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Legislative and Judicial Developments Affecting Public Access to Court Electronic Records (PACER)

CRS Legal Sidebar, Legislative and Judicial Developments Affecting Public Access to Court Electronic Records (PACER) Updated February 1, 2022: “The Public Access to Court Electronic Records (PACER)system is the U.S. Court’s web-based service that gives registered users electronic access to documents filed in the U.S. Courts via the online Case Management/Electronic Case Files system, known as CM/ECF. The Administrative Office of the United States Courts (the “AO”), the federal judicial entity responsible for maintaining PACER, currently charges users ten cents per PACER search as well as 10 cents per page accessed using the system (with a ceiling of $3 per document). The judiciary waives fees on accounts incurring $30 or less in any given quarter. With most users not exceeding this $30 threshold, 25% of PACER users reportedly pay fees in a given quarter. Individuals or groups may prospectively petition for a fee exemption to conduct their PACER searches for specified research projects. This Legal Sidebar discusses recent legislative proposals and litigation that may affect the cost of public access to PACER…”

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