Frequently Asked Questions
Select a frequently asked question category on the left or search for a FAQ using the "Search this Site" box above.
How do I substitute an attorney from the same law firm on a case?
Local rule 1.4. provides in pertinent part that an" attorney who has appeared as attorney of record for a party may be relieved or displaced only by an order of the Court . . . ." Accordingly, court approval is needed to substitute one attorney for another attorney who has appeared, even if from the same law firm (because individual attorneys, not law firms, appear as counsel of record). In many instances where one attorney at a firm is being removed while one or more other attorneys at the same firm continue to represent a party, a simply letter motion to the magistrate judge explaining why the attorney should be removed (e.g., has left the firm) is sufficient.
I am trying to file something under seal but I am receiving an error message SortDPF Failed what am I doing wrong?
Click here to review the sealed filing instructions for civil and criminal.
I am a registered attorney and I would like to be notified of case activity in a case I am not appearing on, how do I go about that?If a registered attorney wishes to be notified of case activity in a case they are not appearing on, the attorney may send a request with their full name, ecf account login ID, and the casenumber(s) to: email@example.com.
What is the format for entering a dollar demand?
Demand ($000): Enter the dollar amount to the nearest thousand with no punctuation. That is, if the complaint asserts damages in the amount of $75,000, enter “75”; if the complaint asserts damages in the amount of $5,000,000 enter “5000”. The smallest amount which can be entered is “1” (for $1,000.00). Round up or down as needed to the nearest thousand (e.g., $750.00 = 1; $1,498.56 = 1; $25,501.99 = 26). If no specific dollar amount is demanded in the complaint, leave this field blank.
How do I go about requesting a refund of fees paid electronically on CM/ECF?
You will need to file a Motion for Refund of Fees Paid Electronically with the court.
Does the Court allow the electronic filing of audio files?
No, not at this time.
How do I add parties to case I am opening?
See pages (8 and the Appendix) of the attorney case opening manual for that information.
How do I know which fee status to select?
There are seven choices in this drop-down menu. However, only four of them will be used by attorneys during the electronic case-opening process.
If you plan to pay filing fees online with a credit card through pay.gov at the time of filing, select “pd (Fee Paid)”;
if you are filing an action on behalf of the United States, select “none (no fee required)”;
if you are filing an action in which the fee is waived by statute, select “wv (Fee Waived)”;
if you are filing a motion to proceed informa pauperis, select “IFP Pending”.
How do I know which office code to select?The “Office” drop-down menu provides choices to past and present divisions of the Eastern District.• Brooklyn• Central Islip
[DO NOT select Hauppauge or Uniondale]
The appropriate division for your case is determined by the Court’s Division of Business Rule. (Local Rule 50.1). You may not choose a division based on your personal preference; you must select the division based on your answers to Division of Business questions on Page 2 of the Civil Cover Sheet.
• If you answered (1) “yes” to questions 1 or 2(a) OR (2) “no” to question 2(b) and defendant resides in Nassau or Suffolk County, then select Central Islip from the drop-down menu.• For all other cases - select Brooklyn.
Once you have made your selections for “Office” and “Case Type”; click “Next”.
Who may file using CM/ECF attorney case opening?Effective February 3, 2014, attorneys may electronically open and file civil cases in CM/ECF if the following conditions are met:(1) The attorney has a valid CM/ECF login and password issued by the Eastern District of New York.(2) One of the following is true:• All filing fees will be paid online with a credit card through pay.gov; or• No filing fee is required (i.e., cases filed by the U.S. government or exempted by statute).(3) The attorney is a member of the EDNY bar.(4) No motion for a temporary restraining order or order to show cause accompanies the initiating document.