E-Filing Criminal Duty Matters

  • What types of criminal duty matters are designated for the Pilot Project?

    Pursuant to General Order No. 19-01, criminal duty matters designated for the Pilot Project include all documents filed by the United States Attorney’s Office in criminal duty matters EXCEPT:

    • Complaints and other charging documents;
    • Affidavits re: Out-of-District Arrest Warrants filed under Federal Rule of Criminal Procedure 5(c)(3);
    • Documents filed concurrently with such charging documents or affidavits;
    • All Central Violations Bureau (“CVB”) matters; and
    • Any criminal duty matter handled by a district judge.

    Details regarding the Pilot Project can be found here.

  • Can a complaint and an application for a search warrant be submitted in paper format at the Criminal Intake window together because they're related?

    Yes.  Under General Order No. 19-01, documents filed concurrently with complaints MUST be filed together with the complaint in paper at the Clerk’s Office filing window.

  • When should an agent proceed to the chambers of the duty magistrate judge?

    An agent must not proceed to the chambers of the duty magistrate judge until the AUSA receives authorization by the MJ CRD or chambers staff.

  • How many copies should an agent bring to the duty magistrate judge when seeking to obtain a search/seizure warrant?

    The agent must bring two (2) copies (original and one copy) of the application and any other e-filed documents (e.g., Proposed Warrant, and if applicable, a completed Delayed-Notice Search Warrant Report (Form AO-95), Application for Leave to File Under Seal, and Proposed Order for Leave to File Under Seal).

  • Once I open a new criminal duty matter and obtain a case number, how long do I have to e-file my Application (case initiating document)?

    You must file your Application electronically within 2 business days to complete the opening of your new case. Otherwise, the case you just opened may be administratively closed.

  • Who can request and obtain from the Clerk's Office a certified copy of a sealed document that was e-filed in a criminal duty matter?

    A certified copy can only be provided to the attorney of record on the docket. Otherwise, a court order is required in accordance with Local Rule 79-7.

    To obtain a certified copy of a sealed document that was e-filed in a criminal duty matter under the Criminal Duty Matters Electronic Filing Pilot Project, the Assistant United States Attorney on the case must send a request to the appropriate email address below:

    The request must identify the case number and the name of the person who will be picking up the certified copy of the criminal duty matter filing from a Clerk's Office Records department. The person picking up a certified copy of the criminal duty matter filing must bring a copy of the email and their ID card so that the certified copy of the criminal duty matter filing can be given to the right person. A court order is required for anyone other than the Assistant United States Attorney on the case to obtain a certified copy of a sealed document that was e-filed in a criminal duty matter under the Criminal Duty Matters Electronic Filing Pilot Project. A court order is also required for anyone to obtain a certified copy of a sealed document filed in a criminal duty matter outside the scope of the Criminal Duty Matters Electronic Filing Pilot Project.

  • Do I need to enter the case number on all my e-filed documents?

    Yes, the case number you receive (e.g., 2:17-MJ-12345) during the case opening process must appear on all your e-filed documents. Immediately after opening your case, you must add your case number to the caption of all documents you intend to file in the case, before you upload any of those documents to the docket.

  • Which types of Application for an Order under 18 U.S.C. § 2703 can be e-filed pursuant to the Criminal Duty Matters E-Filing Pilot Project?

    All of them. Under General Order No. 19-01, any type of application filed under 18 U.S.C. § 2703 should be e-filed, unless filed concurrently with a charging document.

  • What should I do if I discover an error(s) in my e-filed document?

    If you notice the error immediately, and can quickly prepare and file an amended or corrected version of your document, you may do so. If you decide to re-file your document(s), use the appropriate CM/ECF events under the AUSA - Criminal Duty Matters category and select "Amended" or "Corrected" as the description from the drop-down menu in the system-delivered docket text.

    HOWEVER, DO NOT FILE A "NOTICE OF ERRATA" – AT LEAST UNTIL AFTER THE CLERK’S OFFICE HAS PERFORMED ITS INITIAL REVIEW OF THE CASE. For a brief time after filing, while your application will be sealed, your case will not. Only events in the AUSA - Criminal Duty Matters category will automatically seal documents filed when the case is first opened. If you e-file a Notice of Errata using the generic Notice of Errata event before the Clerk’s Office performs its initial review of the case – which is when the entire case will be sealed – the Notice of Errata will be available to the public.

    If you do not notice the error immediately, or cannot fix it immediately, wait until after the Clerk’s Office has performed its initial review of the case. Certain errors will result in the issuance of a Notice to Filer of Deficiencies and the administrative closure of the case. If your case is closed, do not re-file your corrected document in the closed case. Instead, open a new case electronically and e-file the correct document(s) with the new case number. Documents filed in administratively closed cases after the issuance of a Notice to Filer of Deficiencies will not be reviewed.

    If your case is not closed during the initial review process, then once Clerk’s Office staff have sealed the case, you may file either a Notice of Errata or an amended/corrected version of your document.

  • In some instances I need to send a search warrant application to a district judge instead of the duty magistrate judge. Should I follow the same e-filing procedure?

    No. If the district judge indicates the intent to review your search warrant application him- or herself, it must be presented for filing in paper format at the Criminal Intake window. The agent must notify the Criminal Intake clerk that the district judge assigned to a related criminal case has instructed that the search warrant application should be presented to that district judge instead of to a magistrate judge.

  • Can any member of the USAO access the CM/ECF AUSA - Criminal Duty Matters events to e-file the designated criminal duty matters documents with the court?

    No. Access to the CM/ECF AUSA - Criminal Duty Matters events is only available to AUSA CM/ECF users designated as Participating Filers. The USAO must give advance notice to the Clerk’s Office at ecf-helpdesk@cacd.uscourts.gov of the names of AUSA CM/ECF users who need access to the AUSA - Criminal Duty Matters events. To expedite processing of access requests, emails requesting access must originate from or copy Leo Martinez.

  • How do I add or remove an AUSA to a case?

    To add or remove an AUSA in a case, electronically file a Notice of Appearance or Withdrawal of Counsel (Form G-123). Only an AUSA previously granted access in a specific case can e-file a Notice of Appearance or Withdrawal of Counsel in that case.

  • What should I do if I discover there is a duplicate e-filing of the same case initiating document?

    The AUSA must e-file a notice to dismiss/terminate in one of the duplicate cases.

  • Should a returned search/seizure warrant be e-filed or filed in paper format at the Criminal Intake window?

    The returned search/seizure warrant must be e-filed if the case was initiated pursuant to the Criminal Duty Matters Electronic Filing Pilot Project (case opened on or after March 20, 2017).

    In cases that were initiated manually prior to the Criminal Duty Matters Electronic Filing Pilot Project (cases opened before March 20, 2017), the returned search/seizure warrant must be filed in paper format at the Criminal Intake window.

  • What if I have a technical issue or problem during the e-filing process?

    The Court’s CM/ECF Helpdesk is available via telephone or e-mail Monday - Friday from 8:00 a.m. to 5:00 p.m.

    The phone number is: (213) 894-0242

    The email address is ecf-helpdesk@cacd.uscourts.gov

  • What should I do if an Application is denied?

    Generally, amended or revised versions of previously filed Applications should be electronically filed under the same case number, whether or not the previous Application was formally denied, unless the judge directs otherwise. If you are not sure how to proceed, please check with the judge's CRD.

  • For a search warrant application, should the notification email include a Word cover sheet and affidavit in one attachment?

    No. Under General Order No. 19-01, it is generally not necessary to attach any documents to the notice email. However, you should check your judge’s Procedures and Schedules. If your judge requires that copies be emailed, the warrant and application should be emailed to chambers as flattened, single PDF documents. First, you would send one flattened (not fillable) PDF document that includes the warrant, attachments A and B, and the affidavit, if appropriate. Second, you would send one that has the application, attachments A & B, and the affidavit. This would be done instead of sending chambers the face page as one document and the affidavit as a different one. A sealing application and proposed order must also be sent as flattened PDF documents.