How are electronic documents served?
When the clerk’s office accepts a document for filing, the electronic filing system automatically emails a notice to all counsel that the document has been filed and is available on the court’s electronic filing system. This notice is considered valid and effective service of the document on counsel and has the same legal effect as service of a paper document.
Attorneys of record and parties in a case (including pro se litigants) receive one free electronic copy of all documents filed electronically if receipt is required by law or directed by the filer. An email message containing a hyperlink to the document filed provides notification to the intended recipients. All users should be advised to print or save the document during the initial viewing period in order to avoid future charges. Any time that same hyperlink is accessed after the first use, the user will be asked for a PACER login and will be charged to view the document.
In most filings, the CM/ECF system generates a Notice of Electronic Filing (in district and bankruptcy cases) or a Notice of Docket Activity (in appellate cases) — an email message containing a hyperlink to the document filed — whenever a document is filed with the court. It is up to individual courts whether this Notice can be used to serve parties. Most courts are permitting this.
