Pro se litigants in the District of Delaware now face a shift in how they receive court communications.
According to the United States District Court for the District of Delaware, individuals not represented by an attorney and who are not currently incarcerated may now consent to receive electronic notices for documents filed in their cases.
This transition departs from traditional U.S. methods. Postal mail for those who opt into the system. By choosing this route, parties agree that certain filings will no longer arrive in their physical mailboxes. The court emphasizes that this consent does not grant pro se litigants the ability to electronically file their own documents.
Opting into electronic noticing carries specific procedural responsibilities. Once a party consents, they are responsible for regularly reviewing the docket sheet for any cases pending before the court to ensure no filings are missed. The court notes that if a party fails to view and download documents during their initial “free look” period—defined as within 15 days of the email notice—they will be charged for viewing those filings.
For those who prefer to keep their original filing method, the court maintains that this consent is entirely voluntary. However, the mechanism for opting in requires specific action. Pro se parties must complete a designated form and submit it through the Court’s Electronic Document Submission (EDS) system or by regular mail. The court explicitly stated that submissions provided over email will not be accepted.
The digital shift does not provide universal access to all case materials. Restricted documents remain accessible only through a registered PACER account. While the court offers the EDS tool for document submission, this consent does not automatically authorize a party to use the full CM/ECF system for electronic filing.
If a litigant wishes to pursue electronic filing, they must file a motion for permission to use the Court’s Electronic Case Filing System, adhering to section (B) of the court’s Administrative Procedures Governing Filing and Service by Electronic Means. This consent remains valid until the party formally revokes it in writing.
