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10-01-03 Notice of Electronic Filing (NEF) - First Amendment & CMSs - Review

10-01-03 Notice of Electronic Filing (NEF) - First Amendment & CMSs - Review

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NEF - Notice of Electronic Filing is the instrument designed by the Administrative Office of the United States Courts for authentication of court records by the clerk.
Implementation of the NEFs as electronic certificates of authentication/attestation by the Clerk is claimed as central to undermining the integrity of the US court records, and Deprivation of Rights Under the Color of Law.
____
See also:
[1] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
NEF - Notice of Electronic Filing is the instrument designed by the Administrative Office of the United States Courts for authentication of court records by the clerk.
Implementation of the NEFs as electronic certificates of authentication/attestation by the Clerk is claimed as central to undermining the integrity of the US court records, and Deprivation of Rights Under the Color of Law.
____
See also:
[1] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/

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categoriesTypes, Research, Law
Published by: Human Rights Alert, NGO on Jan 04, 2010
Copyright:Attribution Non-commercial

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10/18/2012

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Dr ZDr ZDr ZDr Z
Joseph Zernik, PhDPO Box 526, La Verne, CA 91750; Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog:
http://inproperinla.blogspot.com/
 Scribd: 
http://www.scribd.com/Free_the_Rampart_FIPs
 
10-01-01 Notice of Electronic Filing (NEF) at the United States Court
 
Notice of Electronic Filing (NEF)
 
Notice of Electronic Filing (NEF)
is part of the system established by the
 
 Administrative Office of the United States Courts through the dual docketing
 
and accesssystems of PACER & CM/ECF.[1] The NEF provides the
 
authentication of the service of anelectronically-filed pleading or other filing by 
 
parties, or of service of the electronically-filedorders and judgments of the
 
courts, upon attorneys in the case who have been permitted by thecourt to
 
participate in electronic filing in CM/ECF. Therefore, for such parties, theNEF
 
replaced the traditional certificate of service or proof of service. Likewise, the
 
graphichand-signatures in traditional certificates of service were replaced in
 
NEFs by digitalsignatures, which visibly appear as RSA encrypted
 
alphanumeric strings. Therefore, an NEF bearing a valid RSA-encryption is
 
today the critical instrument, which provides theauthentication of court papers
 
as such that should be given "full faith and credit".[2] Albeit,access to this critical
 
instrument is restricted only to those permitted access to CM/ECF in agiven case, in a given district court.
 
Contents
 
1 Sources of information2 Authority in implementation3 Perspectives4 References5 External links
 
Figure 1Figure 1Figure 1Figure 1:
NEF including a digital signature,encrypted as an RSA alphanumeric string (inred rectangle), U.S. Court, Eastern District ofCalifornia, 2004
 
 
PagePagePagePage 2/8 JanuaryJanuaryJanuaryJanuary 03030303,,,, 2010201020102010
Sources of information
 
The central source for information regarding NEFs remains in CM/ECFmanuals.[3][4][5][6] For example, the most explicit definition of the power and effect of NEFin the Central District of California, one of the most populous in the U.S., including Los Angeles County, remained in the "Unofficial Manual" of CM/ECF as follows (Rev 07, 2008,page 13):[3]
 
L. The Notice of Electronic Filing
 The system will present you with a Notice ofElectronic Filing (“NEF”) screen and will also e-mail you a copy of the NEF. The Notice ofElectronic Filing (“NEF”) is your proof that thedocument has been E-Filed. You should print thescreen to a piece of paper or a PDF (or both)before proceeding, because you will needto attach the NEF as the last page of thecourtesy copy that you submit to the Court. TheNEF includes a “document number” and a link.Be sure to note that document number, as youwill need it if you need to email a proposed orderto the Court. The NEF also includes an“Electronic Document Stamp” which is a string ofletters and numbers which Court staff can use toverify the authenticity of the NEF. The NEF alsocontains the path and file name of the documentyou uploaded and any attachments. 
The other source of information regarding the NEF at the Central District of California was in General Order 08-02, which was posted on the U.S. DistrictCourt's web site, albeit - an unsigned order, with no name of its author, and with no
FiFiFiFigure 2:gure 2:gure 2:gure 2:
 
NEF with no RSA encrypteddigital signature, U.S. District Court, Alabama,2008
.
 
 
PagePagePagePage 3/8 JanuaryJanuaryJanuaryJanuary 03030303,,,, 2010201020102010
authentication.[7]
 
Such order stated (page 6):
 
I. Authorization.
Pursuant to Federal Rules ofCivil Procedure 5(d)(2)(3) and 83, the courthereby authorizes and establishes operatingrules for the electronic filing of pleadings andpapers.
 
However, operating rules of the court required establishment pursuant to RuleMaking Enabling Act, not a General Order.
 
Critical definitions were provided in such order (page 7):
 
II. Definitions.
The following definitions shall apply to these rules regarding electronicfiling:A. “CM/ECF System” refers to the automated Case Management/Electronic Case Filingsystem implemented by the court. The CM/ECF system stores case files in adatabase, and documents are filed electronically, to the extent possible. TheCM/ECF system is available athttps://ecf.cacd.uscourts.gov.B. “CM/ECF Website” refers to the court’s CM/ECF website that provides pertinentinformation regarding the CM/ECF system. The CM/ECF website is available atwww.cacd.uscourts.gov/cmecf.C. “CM/ECF Registration” refers to registering with the United States District Court,Central District of California, to file documents electronically through the CM/ECFsystem. Registration is completed on-line through the CM/ECF website. Uponthe completion of CM/ECF Registration, a CM/ECF login and password is provided.
 
Figure 3:Figure 3:Figure 3:Figure 3:
 
Traditional Certificate of Service,by a pro se filer, US District Court, Vermont,2009
.
 

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