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Electronic Access in the Fifth Circuit Kenneth Russo, Clerk’s Office U.S. Court of Appeals, 5 th Circuit.

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Presentation on theme: "Electronic Access in the Fifth Circuit Kenneth Russo, Clerk’s Office U.S. Court of Appeals, 5 th Circuit."— Presentation transcript:

1 Electronic Access in the Fifth Circuit Kenneth Russo, Clerk’s Office U.S. Court of Appeals, 5 th Circuit

2 Agenda  Citation Recognition and the Federal Judiciary  Electronic Records in the 5 th Circuit  Electronic Documents and the iPad  Moving Forward





7 Citation Recognition: How it works  System automatically recognizes new documents and retrieves them for citation recognition  Stores data about the citations that can later be used to create an overlay of hyperlinks when a document is retrieved  The original document in CM/ECF is not modified.  As the citation definitions are enhanced the citations recognized for documents are enhanced.

8 Search Engine Agnostic  Westlaw Classic/Next  Lexis  Google Scholar/Google  Bing  Yahoo  In the future: Casemaker, Fastcase, Lexis Advanced

9 Citations currently recognized  Cases from the various federal reporters  Major federal statutes and rules  Statutes from Texas, Louisiana and Mississippi (and assorted other states)  5 th Circuit Rules  Sentencing guidelines (albeit points to current set on Westlaw)  Record on Appeal Citations  CM/ECF Document Citations!

10 Courts using the engine  Alabama Southern District  Kansas District and Bankruptcy  Louisiana Western District  Missouri Western District and Bankruptcy  Northern Carolina Middle District  Texas Northern District, Texas Southern District and Bankruptcy  West Virginia Northern Bankruptcy  Third Circuit Court of Appeals  Fifth Circuit Court of Appeals  Undergoing testing in a number of other courts.  Is now embedded within Next-Gen for Appellate, District/Bankruptcy will be done next.

11 Electronic Record  Goals:  Improve means by which court attorneys can access record.  Reduced costs to circuit




15 Electronic Records  To date 6,029 electronic records have been created.  5.5+ million pages  35,000+ volumes  24 electronic records have been printed.  Estimated savings across the circuit of at least a quarter million dollars, or roughly 10 FTEs at the national average.

16 Electronic Record cont.  5 th Circuit District Courts requested we reduce the number of paper records required.  In response we created a new, electronic ROA system (hereinafter Eroa).  We continue to retrieve all documents for the record.  Documents are automatically categorized according to subject matter (e.g. pleadings, transcripts, sealed documents, etc).  All pages in the electronic record are uniquely stamped; supplemental filings no longer start at page 1.  We passed a local rule this fall requiring attorneys to follow a new citation format: ROA.### where ### is the page number.

17 Record Citations  ROA.123 – page 123 in the current case  ROA – page 123 in case  ROA.12, 15-19, 350 – links to pages 12, 15 and 350

18 ECF Document Citations  ECF 17 – link to page 1 of document 17  ECF 17-2 – link to page 1 of document 17, 2 nd document  ECF 17,5 – link to page 5 of document 17  ECF 17, 5, 10 – links to pages 5 and 10 of document 17  ECF ,17 – link to page 1, doc 17, case

19 Hereinafter  An experimental mechanism for appellate brief citations that respect the brief page number (as opposed to the PDF page number).  Format: ECF docNum [hereinafter newDesignation]  Eg. ECF 15 [hereinafter Appellant’s Brief]

20 Cims4iPad  Custom application developed for 5 th Circuit  Enables seamless access to pending matters, case documents and information, and, of course, the electronic record.  The embedded PDF viewer has extensive annotation support as well as understanding of the various citation hyperlinks including support for Westlaw, Lexis, and the electronic record (EROA).















35 Coming Soon  Electronic delivery of records to attorneys via CM/ECF  Not PACER  Free download  Record volumes will be tied to attorney CM/ECF accounts  Links to records are good only for the specific attorney  Live: January, 2015

36 Coming Soon cont.  CM/ECF Document Citations for Attorney use  Code is written for district  Ready for a court to pull the trigger and turn them on

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