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10-04-01 Administrative Policies and Procedures for Electronic Filing in Civil and CriminalCases Requesting Comments, Responses by US Administrative Office of the Courts.United States District Court, Western District of Texas, Revised April 1, 2010
Comments:1. Generally, the document resembles "Users Manuals", which were issued in some courts, but not others.Review of such manuals from various US district courts was one of the main sources for my investigationof PACER and CM/ECF, which led to the opinion that the systems is large scale fraud on the People.2. In no way can Users Manuals, or in this case, the unsigned "Administrative Policies and Procedures forElectronic Filing in Civil and Criminal Cases" substitute for laws enacted by the US congress or Rules of Court, established pursuant to the
Rules Making Enabling Act
in creating new federal rules of electroniccourts
As one can readily figure out from this short document, it overhauled court procedures, which forcenturies were the core of Due Process, and which were enacted in
Federal Rules of Civil Procedure
Federal Rules of Criminal procedure
.3. The most interesting parts in this document are the following three:
a) Page 9:
e. Traditionally Filed documents must be served in accordance with Rule 5, FEDERALRULES OF CIVIL PROCEDURE, Rule 49, FEDERAL RULES OF CRIMINAL PROCEDURE,and Local Court Rules CV-5(b)(2) and CR-49(a). (Note: Although a NEF will begenerated for Traditionally Filed documents that are scanned by the Clerk, the NEFdoes not constitute service of Traditionally Filed documents.)
This passage makes it clear that records, which are submitted by
filers are subject to electronicfiling, with the clerk acting as mediator. NEF is issued for such records. Many
filers, not bychance, are under the perception that their cases are conducted outside of the electronic filing proceduresof the US courts.
b) Page 11 [underline added-jz]:
b. The transmission of a NEF constitutes entry on the docket pursuant to Rules 58 and79, FEDERAL RULES OF CIVIL PROCEDURE, and Rules 49 and 55, FEDERAL RULES OFCRIMINAL PROCEDURE.
This is a unique paragraph, the like of it I have never seen anywhere else, although I always claimed thesame:Under paper administration of the courts, the clerk had to stamp a paper record "ENTERED" and sign iton its face, for the record to become part of the public records in a given court file (in contrast with the"FILED" stamp, which only indicates that a record was received by the office of the clerk".This paragraph explicitly states that today the "
NEF constitutes entry
". That means that if no NEF wasissued on a record, regarding of any stamps that may appear on a paper copy of the record, the record infact is not entered (and that includes orders and judgments). This is a major point, which the US Courtsmanaged to make vague and ambiguous.