GENERAL

INFO.

 

You will be able to set some deadlines while filing pleadings in CM/ECF.

 

Many pleadings only require that “Notice” of the pleading be given as well as the “Opportunity” for other parties to file objections and to request a hearing.  The legal community refers to this as the  “Notice and Opportunity” deadline.  CM/ECF refers to this as the “Last Day to File Objections” deadline.

 

Since our judges generally prefer motions and applications to be filed using notice and opportunity, often, you, as the attorney filing the pleading, will only need to set a “Last Day to File Objections” deadline instead of setting a hearing.

 

While it won’t be common, with some pleadings, in certain cases, it may be necessary for you, as attorney, to set a hearing date on which the original pleading and any responsive pleadings will be heard.

 

PRACTICE CHANGE NOTE:  In the past, the notice in your pleading sometimes contained both an objection deadline and the date that objections (if filed) would be heard.  Now, the notice in your pleading should contain a deadline by which objections should be filed, or it should contain a date that the pleading and any responses will be heard.  It should not contain both.

 

 

 

CM/ECF

SCHEDULE

RECORD

BEHAVIOR

 

If a deadline or hearing screen displays with a “proposed” date, time, or location, the proposed date, time or location will be accepted if the user clicks the  button.

 

If you do not want to establish the proposed schedule record, you
must delete or make changes to revise the proposed date, time and/or location before you go to the next screen.

 

 

 

WARNING

MESSAGE

RE: HEARINGS

 

Immediately prior to getting the “Hearing” and/or “Last day to file Objections” screen, the following message will usually display.

 

 

This message is to remind users of the way CM/ECF schedule records behave.  This message reminds you that if you are setting a hearing date, time and location, you need to delete the  “Last day to file Objections” deadline which is proposed.

 

 

 

HEARING

AND/OR

NOTICE

AND

OPPOR-

TUNITY

DEADLINE

SCREEN

 

The screen shown below is the “Hearing” and/or “Last day to file Objections” deadline screen.

 

 

 

 

SETTING

A

HEARING

 

Enter the “Hearing Date” as follows mm/dd/yyyy.

 

Enter the time in the usual manner, using the colon.  For example “2:00” (without the quote marks) for a two o’clock hearing.  You do not need to enter a preliminary zero for single digit times, but you may.  For example, “02:00” would not be necessary, but could be used.

 

Do not use military time.  Instead, click the round circle by either “AM” or “PM” to select it.

 

Use the  arrow next to the “Location” field to see all the possible hearing locations.  Using your mouse, click on the correct hearing location to select it.

 

REMEMBER to click in the “Last day to file Objections” field and delete the proposed date if you are setting a hearing.

 

 

 

HEARING

LOCATIONS

 

The following list shows the hearing locations currently available.

 

 

 

 

PROVIDING

NOTICE

AND OPPOR-

TUNITY

 

Leave the “Hearing Date”, “Time”, and “Location” fields blank.

 

Compare the proposed deadline date to the date that you listed in the notice in your pleading.  THEY SHOULD MATCH !

 

The date for “Last day to file Objections” that displays is normally the correct number of days that must be allowed according to the Fed. R. of Bk. Procedure or 11 USC for the type of pleading that you are filing.

 

If the date in your pleading’s notice section allows the parties more time, you would need to change the proposed date. 

 

If the date in your pleading’s notice section shortens the time for parties to file objections, you may need to logout and change the notice in your pleading to give the parties the number of days that the law requires.  If you have an order allowing you to shorten the deadline, you would need to change the proposed date.

 

If you need to change the proposed date, enter the new date as follows mm/dd/yyyy.

 

 

 

CLOSED

DATE

MESSAGE

 

If you fill in a date field with a date when the court is closed, the following message will display.

 

 

Simply click the  button or the  button to close the message and change the date to the following business day.

 

 

 

CALENDAR

OPTION

 

If using Netscape 4.7, you can also click on the  button if you need to enter a hearing date or change a default deadline date, and a box similar to the example shown below is displayed to help you choose a new date.

 

 

Clicking the drop down arrow next to the month gives you a list of months to choose from.

 

Clicking the  button takes you forward one month at a time.

Clicking the  button takes you backward one month at a time.

Clicking the  button takes you forward one year at a time.

Clicking the  button takes you backward one year at a time.

 

Clicking the  button will cause today’s date to be enclosed with a dashed line.

 

Once you have navigated to the month and year you wish to use, clicking on a date in the calendar will close the calendar window and will automatically insert that date into the date field.

 

 

 

OTHER KINDS OF

DEADLINES

 

“Amendments Due”, “Incomplete Filings Due”, “Last Day to File Proofs of Claim”, “Last Day to Object to Confirmation”, and “Ballots Due” are other deadlines that you will see, but not create, in CM/ECF.  These deadlines will be added to the cases (when appropriate) by court staff.

 

There are other deadlines set in CM/ECF, but the deadlines shown or mentioned above are the most common deadlines.

 

 

 

FINAL

STEP

 

Click the  button, after filling in the hearing date, time and location or deadline date to continue filing your pleading.