NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 13

Memorandum in opposition to re #8 MOTION to Certify Class filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Declaration Garcia, #3 Text of Proposed Order)(Nebeker, William)

Case 1:16-cv-00745-ESH Document 13-1 Filed 07/25/16 Page 1 of 4

Effective December

l,

2013

Case 1:16-cv-00745-ESH Document 13-1 Filed 07/25/16 Page 2 of 4

The fees included in the Electronic Public Access Fee Schedule are to be charged for providing
electronic public access to court records.
Fees for Public Access to Court Elecronic Records (PACER)

(1) Except

for electronic access to anv case document, docket sheet, or casespecific report via PACER: 90.10 per page, nor ro exceed the fee for t}:trty pages.
as pror.ided beiow,

(2) For electronic

access

(3) For electronic

access

to transcripts and non-case specific reports l'ia PACER (such as reports
obtained from the PACER Case Locator or docket activiry reports): $0.10 per page.

to an audio hle of a court hearing via PACER: $2.40 per audro file.

Fees for Courthouse Electronic Access

(4) For pnnnng copies of anv record or document

accessed electrorucally at a public termrnal in

a

courthouse: $0.10 per page.

PACER Service Center Fees

(5) For every searcl-r of court records conducted by the PACER Sen ice Center: $30 per name or
item searched.

(6) For the PACER Service Center to reproduce on paper any record pertaining to a PACER
aicount, if this information is remotely available through electronic access: $0.50 per page.
(7) For any payment rerurned or denied for insufficient funds:

953.

Free Access and Exemotions

(8) Automatic Fee Exempdons

o
o

No fee is owed for electronic access to court data or audio files da PACER until an account
holder accrues charges of more than $15.00 in a quarterlv billing cycle.
Parties in a case (includingpro re litigants) and attorneys of record receive one free electronic
copy, via the notice of eleitronic f,ti"g or notice of docket acnviry, of all documents filed
electroaically, if receipt is required by law or directed bv the Fr.ler.

o

No

o

No fee is charged for viewrng case information or documents

fee is charged for access to judicial opinions.

terminais.

at courthouse public access

Case 1:16-cv-00745-ESH Document 13-1 Filed 07/25/16 Page 3 of 4

(9) Discretionary

Fee Exemprions:

Courts may exempt certain persons or classes of persons irom payment of the user access
fee. Examples of indn'iduals and groups that a court may consider exempung include:
indigents, bankruptcy case trustees,pro bono attorneys,Pro bono alternadve drspute resolution
neutrals, Section 501(c)(3) not-for-profit organizadons, and individual researchers associated
wrth educational instirudons. Courts should not, hou/ever, exempt individuals or groups rhar
have the abiJiry to pay the statutorily established access fee. Examples of indir,rduals and
grouPs that a court should not exempt include: local, state or federal government agencies,
members of the media, privately paid attornevs or others who have the abilitY to pay the fee.

In considering granung an exemption, courrs must find:
that those seeking an exemption have demonstrated that an exemption is necessary in
order to avoid unreasonable burdens and to promote public access to information;
that indrvidual researchers requesdng an exemprion have shown that rhe defined
research project is intended for scholarlv research, that it is limited in scope, and that it is
not intended for redisribution on the internet or for commercial purposes.

If the court

grants an exemption:

the user receiving the exemption must agree not to sell the data obtained as a result, and
must not ftansfer any data obtained as the result of a fee exemption, unless expressly
authorized bv the court; and
the exemption should be granted for a deFrnite period of time, should be limited in
scoPe, and may be revoked at the discrerjon of the court granung the exemption.

o

Courts may provrde local court informa[ion at no cost (e.g., local ruies, court forms, news
items, court calendars, and other informanon) to benefit the pubhc.

Applicabiliqv to the United states and state and Local Governments

(10)

Unless otherwise authorized bv theJudrcial Conference, these fees must be charged to the
United States, except to federal agencies or programs that are funded from )udiciary

appropriations (including, but not l-imited to, agencies, orgarizaaoos, and individuals providing
services authorized by the Criminal-|usdce Act [18 U.S.C. 3006A], and bankruptcy
S
adminis trators)
(1

1)

.

The fee for printing copies of any record or document accessed electronicallv at a pubhc
terminal ($0.10 per page) described in (4) above does not apply to senrices rendered on behalf

of the United States if the record requested is not remotely avaiJable through electronic

(12) The fee for local, state,

and federal government enrities, shall be $0.08 per page unril
flee shall be 90.10 per page.

2015,after whrch dme, rhe

access.

April

1,

Case 1:16-cv-00745-ESH Document 13-1 Filed 07/25/16 Page 4 of 4

Judicial Conference Policy Notes
The Eiectronic Pubhc Access @PA) fee and its exemptions are directly related to the requuemenr
that rhe iudiciarv charge user-based fees for the developmenr and maintenance of electronic public
access sen''ices. The fee schedule provides examples of users that may not be able to afford
reasonable user fees (such as indigents, bankruptcy case trustees, indiridual researchers associated
wrth educational insurudons, 501(c)(3) not-for-profit organizations, and court-appointed pro bono
attorneys), but requires those seeking an exemption to demonstrate that an exemption is limrted in
scope and is necessarv in order to avoid an unreasonable burden. In add.irion, the fee schedu]e

includes examples of other entities that courts shouid nor exempt from the fee (such as local, srare
or federal goYernment agencies, members of the media, and attornev$. The goal is to provide courts
wrth guidance in evaluating a requestor's abiliry to pav the fee.
Judicial Conference policv also limits exempdons in other wavs. First, it requrres exempted users to
agree not to sell the data they receive through an exemption (unless expressly authorized by the
court). This prohibiaon is not intended to bar a quote or reference to information received as a
result of a fee exemption in a scholarly or other similar u,ork. Second, it permits courts to grant
exemprions for a definite period of drne, to limit the scope of the exemptions, and to revoke
exemptions. Third, it caulions that exemptions should be granted as the exception, not the n:le, and
prohibits courts from exempting all users from EPA fees.