Information for Criminal Litigation Bar
Posted 06/11/09

This information is to notify you of new events that have been added to the CM/ECF system. These new events have enhanced functionality and are in our criminal cases:

Sentencing Memorandum (Sealed)
Sealed Rule 11(Sealed)
Sealed Presentence Investigation Report
Sealed Statement of Reasons
Objection to Presentence Investigation Report (sealed)

Sealed Sentencing Recommendation (only the Court and court staff will be able to view this document)

These events now allow: the specific party involved with the filing, the US Attorney's Office and Probation, to access the event. Co-defendant's attorney or the general public will not be able to see the documents.

Here is an example of how it works in a case with the following parties:

Attorney 1 represents John Doe
Attorney 2 represents Jane Deer
Attorney 3 represents the US Attorney Office
*Probation now appears in all criminal cases as an "Interested Party"

Now, when Attorney 3 files a Sealed Rule 11 letter with an attachment of the Plea Agreement as to Jane Deer, the system will prompt Attorney 3 to select the parties the document applies to (Applicable Parties). On this screen Attorney 3 will select the applicable parties who should be allowed to see the document.
(The Court has access to all documents and need not be selected)

Once the filing is completed, Attorney 2 for Jane Deer, the US Attorney Office, and Probation will be the only parties able to view the document (all parties, including Attorney 1, will get notice the document was filed).

If Attorney 1 for John Doe tries to look at the document, he/she will get a message stating he/she does not have rights to access the document.

We have tried to add prompts in these types of events to help you. For instance. if you want to object to a PSR, there will be instructions added (by Probation) as an attachment to the PSR to help you when filing.

Please be AWARE: If you are an attorney involved or "Applicable Party" to these documents, you can now go out and get a copy of the document. As with all electronic filings, service will be affected as of the file date for ECF attorneys.

If you have any questions feel free to call our offices or email us at: