We learned from several dozen federal clerks of court and members of their staffs that pro se litigants are sometimes able to file electronically using the federal courts’ Case Management/Electronic Case Files (CM/ECF) system, but many courts are hesitant to allow pro se filing in CM/ECF. Prisoners do not have access to the Internet, so it is not feasible for them to use CM/ECF.

We conducted this research at the request of the federal rules committees’ working group on pro se electronic filing. The most salient rules-related lessons of this research are (1) perhaps paper filers should not be required to serve their filings on parties already receiving electronic service; and (2) because electronic filing is sometimes understood to mean filing using CM/ECF and sometimes understood to mean submitting filings electronically, such as by email, perhaps the rules should clarify their references to electronic filing.