who have spent hours parsing through PACER docket entries and filings a lot of trouble. If exhibits are listed in a consistent format on PACER dockets it will be easier (and cheaper to search for documents). I have spent a lot of time hunting through summary judgment declaration exhibits for particular expert reports and deposition transcripts. With the rules now stating that, "[e]ach attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear." it should be easy to find what you're looking for.

The new rule will also make it easier to parse through multiple files, easily adding an exhibit number and description different columns on a spreadsheet.

New E-Filing Protocol

Suffolk County in New York State (the easternmost county on Long Island) recently issued a new protocol for electronic filing which can be found here. Electronic filing is mandatory in the county. In order to file, attorneys have to log into the New York State Courts Electronic Filing System here. Parties not represented by an attorney are exempted. The protocol makes provisions for cases commenced in hard copy form to be converted to electronic filing. The protocol specifically states that the County Clerk may reject filings submitted in hard copy which are not subject to any exemptions. Documents are not deemed officially filed until the filing fee has been paid.

Filers are made responsible for the disclosure of any personal confidential information. The NYSCEF has a special 'Refile This Document' link for filings which are being re-submitted. The county clerk is specifically barred from printing working copies of electronically filed documents. Exhibits have to be uploaded as separate PDFs. Discovery materials cannot be filed electronically. When filing documents for a judgment, the proposed judgment, Bill of Costs, Judgment Creditor Affidavit, Stipulation of Discontinuance, General Release and Proof of Tender must be submitted as separate PDFs.