NextGen CM/ECF – Citation Recognition Tips and Tricks

By Shelley Abel and Sarah Scholz

E-filing has improved the lives of lawyers everywhere. Traveling when that brief is due? You can file from the vacation house. Still fine-tuning after business hours? The court is always open! CM/ECF has been crucial for the expeditious filing of petitions and pleadings and for reducing paper record requirements for the federal courts. It has been good news for bankruptcy judges, too—they no longer accept petitions delivered to them at home, as multiple judges would do for chapter 11 emergency filings!

CM/ECF is upgrading to NextGen CM/ECF in federal courts across the country. As of October 2019, the bankruptcy courts in the Eastern and Western Districts of North Carolina have deployed NextGen CM/ECF. The Middle District of North Carolina has a projected go-live date in late spring or early summer 2020.

For external users, the only noticeable NextGen CM/ECF change may relate to “Central Sign-On,” a new feature that allows attorneys to maintain one filing account across all NextGen courts (appellate, district, and bankruptcy) and through all job transitions.

For internal court users, though, workflow improvements abound, including a feature known as “Citation Link.” Citation Link is a new NextGen enhancement available to judges and chambers staff to link directly from the filed pleadings to the citation sources.

We asked already: no, this feature is not available to practitioners, and there are no current plans to offer it to practitioners (sorry!).

How does Citation Link work? The system overlays a link, without modifying the original document in CM/ECF, that will open a new window to display referenced material—either using the user’s preferred legal research provider or from the docket.

Why does it matter for you, the attorney?  Your work product may fall flat if you fail to format your pleadings so that the Citation Link software works properly. And so, we are here to help!

The two types of citations recognized by Citation Link are: (1) published legal citations and (2) CM/ECF docket references.

For published legal citations, the Bluebook is your friend. Common citation formats will be recognized for federal and state statutes, cases, regulations, and rules of civil procedure and evidence. Pinpoint cites are recognized, taking the user directly to the appropriate page in the case. Long-term plans include adding Citation Link recognition capability for the local rules.

For CM/ECF docket references, you can link to CM/ECF documents including those filed:

  • on the docket in the same case,
  • as an attachment to a docket entry, and
  • in a different case (or as an attachment thereto) in the same court.

CM/ECF documents can be referenced by the following:

  • Document Number – Use the sequence number of the docket (i.e., “ECF No. 12” for docket entry no. 12); optionally, add a hyphen and an attachment number to reference an attachment (i.e., ECF 12-2 links to the 2nd attachment to docket entry no. 12);
  • Page Number (optional) – Specify a page number by following the docket number with the appropriate page number (e.g., “ECF 12-2, p. 3” will open to page 3 of the referenced docket entry); if no page number is specified, the document will open to page 1.
  • Case Number (optional) – Use the full case number, such as “1:12-bk-11648” or “1:13-ap-1121.” If no case number is given, it is assumed that a docket reference is for the current case.

In lieu of “ECF No.,” you can also use naming formats “Doc.” or “Dkt.” for docket references.

You can even prepare your pleading so that a link will be generated to the exhibits you attach. Simply upload your exhibits as individual attachments when filing in CM/ECF and use the “Description” field to assign exhibit numbers or letters consistent with the main document.

To get this . . .

. . . do this when filing:

Attorneys would be wise to adapt their style guides, citation formats, and exhibit-naming and filing conventions to comply with these new capabilities of NextGen CM/ECF.

While attorneys always have a duty to confirm their research is current, practitioners will have even more reason to review pleadings carefully and briefs for proper formatting of their citations and careful cite checks to be sure a decision has not been questioned or overturned. In other words, check that form motion you have been using for five years—because if you do not, chambers will!

Happy Filing!

Shelley Abel is the United States Bankrupcty Administrator for the Western District of North Carolina.

Sarah Scholz is a Bankruptcy Analyst with the United States Bankruptcy Administrator for the Western District of North Carolina.

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