Do not assume an outage gives you more time. First determine whether the court’s filing system, the records-access system, or only your own connection is failing. Save the court’s outage notice and your error details, call the clerk’s office using the number on the court’s official site, and use only the emergency method the clerk or a published outage order authorizes. Depending on the court, that method may be emergency email, fax, paper delivery, or an after-hours procedure. Ask how the submission will be timestamped and whether you must upload the same document after service is restored.
For federal cases, PACER and CM/ECF are different services: PACER provides public access to docket information, while CM/ECF is the court’s electronic case-file and filing system. An outage in one does not necessarily disable the other. State courts may use entirely different portals and rules.
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Identify exactly what is unavailable
“The court website is down” can describe several different failures. The remedy depends on which service is unavailable and whether the problem is at the court or on the filer’s side.
CM/ECF or another e-filing portal
CM/ECF is the federal court system used to maintain electronic case files and accept electronic filings. A state trial court may use a separate e-filing portal. If the portal rejects a document, will not load, or returns a maintenance message, capture the full message and the time shown on your device.
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PACER or another records-access service
PACER is the federal public-access system for viewing docket information and obtaining documents. PACER retrieval and CM/ECF filing are related but distinct. A filing outage may leave PACER available, and a PACER problem may not prevent a filing through CM/ECF. Test each service separately when you need both a record and a filing.
Your own equipment or connection
A failed browser, local network, scanner, PDF program, login credential, or internet connection may not qualify as a court technical failure. Try a different browser or network only long enough to establish whether the problem follows your device. Do not spend the entire deadline troubleshooting while assuming the court will excuse the delay.
What to do in the first 15 minutes
- Try the court portal and records system. Attempt the filing portal and, in a federal matter, PACER. Record the exact error text, the date and time, the case number, and the document you were trying to submit.
- Check the court’s homepage and outage page. Courts commonly post maintenance or outage notices there. PACER advises that courts post notices when CM/ECF is unavailable. Save the notice as a PDF and take screenshots showing the notice, its posting time, and any stated outage window.
- Call the clerk’s office. Use the published telephone number, not an unverified number from a search result or old email. Ask whether the court has formally declared an outage, which emergency channels are authorized, when they open and close, and how the court will assign a filing date and time. The Fourth Circuit’s emergency-filing direction is to contact the clerk for assistance.
- Write down the instructions. Note the clerk’s name or extension, the time of the call, the authorized address or delivery location, attachment limits, payment instructions, and whether a later electronic filing is required. If the clerk gives oral instructions, ask whether the same procedure appears in an official notice or local rule.
- Prepare the submission as if it will be docketed. Use the correct caption, case number, document title, signature, exhibits, proposed order, certificate of service, and any required filing fee or fee-waiver request. Keep an untouched copy of the final PDF before sending it.
How to protect a deadline
An outage does not automatically extend a filing deadline. The Federal Circuit expressly states that filing deadlines are not automatically extended unless a notice specifically says so. Other courts may issue an outage order, allow a motion for leave to file out of time, or provide relief under a local rule, but those options are court-specific.
Ask three deadline questions
- Has the court issued an order or notice changing this particular deadline?
- If not, what emergency submission will preserve the original due date?
- If the authorized method is unavailable or rejected, what motion or declaration should accompany a later filing?
Do not wait for a general announcement if your deadline is imminent. Tell the clerk the exact due date and ask how the court will treat a submission made during the outage. A clerk’s instruction about an emergency email address, fax number, paper intake, or after-hours mailbox is more reliable than an assumption based on another court’s practice.
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When a late-filing motion may be needed
If you cannot use an approved channel before the deadline, file the document as soon as the system returns and ask the clerk whether a motion for leave to file out of time, a motion for relief, or a declaration describing the outage is required. Attach your saved outage notice, screenshots, error messages, call notes, email headers, delivery receipts, and any payment record. Explain the timeline precisely rather than asserting that “the website was down.” The judge, not the filer, decides whether the rule permits relief.
Emergency filing methods: what each one requires
Use an alternative only when the court has expressly authorized it for the relevant outage period. The following methods are common examples, not a universal menu.
| Method | When it may be valid | Timestamp and proof | Limits to confirm | After restoration |
|---|---|---|---|---|
| Emergency email | Only during the window stated in the court’s official outage notice or local procedure | Preserve the sent message, complete headers, attachments, and any auto-reply; ask when receipt becomes the filing time | Authorized address, business or after-hours hours, attachment size, file format, payment, service, and sealed-document handling | The court may require prompt CM/ECF filing and a reference to the emergency email |
| Fax | When the clerk specifically directs fax transmission | Keep the transmission report and the exact pages sent; confirm whether the report proves receipt or only transmission | Page count, legibility, cover sheet, payment, exhibits, and whether fax is accepted after hours | Ask whether an electronic copy must be uploaded |
| Paper filing | When the court permits paper because electronic filing is technically impossible | Obtain a file-stamped copy, receipt, or other clerk acknowledgment and record delivery time | Intake location, hours, copies, fees, service, exhibits, and sealed or restricted papers | The Eastern District of California instructs that the paper should be annotated to explain that electronic filing was technically impossible and then e-filed as soon as possible |
| After-hours delivery or phone procedure | Only if an outage notice or clerk gives a specific after-hours process | Follow the stated method exactly and preserve call logs, voicemail, courier, or mailbox proof | Who may use it, cutoff time, acceptable media, payment, and when staff will retrieve it | Confirm the docket entry and file-stamped date when staff returns |
Emergency email
Email is not automatically a filing. The District of Oregon’s CM/ECF-outage procedure permits registered users to email emergency filings during the declared outage window and warns that documents sent outside that window will not be docketed. That warning illustrates why the exact start and end time matter. Use the address and subject format in the official notice, send from the account the court recognizes, and request a receipt if the procedure provides one.
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Paper submission
Paper can preserve a deadline when the court authorizes it, but simply leaving papers at a courthouse does not guarantee a filing date. Ask where to deliver them, whether the clerk is accepting filings, how many copies are required, how to handle exhibits, and how to obtain a file-stamped receipt. The Eastern District of California’s procedure is an example of a court requiring an explanation that electronic filing was technically impossible and a later electronic filing once the system works.
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Fax or other channels
Some courts may direct filers to fax, an after-hours mailbox, or a designated telephone procedure. Treat these as valid only when identified by the court. A fax confirmation can show that your machine transmitted pages, but it may not establish that the clerk received a complete, legible filing. Ask what additional proof the court wants.
Prepare the document and proof package
Before sending an emergency filing, make a package that can be matched to the eventual docket entry.
- Final document: Save the exact PDF sent, including the caption, signature, exhibits, proposed order, and certificate of service.
- Case identifiers: Include the court, division, case number, party names, and document title in the filename and cover message if the procedure permits.
- Outage evidence: Preserve screenshots, downloaded notices, error messages, browser timestamps, and a short chronology of each attempt.
- Delivery evidence: Keep email headers, sent-folder records, server receipts, fax reports, courier tracking, clerk receipts, and payment confirmations.
- Service evidence: Retain the certificate of service and proof that all required parties received the emergency submission.
- Version control: Do not alter the emergency PDF before later uploading it. If a correction is necessary, label the corrected document and explain the change.
Ask the clerk how to connect the emergency submission to the later electronic entry. The docket may require a notation such as “submitted by emergency email during CM/ECF outage,” a new filing event, or an attached declaration.
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Getting docket information and copies while a site is unavailable
Use PACER when it is operating
For a federal case, try PACER even when CM/ECF filing is unavailable. Search by the court and case number, open the docket, and save the entries or documents you need. PACER access does not authorize you to file a document; it is a retrieval service.
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Ask the clerk for in-person access
If online retrieval fails, ask whether the courthouse has public terminals, printed docket sheets, or a direct record-request process. An official Oklahoma federal court guide describes scanning and e-filing from a public scanning terminal in the clerk’s office. That is a court-specific facility, not a guarantee that every courthouse offers the same equipment.
Request copies directly
Tell the clerk whether you need a docket sheet, a filed document, a certified copy, or a record subject to access restrictions. Ask about identification, fees, processing time, copy limits, and whether the request can be made by mail, email, or in person. Sealed, restricted, and access-controlled documents may require direct clerk assistance and may not be available from a public terminal.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Sealed, restricted, and oversized documents
Do not send a sealed or restricted document to a general emergency email address unless the court’s notice specifically permits that treatment. Ask for the approved secure method, physical-delivery instructions, encryption requirements, or separate clerk contact. Confirm whether exhibits containing personal identifiers must be redacted.
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Large attachments create a separate failure risk. Before sending, ask about the maximum message size, accepted PDF format, color or scan resolution, naming rules, and whether exhibits must be split. If the court permits multiple messages, label them sequentially and state the total number of parts. Keep each sent message and its attachment list.
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After the system comes back
- Check the official restoration notice. Note the time the court says normal filing resumed; do not rely only on your browser loading again.
- Follow the court’s re-filing instruction. Upload the emergency document exactly as directed, preserving the original content and noting the emergency submission date if required.
- Verify the docket. Confirm the document number, filed timestamp, filing party, attachments, payment status, and any generated notice of electronic filing.
- Compare every exhibit. Open the docketed PDF and make sure no page, signature, proposed order, or certificate of service is missing.
- Correct discrepancies immediately. If the docket shows the wrong date, an incomplete attachment, or a rejected event, contact the clerk and ask what corrective filing or motion is required.
- Archive the record. Keep the outage notice, emergency transmission, later docket entry, receipts, and clerk correspondence together with the final case file.
Federal and state court differences
The federal examples above do not establish a rule for every state court. State trial courts may have different portals, clerk contacts, emergency email addresses, filing windows, payment systems, and standards for excusing a missed deadline. Some states publish standing outage rules; others issue a short order for each incident.
Before relying on an instruction, identify the exact court, division, case type, and filing party category. A procedure for registered attorneys may not apply to self-represented litigants, and a rule for civil cases may not apply to criminal, family, probate, or appellate matters. Use the current outage notice or local rule for that court, then confirm uncertain points with the clerk.
Common mistakes and how to avoid them
- Assuming the deadline moved: Treat the original deadline as binding until an order or clerk-approved procedure says otherwise.
- Using an old emergency address: Confirm the address in the current notice; an email sent to a former address may not be docketed.
- Sending outside the authorized window: The District of Oregon warns that documents sent outside its stated outage period will not be docketed.
- Confusing transmission with filing: A sent email or fax report may prove an attempt, not acceptance. Obtain the court’s timestamp or acknowledgment.
- Uploading a changed version later: Re-file the same emergency document unless the clerk directs a correction, and explain any change.
- Ignoring service: An emergency filing still generally requires service on other parties unless the court says otherwise. Preserve proof.
- Sending sensitive papers insecurely: Ask how sealed or restricted documents must be delivered.
- Failing to verify the docket: A successful upload can still produce a rejected event, missing exhibit, or incorrect filing type.
A practical decision tree
- Is there an official outage notice? If yes, follow its channel, time window, and re-filing instruction. If no, call the clerk before using email, fax, or paper.
- Is the deadline today or imminent? Tell the clerk the exact cutoff and ask for the approved timestamp-preserving method. Do not wait for the portal to recover.
- Is the document sealed, restricted, or unusually large? Obtain specialized delivery instructions before transmitting it.
- Can you obtain a clerk acknowledgment? If not, create the strongest available record: complete headers, receipts, screenshots, call notes, and a later docket check.
- Has the system recovered? Re-submit only as directed, then verify the docket entry and preserve the notice of electronic filing.
What to keep in your outage kit
Maintain a current folder for each active case containing the latest local rules, clerk telephone number, case caption, filing templates, certificates of service, payment information, and contact details for all parties. Keep a scanner or phone-scanning workflow available for paper receipts and signed documents. A portable document scanner can convert pleadings, exhibits, receipts, and delivery proof into PDFs for preservation or later e-filing, but the court’s procedure still controls whether and when those PDFs count as filed.
Also keep a plain-text outage log with columns for date, time zone, service tested, error, network used, clerk contact, instruction received, transmission time, and acknowledgment. A contemporaneous log is easier to authenticate and less likely to omit a critical event than reconstructed notes.
Quick Recap
Key takeaways
- Separate PACER retrieval from CM/ECF filing; one may work while the other is unavailable.
- Save the court’s notice, capture the error and time, and contact the clerk immediately.
- Never infer an automatic deadline extension from an outage.
- Use emergency email, fax, paper, or after-hours delivery only when the court expressly authorizes that channel and time window.
- Preserve the original document, transmission evidence, service proof, and clerk instructions.
- After restoration, complete any required electronic filing and verify the docketed timestamp, document number, and attachments.
- Federal procedures are examples; the specific state or federal court’s current notice and local rule control.
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