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Third-Party Services and Access in CM/ECF

Tuesday, July 18, 2023

Attorney filers and case participants who use third-party services (e.g., PacerPro, DocketBird, RECAP) to collect and organize case filings must take steps to ensure that the third-party service does not gain access to sensitive information or restricted or sealed documents. Sharing CM/ECF credentials or designating such services as a secondary recipient of Notices of Electronic Filing (NEFs) can result in the service having unauthorized access to documents, which could also be sold or republished in violation of court ordered restrictions.

To avoid inappropriate dissemination of restricted information, filers and case participants should:

  • Be mindful of their obligations to maintain the confidentiality of sensitive information, restricted documents, and documents filed under seal.
  • Be cautious when using third-party services and software.
  • Not directly link third-party services or software to their PACER accounts.
  • Be mindful of whom they list as secondary NEF recipients and ensure that third-party services cannot access restricted or sealed documents.