The records will not be lost for good -- there are backup copies in Mobile and in Montgomery.
Still, court officials will ask the County Commission this morning to declare an emergency so they can hire someone to try to clean the microfilm records before they are a complete loss, Probate Judge Don Davis said.
An excellent example of why courts should much more rapidly move to electronic filing
Hogan & Hartson is a global law firm with offices in 22 offices across the United States, Latin America, Europe, and Asia
In the e-filing revolution taking place in U.S Courts and Government agencies few firms have pulled together a dedicated support team to address the information needs and requirements of this mandatory technology. The Information Resource Center of Hogan and Hartson LLP however has recently risen to the challenge. This large firm with over 1,000 practicing attorneys, has identified the transition to electronic filing as a critical work skill. In order to address this need, they have developed a comprehensive training and monitoring program.
Julie Bozzell, Assistant Director of Research & Services in Hogan & Hartson’s IRC remarks, “As the federal courts finish transitioning to electronic filing systems and more of the state courts follow suit, we have found it helpful to be proactive about staying up-to-date on future and upcoming e-filing requirements around the country. This effort prepares us to address workflow and training needs that may arise for our attorneys and staff before these changes lead to crisis.”
Email alerts capturing what’s happening in various courts help give this group a head start on upcoming changes. Members in the IRC are trying out several website monitoring services to keep up on changes taking place at various court websites. They’ve also signed up for subscriptions to several court email alert offerings when available. Lastly they have recently started to monitor several legal oriented blogs via RSS feeds as a third line of defense to help them capture e-filing news that the other methods might miss. The news they have gathered from various sources is then published on their new intranet site dedicated to the topic of e-filing. They also offer the option for attorneys and staff to subscribe to their local e-filings news by email.
Beyond their information gathering efforts on the topic of e-filing they’ve started pulling together a wide range of in-house developed training materials and programs and offer both general overviews of the e-filing systems used by various courts around the country as well as trainings sessions dedicated to specific courts. The challenge they find in their training sessions is getting across the message that each court can be very different and as a result have differing requirements. It is critical that e-filers not assume the procedures in one court will follow suit of another.
The law practice support team of the IRC at Hogan & Hartson with lead e-filing expert John Aiken, has hope that their new website full of links to key e-filing resources at various courts around the country, their new monitoring process and their training offerings will pay off for the firm. The next project in the works for this team is building an internal expertise database to keep track of those most familiar to the e-filing processes at specific courts and agencies. The main objective driving all of these efforts is to save time for their attorneys and staff who may have previously scrambled to get up to speed on e-filing requirements to meet deadlines. They also aspire to train all at Hogan to better filers who will as a result, avoid many of the common time-consuming mistakes less experienced filers may make.
While the e-filing wave continues to swell, firms like Hogan & Hartson LLP are creating the surfboards to manage it. By anticipating these mandatory changes and developing a canonized set of standard operating procedures, your firm will be able to deal with the unending changes taking place electronic filing process in our U.S. courts and government agencies.
editors note: If I were a client evaluating law firms to send my business, Hogan & Hartson represents the type of firm I would want to be associated with....they "Get It" and are "Preparing for It"
Judge Griffen: "I write separately to address the glaring briefing deficiencies in this appeal and to again call for electronic filing of the record and briefs in our state. Appellant’s brief consists of four volumes, including a 277-page abstract and a 684-page addendum. ...
The record and the briefs in this case illustrate the need to modernize appellate
practice in Arkansas in light of the advantages presented by information technology. The
appellate record in this case was ten volumes, totaling 1959 pages. Appellant submitted a
980-page brief. Appellee’s brief, which included an unnecessary supplemental addendum,
numbered 174 pages. Appellant filed an eighteen-page reply brief. If each party made
twenty copies of the briefs (seventeen for filing with the clerk, one for opposing counsel, one
for the circuit court, and one for that party), then the briefs and record on appeal consisted
of 25,399 pieces of paper. According to an environmental company based in San Francisco,
California, one tree makes 16.67 reams (one ream = 500 sheets) of paper. Conservatree,
How much paper can be made from a tree? (last assessed Jan. 18, 2007). Based on these calculations, the paper filed by the parties on this appeal alone has consumed almost three trees.
Of course, all the voluminous paper briefs and record must be stored someplace once they are delivered to the Justice Building in Little Rock, so some method for physically storing and retrieving them must be selected, implemented, and financed. The cost of storing and retrieving paper records and briefs must be paid from state revenue.
The costs associated with our paper method of appellate practice does not end when
the record and briefs are assembled. There is the additional cost associated with transporting
paper to Little Rock for filing. In the instant case, the office of counsel for appellant is in
West Memphis. Appellee’s counsel’s office is in Jonesboro. Those offices are each
approximately 120 miles from Little Rock. Our current method of appellate practice required
that appellant’s counsel, or someone on his behalf, travel 120 miles to pick up the
voluminous record, drive 120 miles back to West Memphis to prepare the briefs, drive 120
miles to file the briefs and return the record, then drive 120 miles back home. At that point,
appellee’s counsel, or someone on his behalf, was forced to repeat this process. The
combined approximate distance driven by or on behalf of both attorneys to process the appeal
totals 960 miles. The vehicles used for that travel may have easily consumed at least $100
worth of gasoline.
The exercise that our current system of appellate practice imposed on the parties in
this appeal is repeated for every appeal taken in Arkansas. Thus, our court rules compel
people to run up and down the highways, when gasoline prices are a constant concern for
everyone, simply to file papers associated with appeals. We are doing this in the age of the
Internet, E-Bay, electronic filing of tax returns, and electronic banking. We are requiring
litigants to pack paper across Arkansas highways even as state and federal courts across the
nation are increasingly using the Internet by electronic filing (called “e-filing”).
E-filing will undoubtedly reduce costs to parties. E-filing eliminates the costs
associated with hand delivery, messenger services, printing, photocopying, mailing, and the
fuel costs associated with shipping or driving paper records and briefs from throughout
Arkansas to Little Rock.
E-filing also will provide savings to our courts. Judges and their staffs will be able
to retrieve electronic documents quickly and easily. Under our current paper system, the
paper record is accessible only to one user at a time and in one location. Thus, anytime a
lawyer, law clerk, member of the clerk’s staff, or judge desires to examine the record, he or
she must physically locate it, retrieve it, search it, and return it, all to the exclusion of any
other potential user of the record. If Arkansas adopted an e-filing system, the record could
be lodged electronically on a secure server that could be password protected so that users
could access it instantly, simultaneously, and economically. Thus, Arkansas lawyers and the
appellate courts would reduce paper storage costs.
Court will launch online case filing
Statewide model seen in project to start in spring
Some interesting quotes: "Advocates say e-filing is more efficient, because getting papers to the courthouse can be done from computers anywhere, and litigants and their lawyers can instantly access documents online - though some less-than-tech-savvy lawyers maintain it is a judicial plot to drive them crazy."
Note: Clients of "less-than-tech-savvy lawyers" should seriously consider finding new counsel.
"Everything will have to be filed that way. If it comes in on paper, we will scan it in. We cannot have two filing systems," Duckworth said. (Robert Duckworth, Clerk Of Court, Anne Arundel County Circuit Court)
Note: Mr. Duckworth understands that you can not have BOTH paper and electronic systems to file the same type of case. The benefits of efiling are minimized if the court needs to maintain 2 systems. Kudo's to Mr. Duckworth...he "get's it"!
... but they keep talking about it.
Here is more from the Nova Law Review, Spring 2004 article referenced in the prior post. If you have access to LexisNexis you can click: 28 Nova L. Rev. 721
The Technology Challenge: Lawyers Have Finally Entered the Race But Will Ethical Hurdles Slow the Pace? Lynn A. Epstein, ( Professor of Law, Nova Southeastern University, Shepard Broad Law Center)
V. FILING DOCUMENTS ELECTRONICALLY WITH THE COURT: THE RACE TO THE COURTHOUSE JUST BECAME A BLIP ON YOUR SCREEN
Electronic filing of court documents is an extremely efficient and cost-effective method of getting documents from the law office to the courthouse. When the IRS began to permit electronic filing of tax returns, it paved the way for other governmental offices to use e-mail as a means of receiving documents. The court system, while initially slow to respond, has begun to make real progress in this area, especially in the federal court system....
Electronic filing has numerous advantages, including simplifying and standardizing the filing process, and reducing errors in copying and transcription. However, the biggest advantage in electronic filing lies in reducing the costs of printing, copying, and mailing associated with paper documents. When courts take that extra step of setting up systems that allow the entire file to be viewed electronically, it enables more people to have access to the system.
State and federal rules of civil procedure have also paved the way for electronic filing. Many of the federal rules of procedure have been amended to allow courts to permit electronic filing if provided by local rule. Most jurisdictions have set up technology committees to study the most effective way for courts to implement electronic filing.
... Additionally, as courts adopt electronic filing, most still retain the ability for lawyers to file paper. Dealing with two different filing systems can be complicated and unwieldy. Ultimately, a court may decide to go entirely electronic. If so, either the lawyer must have online capabilities or the court needs to take the time to convert paper to paperless. ...
Attorneys are beginning to take advantage of electronic filing. One in five lawyers engaged in electronic document filing at some time. For those attorneys that have filed documents electronically, approximately 95% have been satisfied with the experience. Motions were the most frequently filed documents, followed by pleadings. However, the majority of lawyers still delivered documents in person to the courthouse.
The reluctance to file documents electronically would seem to have little to do with impediments with ethical rules. Since electronic filing is controlled by the court system, there is little possibility that lawyers would be able to act unethically in this area. Local court rules are very specific as to the process and specifications required for electronic filing, thus eliminating competency concerns that may encompass ethical considerations.
However, as most courts move toward electronic transmission of documents, lawyers should likewise move toward using this method of transmission. It will no doubt be consistent with the Model Rules, goal of lawyers expediting litigation, by allowing parties to access documents instantaneously. It will also aid the court with an efficient method that eliminates volumes of paper and storage problems. No longer will attorneys race to the courthouse drop box, or search for inventive and creative ways of adding mail days to the due date of their documents. In fact, if lawyers do not at least begin to adopt the process of filing documents electronically, they may find themselves left behind when courts permit only electronic filing.
Attached is the Order by the Court of Appeals for Maryland to implement an eFiling pilot for the Circuit Court of Anne Arundel County.(population: 510,878)
Key points:
Includes all case types in a phased in approach over 2 years
Participation is mandatory with provision for parties who do not register for service with the contractor
Full compliance with MD rules including data security/privacy
Data integration with the Courts case management system
Based on my experience, the Anne Arundel eFile Pilot, will be successful…because of the Key Points above.
If you have questions, please contact me.
Download md_coa_efile_order_2.pdf
From the Missouri Lawyer Weekly of October 23, 2006
This article describes that the MO Appeals Court (Western and Eastern) will require all pleadings with the court to be in both printed and electronic form. It says that currently the court requires hard copy and encourages a digital version.
The article continues with a description of the benefits realized.
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No doubt there are benefits, but this solution is simply email filing....more benefits would accrue through a dedicated application that keeps the filings organized; more easily searchable; more secure; and able to be viewed by more than the sender/receiver. Also, why continue to burden the filer with the requirement they must aslo submit the hard copy?
The United States District Court, Eastern District of TennesseeThe Clerk.s Office of the United States District Court is conducting this survey to assess the quality of service that the Operations Staff (CASE MANAGERS AND INTAKE) provides to you, our customer. The results of this survey will play a major role in our ongoing commitment to provide you with the highest level of customer service. We would appreciate your taking a few minutes to complete this survey and return it to the Clerk of Court by mail, or deposit it in the designated box in the public area. Since we are looking for the greatest amount of feedback from all types of users, we encourage you to make additional copies of the survey and distribute them within your office to other users of the U.S. District Court.
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More courts should follow the lead of the folks in Tennessee to learn how their services are perceived and then take actions to address those areas their customers indicate need to be improved.
All USDC Courts have electronic filing available throught the ECF/Pacer system...but for State Courts...there are relatively few able to accept electronic filing or enable electronic service.
The major "customers" of the Court are:
Attorneys (their clients); Pro Se Litigants; Paralegals; Legal Secretaries & Courier Services.
I would like to focus on improving customer service for Paralegals and Legal Secretaries in my next post.
The "keys" to success:
1) Web Application...built by a 3rd Party (LexisNexis File & Serve at no cost to the Court)
(eliminates the need for new hardware if you have relatively new equipment, an Internet browser and broadband connection to the Internet)
2) A Judge/Clerk who understand that to get the benefits they are looking for...you have to make it mandatory
3) Realization that scanning digitally created documents...is not a good use of time or resource
3) Attorneys who understand their time is valuable and electronic filing saves time, which saves their client's money; the time saved can be used by the attorney for other clients. Other benefits: see this for a recent post on the subject
Congratulations to the Judiciary in Beaver County, PA....a judiciary who is using technology like the rest of the world!
From Fla. Litigators' Frustrations Rise Over Delays in Complex Cases
The Task Force on Management of Cases Involving Complex Litigation in Florida acknowledged a consensus among trial lawyers that complex cases tend to linger for years at the pretrial stage.
One of the solutions came from: "Lawyer Peter R. Siegel, a partner in the Fort Lauderdale office of Greenspoon Marder, said that state courts could adopt measures that are already employed in federal courts. Those methods include setting complex cases on a separate track, providing firm trial dates and pretrial deadlines and increasing the use of technology.
For instance, Siegel said, the federal judiciary's electronic filing system -- which allows pleadings to be filed and reviewed electronically -- can save time for all the parties involved in a complex case.
Scherer agreed with the need for state courts to embrace technology. "The whole world uses technology more than the judiciary," he said.
New Site Rolled Out in California First
MONTEREY, CA, October 05, 2006 - As adoption of new technology spurs a steady increase in electronic filing and service of legal documents in the American legal system, courts and attorneys still primarily use paper to facilitate their filing and service needs.
To offer litigators more convenience and control within this evolving landscape, LexisNexis U.S., a leading provider of information and litigation support technology and services, today announced it has strategically expanded LexisNexis® File & Serve capabilities to provide attorneys the first and only one-stop online destination enabling attorneys to execute paper filing, paper service, service of process, electronic filing and electronic service. The new site means litigators can manage all their filing, service and service of process needs in one easy-to-use online location and via one vendor regardless of jurisdiction and whether paper or electronic filing is required.
Announced as LexisNexis participates in the California State Bar Association annual meeting in Monterey this week, the new paper-based capabilities complement existing electronic filing and service options that have been available via File & Serve since 1995. The new functionality is initially available in California for filings to any court in the state, service between law firms and service of process upon case parties or witnesses. File & Serve will extend the service to additional states in 2007.
The new File & Serve capabilities will also be offered as part of LexisNexis® Total Litigator – beginning with California courts. Total Litigator is the only single, online destination offering litigators a comprehensive set of tools and services to manage cases at each step the litigation process.
"We believe our new capability is a ‘game changing’ milestone for filing and service because it simultaneously recognizes the prevalence of paper and the increasing use of electronic filing to offer litigators a single, convenient method to more efficiently manage all their filing and service needs regardless of format," said Tobias Hartmann, vice president and managing director for LexisNexis File & Serve. "This new offering exemplifies the LexisNexis Total Practice Solutions strategy of helping attorneys win by providing them with the most complete set of litigation support tools possible – mapped directly to how they work."
"The new File & Serve is intelligible, efficient, economical and far more timely than normal attorney services," said Mary Anne Tay Donaldson, librarian at the LA office of Washington, DC-based law firm Arnold & Porter LLP. As the first client to use the new File & Serve paper filing capability, Donaldson also said, "Lawyers have very high standards and this service is the epitome of quality service with greater control and accountability throughout the entire filing and service process – an ‘intelligent bargain.’"
The broad jurisdictional coverage of the new offering means attorneys with cases in California courts may now upload documents to the File & Serve site and select delivery options such as same day or next-day courier delivery, next-day FedEx, or U.S. Mail. Additionally, File & Serve automatically arranges the appropriate filing or service method – electronic or paper – based on court rules and requirements to ensure attorneys are always in compliance with court orders.
These functions minimize risk of incurring fees or filing or serving past deadlines, while the overall increase in efficiency helps firms grow their business by minimizing time and expense spent on filing and service issues.
For paper filings, File & Serve Litigation Support Centers, located near courts, are staffed with experienced professionals who print and assemble filings in compliance with all applicable court rules and deliver them via LexisNexis courier the same day. In cases where e-filing or e-service is required, File & Serve delivers documents electronically in compliance with court rules. Where electronic delivery is optional, attorneys have the choice of selecting the method they would like to use. As with electronic filing and service, firms charged a standardized transaction fee for each use for paper delivery.
"Law firms no longer need to feel ‘nickeled and dimed’ by disparate attorney services firms who cannot offer the streamlined process, predictable pricing, convenience and geographic coverage that File & Serve now can with unified paper and electronic filing," said Hartmann.
File & Serve is a customized Internet-based service that provides electronic and paper delivery of public and sealed documents filed with the court and exchanged between attorneys. The service is paid for with transaction fees, so there is no charge to courts. File & Serve is used by more than 70,000 court personnel and legal professionals nationwide who file, serve and manage an estimated 21 million documents annually into more than 1 million cases.
BEAVER, PA AND SEATTLE, WA, October 03, 2006 - LexisNexis U.S., a leading provider of information and litigation support technology and services, today announced that the Beaver County Court of Common Pleas has initiated mandatory electronic filing using LexisNexis® File & Serve for all civil and family cases, except where prohibited by Statute.
The change makes the Court the first of the 60 Courts of Common Pleas in Pennsylvania to require e-filing, the first state court to change the standard format for all legal papers to electronic and first state court to require e-filing for a broad cross-section of cases – all per new local Rule 205.4 recently issued by President Judge Robert Kunselman.
Electronic filing will be phased in over the next six months, starting with new mortgage foreclosure filings that began September 25. New judgment and lien cases will follow on Nov. 13, with all other new civil and family matters, except those prohibited by Pennsylvania Statute, to begin early in the new year. Litigants who do not have access to electronic means of filing elsewhere may e-file at the Office of the Prothonotary in the Beaver County Courthouse.
Once complete, the conversion from paper to electronically filed documents is expected to eliminate approximately 200 inbound and 40 outbound paper documents each day.
"The Court was simply running out of space at the courthouse and at our off-site file storage site, and we wanted to take advantage of the reduced paper and cost benefits of LexisNexis File & Serve," said Judge Kunselman. ""Once we began consulting with members of our Bar and others in the system, it became clear that the benefits of filing and accessing case documents without having to come to the courthouse would be a substantial to all involved in litigation and so was another reason to change the way we receive and process legal papers."
"The Beaver County Court of Pleas is on the leading edge of electronic filing in Pennsylvania and nationally, and we are extremely pleased to work with them on this groundbreaking project that has clear benefits for the Court and the public," said Tobias Hartmann, vice president and managing director of LexisNexis File & Serve.
"On the litigant side, e-filing via File & Serve is a great example of the LexisNexis Total Practice Solutions strategy of helping attorneys by providing them the most complete set of tools and services to help them manage litigation more effectively," said Hartmann.
"In particular for attorneys, File & Serve is a key component of LexisNexis® Total Litigator, the only single, online destination offering litigators a comprehensive set of tools and services to manage cases at each step the litigation process," said Hartmann.
Rich DeFilippi, Beaver’s Court Administrator, and Nancy Werme, Beaver County’s Prothonotary, agree with the benefits of e-filing.
"Scanning all paper filings – something we have done for quite some time – has shown no considerable economies of scale, so we wanted a different way of working with an electronic format. Today, most documents begin as electronic files anyway, and e-filing eliminates the ‘detour’ of printing to paper simply to file. And, with this project, we offer an electronic filing option right at the Court, to those who are self represented or have no access to the internet," said DeFilippi.
"I hope this will lead to a new era of increased convenience and accessibility for the public, litigants and attorneys," said Werme.
In addition to Court benefits, litigants gain more control over their case file management with e-filing. Along with quicker and more cost efficient filing, File & Serve also offers improved access to information and increased efficiency and enhanced case monitoring. Additionally, the public benefits from e-filing by the Court’s ability to more efficiently manage documents and reduced costs for document storage and administration.
File & Serve is a customized Internet-based service that provides online delivery and management of public and sealed documents filed with the court and exchanged between attorneys. The service is paid for with transaction fees, so there is no charge to the court. File & Serve is used by more than 70,000 court personnel and legal professionals nationwide who file and serve an estimated 21 million documents annually into more than 1 million cases.
CA -- Paper Filing/E-service trans. (5 min)
5 MINUTE TRAINING RECORDING ON "PAPER FILING & E-SERVICE"
(demonstrates paper filing to the Court and eservice upon recipients involved in an e-serve case)
View now >> Click and follow instructions
Call it the "last mile" before actual electronic filing. LexisNexis File & Serve has introduced a new service in California that allows lawyers to "efile" into any state or federal court in California; and allows lawyers to "eServe" any party in California and place Service of Process orders for California, the rest of the nation or worldwide.
Orders are entered via a web interface; documents are uploaded and LexisNexis File & Serve takes it from there. The filer or server get an electronic acknowledgement or proof of servicce and are able to track it to completion via the web. It also provides access to the 'case file' of sorts.
Get added convenience and increased control over managing and monitoring filing, service, service of process and associated costs. And get the broadest jurisdictional coverage available for California state courts and beyond.
Coverage
Single-vendor coverage across all California courts
Convenience
One convenient method for managing all of your California filing, service and service of process:
* One method for managing all California filing & service needs (paper or electronic)
* File a summons & complaint and execute service of process online
* File subsequent documents and serve all counsel in one online transaction
* Place service of process orders for anywhere in California, or worldwide (investigation and translation services available)
* Easy online access to all of your documents, filing receipts and proof of service
* Firms with multiple California locations can use one website to manage document delivery and online access to documents & other case information
Control
More control over document delivery with online submission and status updates
* One secure, easy-to-use website for submitting documents for delivery, regardless of the format the court requires
* Easy monitoring of the status of all document deliveries via update emails and online status details
* Experience and expertise to deliver documents on-time and in compliance with court rules & requirements statewide
* Courier delivery through Litigation Support Centers located nearby courthouses throughout the state
And improved cost management & recovery of costs:
* Predictable, flat-rate pricing—no surprises when you receive your invoice
* Consolidated, client/matter coded monthly invoices
With LexisNexis® File & Serve for Largest Category of Civil Cases
Change Makes Court One of Largest E-Filing Courts is California; Increases Court Efficiency and Public Access
San Francisco, Aug. 31, 2006 - LexisNexis U.S., a leading provider of information and litigation support technology, today announced that the Superior Court of San Francisco has instituted mandatory electronic filing using LexisNexis® File & Serve for all documents related to the Court's largest single body of civil cases, asbestos litigation.
The Court instituted electronic filing for asbestos cases on a limited basis with File & Serve in 1998, and decided to expand its use of the technology based on the success of the project.
As a result of the decision, approximately 20 percent of the Court's 400,000 total annual filings will now be received and processed electronically - representing more than 68,000 filings a year. Starting this month, that annual volume of electronic filings will make the San Francisco Superior Court one of the largest e-filing courts in California.
"Over two and a half years ago we recognized that electronic filing created the potential for dramatic savings in storage, time and money for the Court, attorneys and litigants. Now we have accomplished this major change to our system, which preserves valuable resources for other significant Court needs. At the same time, we have improved access to information for attorneys, litigants and the public. This is definitely the wave of the future." said Asbestos General Order Judge Tomar Mason.
"Clearly, the San Francisco Superior Court is on the leading edge of electronic filing in California and nationally, and we are extremely pleased to work with them to expand e-filing for asbestos cases," said Tobias Hartman, vice president and managing director of LexisNexis File & Serve. "The project is a great example of how LexisNexis File & Serve provides courts and law firms more control over case file management-improving delivery of documents while enhancing access to information and increasing efficiency."
The benefits of the expanded electronic filing will be shared between the Court, attorneys filing with the court and the public. Moreover, the benefits delivered by File & Serve are a concrete example of the LexisNexis® Total Practice Solution strategy of providing a complete set of litigation support services.
Technologies such as File & Serve enable fast, secure filing capabilities for attorneys, increased public availability of court documents and a more cost-effective method for safely receiving legal documents for the Court.
Benefits to the Court.
Electronic filing technology offers the Court better access to filed documents. Clerks, judges, administrators and others gain the ability to receive, review and process a greater number of documents, as well as to act on them in a timelier, more efficient manner. Because the amount of paper is reduced with e-filing, the Court also saves money on document storage space and copying costs, as well as reducing staff time required to physically file and retrieve documents. LexisNexis File & Serve saves the courts it works with nationally millions of dollars annually.
Benefits for Litigators.
Litigants gain more control over their filing and service activities. Along with quicker and more cost efficient filing, electronic filing through File & Serve also offers improved case monitoring capabilities and online case files.
Public benefit.
The public benefits from the Court's ability to more efficiently manage documents and reduced costs for document storage and administration. An additional benefit for the public and those tracking asbestos cases the Court hears is that more case documents will be available for public viewing. Based on current trends, the San Francisco Superior Court estimates than through e-filing more than 5,000 more asbestos case documents will be viewable per month.
File & Serve is a customized Internet-based service that provides online delivery and management of public and sealed documents filed with the court and exchanged between attorneys. The service is paid for with transaction fees, so there is no charge to the court. File & Serve is used by more than 70,000 court personnel and legal professionals nationwide who file and serve an estimated 21 million documents annually into more than 1 million cases.
File & Serve is also a key component of LexisNexis® Total Litigator-the only single online destination offering litigation support tools to help attorneys manage cases through each step of the litigation process.
The Clerk of Court and the General Division of the Montgomery County Common Pleas Court have embarked on an exciting project that will pave the way for electronic filing of court pleadings and documents.
Here is a link that descibes one way that attorneys can go 'paperless'. The author also has a really nice handout which describes how he has set up his electronic files which is here:
Probably a good idea to also make a back-up of these files and store them in a safe place, off-site.
Extending that idea to the courts.....A good electronic filing solution would provide all parties access to the entire electronic case file as long as they have access to the Internet. Besides the inherent benefits in an always on and always there environment...that same good electronic filing solution would also provide built-in disaster recovery for that day when a natural disaster might strike the Court.
The Oakland County Circuit Court is doing just that! via their Accessing the Court Records Survey. Download Survey_5-30-062.pdf.
Ramsey County District Court Moves to Electronic Filing with LexisNexis(r) File & Serve
Selection makes Ramsey County the first Minnesota court to incorporate electronic filing for civil cases
DAYTON, Ohio, May 11, 2006 - LexisNexis U.S. today announced that the Second Judicial District in Ramsey County, Minnesota, has implemented a pilot project involving the LexisNexis(r) File & Serve system to manage electronic filing and service. LexisNexis is a leading provider of information and services solutions.
The effort to bring electronic filing to Minnesota was led by Judge Michael DeCourcy of the Second Judicial District along with Civil Court Administrator Lynae Olson. "LexisNexis File & Serve helps us meet our objective to continually improve the litigation process," said Judge DeCourcy. "We expect to increase our ability to manage what is the largest caseload of complex litigation in the state. Not only will there be better access to case information, but we will spend less time pushing paper and more time making decisions and resolving cases."
Ms. Olson cited experience as a key factor in choosing File & Serve. "We selected LexisNexis File & Serve because of our experience with the service area of the system, implemented two years ago under the direction of Judge DeCourcy as well. Attorneys who had been using the system for electronic service also expressed a high level of satisfaction with it", she said.
With its selection of the File & Serve system, the Ramsey County District Court becomes the first court in Minnesota to incorporate electronic filing for civil cases. Ramsey County covers the city of St. Paul and surrounding area. The File & Serve system will initially be used with the court's civil asbestos litigation cases.
File & Serve addresses the issue of managing the overwhelming amount of paper generated in litigation, by providing the court with a streamlined process for automated docketing and real-time online access to filed documents. The system also provides links to LexisNexis legal citations directly from the documents submitted through the application. Attorneys benefit from the File & Serve system by gaining easier access to court documents and the ability to electronically file documents with the court.
File & Serve enables attorneys to deliver documents to the court online instead of using couriers or runners. The court clerks review the submitted documents online and forward those to the judge. The judge in turn reviews the documents and is able to issue court orders back out to the attorneys through the File & Serve system. Automated email alerts keep the court and attorneys up-to-date on new activity in the cases, and an online case file is created for easy access to documents.
"We continue to see strong demand for File & Serve as an online service for courts," said Michele Vivona, vice president and general manager, LexisNexis Litigation Services. "Because we develop the application and host the system, there is little to no financial cost to the court or the county. The benefits of electronic filing extend throughout the legal system. Judges have better access to information, clerks get a more efficient process, and attorneys improve the delivery of documents," she added.
File & Serve has electronic filing and/or service projects in jurisdictions in 26 states and has well over one million cases online. Today, there are nearly 70,000 judges, clerks, attorneys and other legal professionals nationwide who have been registered to use the service. File & Serve is offered to law firms through the new LexisNexis(r) Litigation Services, which provides strategic insight and greater control throughout the litigation process.
Monday May 8, 2006
New Feature Controls Disclosure of Sensitive Information in Litigation Documents
DAYTON, Ohio--(BUSINESS WIRE)--May 8, 2006--There is a growing concern by governments, the judicial community and the general public about the exposure of sensitive information in documents associated with litigation. The LexisNexis® File & Serve electronic filing and service system has addressed this concern with the introduction of integrated redaction capabilities. LexisNexis U.S. is a leading provider of information and services solutions.
The File & Serve system has always allowed redacted documents to be up-loaded, with the sensitive information "blacked out." With the new integrated capabilities, File & Serve now gives courts the ability to redact information in documents that have been filed electronically, including scanned documents. The original un-redacted version remains available only to case participants and the court, and the redacted version is available to the general public. By giving the courts the ability to redact information, a final layer of protection is provided to prevent the disclosure of sensitive information.
"Adding integrated redaction allows File & Serve to respond to a growing court need that was not being met," said Michele Vivona, vice president and general manager, LexisNexis Litigation Services. "Courts are inundated with requests for access to public records, but a lot of those records still contain sensitive information. The only way for the court to comply is to manually redact those documents.
"File & Serve now offers a more efficient way to manage that information and preserve the integrity of the original document," she added.
This integrated redaction capability for the courts further limits the opportunities for the inadvertent or intentional exposure of sensitive information, such as social security numbers, the names of minors and victims, and confidential propriety information. It will provide the general public with a greater sense of security as well, reducing the chances for violation of privacy and the incidence of identity theft.
"What makes the addition of this feature unique is the way it is integrated with the e-filing application," said Robin Castro, vice president, LexisNexis File & Serve. "Court clerks can add redaction to a document during the intake process as well as redact content from documents that have already been filed and stored in the system. And both the redacted and un-redacted versions are retained as part of the online case file."
LexisNexis File & Serve gives courts and law firms better access to information and more control over case file management. The File & Serve service provides automated docketing and real-time online access to filed documents and the online case file. The service also provides links to legal citations through the Lexis® service from directly within the application, giving judges and attorneys a convenient approach to researching their cases. Attorneys further benefit by eliminating the physical delivery of documents to the court and opposing counsel.
File & Serve has electronic filing and/or service projects in jurisdictions in 26 states and has well over one million cases online. Today, there are nearly 70,000 judges, clerks, attorneys and other legal professionals nationwide who have been registered to use the service. File & Serve is offered to law firms through LexisNexis® Litigation Services, which provides strategic insight and greater control throughout the litigation process.
LexisNexis File & Serve launches the Commonwealth of the Northern Mariana Islands Superior Court.
A couple of pictures of the CNMI Superior Court clerk staff and IT staff:
Judge Roger Crittenden states in the CMO "Given the complexity of the issues and the number of parties and counsel involved, the Court finds that the traditional means for service of pleadings and discovery-related documents specified in CR 5 would be inefficient, cumbersome and expensive and that the electronic service of pleadings and discovery-related documents is the most efficient, expeditious and economical method of effecting service by and between the parties."
It is great to see the Ky Court of Justice and Judge Crittenden move forward with eService.
eFiling would allow for further efficiencies and economies.
Morrisstown, Tennessee attorney, Paul Whetstone, commenting on Tennessee's proposed electronic filing rules:
"After I overcame the initial shock that arose from the Federal ECF system, I came to realize that the electronic filing mandate was well-conceived. Since that time, I have saved time and energy by being releived of the physical mechanocs associated with court filings with the Federal venue.
Denver District Court Begins Long Trip Down "E-filing Road"
The Denver District Court is in the midst of growing pains – the kind that comes from beginning that long trip down “e-filing road”. Most of the comments I’ve heard from my colleagues range from the expected (“I can’t work on briefs unless I have the paper in my hand”) to the unexpected (“E-filing makes me feel like nothing more than a clerk.”). The Courts have been providing in-chambers training on the new system, judge by judge, courtroom by courtroom. This training has been paying off. Just a few weeks ago, two of the judges were discussing their joy at finding that they are able to change proposed orders by using the comments tool on their menu. They were ecstatic! Now there’s two more converts in the Denver District Court, 18 more to go.
Major Milestone Indicative of Market's Acceptance and Growing Adoption of Electronic Filing by Courts and Litigators
DAYTON, Ohio--(BUSINESS WIRE)--Feb. 22, 2006--LexisNexis U.S., a leading provider of information and services solutions, announced today that a significant milestone was reached this month by its electronic filing division. LexisNexis® File & Serve surpassed one million cases in its electronic filing and service system.
LexisNexis File & Serve is an Internet-based service provided to courts and law firms to enable the electronic exchange - filing and service - of legal documents such as complaints, pleadings, exhibits and proposed orders. By surpassing one million cases online, LexisNexis File & Serve demonstrates the continued acceptance and growing adoption of electronic filing in the market by the courts and, in turn, litigators.
"This is a very important milestone for the courts as well as litigators because it is one more indication that e-filing and e-service are becoming mainstream with the courts and the legal industry," said Michele Vivona, vice president and general manager, LexisNexis Litigation Services. "With support for a wide range of case types - from large multi-party complex litigation like asbestos, to smaller two-party cases like domestic relations - LexisNexis File & Serve is clearly a leader in the e-filing field."
LexisNexis File & Serve gives courts and law firms greater control over case file management. With a robust and secure infrastructure, LexisNexis File & Serve provides improved access to case documents and streamlines the intake process. Online clerk review and judicial action improve court operations, while the online document repository enhances care, custody and control. Law firms benefit from improved document access, automated case monitoring, and the elimination of the physical delivery of paper.
"Over 67,000 judges, clerks, attorneys and other legal professionals nationwide have been registered to use LexisNexis File & Serve," said Robin Castro, vice president, LexisNexis File & Serve. "They file and or serve about 17 million documents each year through LexisNexis File & Serve, and we believe that no other provider comes close in the number of subscribers and transaction volume.
"We expect continued, steady growth in the number of electronically-filed cases as well as the addition of more district and appellate courts around the country and internationally," added Castro.
Continue reading "LexisNexis File & Serve Surpasses One Million Online Cases" »
New Online Resource Available Through LexisNexis(R) File & Serve, LexisNexis(R) Total Litigator 1.0
DAYTON, Ohio--(BUSINESS WIRE)--Feb. 21, 2006--Following the successful and highly-anticipated launch of LexisNexis® Total Litigator 1.0 just weeks ago, LexisNexis U.S. today announced the availability of LexisNexis® Service of Process, the latest addition to the company's suite of litigation services. LexisNexis is a leading provider of information and services solutions.
LexisNexis Service of Process is a new tool for managing litigation and associated costs more effectively. With this new service, law firms have one online source for fast, reliable service of summonses, complaints, subpoenas and other documents via an established network of process servers. It is available through LexisNexis® File & Serve, an Internet-based service provided to courts and law firms to enable the electronic exchange - filing and service - of legal documents such as complaints, pleadings, exhibits and proposed orders.
LexisNexis Service of Process is also available as part of LexisNexis Total Litigator 1.0, which provides litigation tools, all in one place, built around the way litigation attorneys work. LexisNexis Total Litigator includes a comprehensive suite of services which provides exclusive, relevant content, tools and services when and where litigators need it throughout the litigation lifecycle.
Law firms using LexisNexis Service of Process will realize a wide range of benefits, including:
Quick and accurate service of process: The network of reliable document delivery providers will serve documents on time anywhere in the U.S., with international and rush service available.
Increased control over cost management: LexisNexis File & Serve offers predictable, flat-rate pricing with monthly client/matter coded invoices.
Online placement and tracking of orders: After placing an order using a simple online form or by telephone, orders are easily tracked on the Web or through LexisNexis Service of Process Customer Support.
Flexible options for proof of service: Proof of service is available online with the original proof of service returned via U.S. Mail. Upon request, LexisNexis File & Serve can also file the original with the court via mail.
"With nearly 33 years of serving legal professionals and delivering secure and dependable electronic products and services, LexisNexis is uniquely qualified to provide law firms with a single resource for all of their service of process needs," said Michele Vivona, vice president and general manager, LexisNexis Litigation Services. "With the inclusion of Service of Process in our Total Litigator 1.0 solution, litigators are further assured that they have all of the tools they need to manage their cases effectively from start to finish."
LexisNexis File & Serve is used in jurisdictions across the U.S., including statewide e-filing and e-service in Colorado and Delaware, and gives courts and law firms greater control over case file management. With a robust and secure infrastructure, LexisNexis File & Serve provides improved access to case documents and streamlines the court intake process. Online clerk review and judicial action improve court operations, while the online document repository enhances care, custody and control. Law firms benefit from improved document access, automated case monitoring, and the elimination of the physical delivery of paper.
LexisNexis File & Serve is a component of LexisNexis Total Practice Solutions, the company's overarching offering of complete end-to-end solutions to help lawyers and law firms succeed in the business and practice of law. LexisNexis offerings are designed for the way legal professionals work, in all of the areas essential to their success, including Client Development, Research Solutions, Practice Management, and Litigation Services.
LexisNexis Total Litigator 1.0 is divided into several categories which represent the primary components of the litigation workflow, including:
-- Drafting, Service of Process and Filing: LexisNexis Total Litigator includes industry-leading, reliable resources to accomplish these critical tasks, including Matthew Bender forms, and service of process and electronic filing through LexisNexis(R) File & Serve.
-- Legal Research: LexisNexis is the unmatched authority in legal research, and LexisNexis Total Litigator takes complete advantage of this research through case law with headnotes, Shepard's(R) Citations Service, analytic materials from Matthew Bender Treatises, and briefs.
-- Gathering Intelligence: LexisNexis Total Litigator provides the most comprehensive case investigation resources available to litigators, including court records and strategic profiles through LexisNexis(R) CourtLink(R), public records and comprehensive news content.
-- Formal Discovery: With LexisNexis Total Litigator, attorneys are provided with proven, unmatched industry expertise in electronic discovery through LexisNexis(R) Applied Discovery(R) and the precision searching of LexisNexis and internal firm documents through LexisNexis(R) Total Search.
Court selects LexisNexis® File & Serve
To manage online case files and automated review of documents
DAYTON, Ohio, November 1, 2005 –Pasco County Clerk of Circuit Court Jed Pittman this week, threw on the switch to an electronic filing service for selected cases under a contract with LexisNexis®, a leading provider of legal, news and business information services.
Using the LexisNexis® File & Serve system, the Pasco County Probate and Guardianship Courts will improve court operations and provide the court and attorneys with the ability to file and access court documents electronically 24 hours a day.
Pasco County court received the go-ahead from the Florida Supreme Court for the e-filing project, which is expected to lead to more e-filing projects for general civil cases in 2006, according to court officials.
Electronic filing will speed up a process that until now could take several days, and will eliminate the burden of managing large volumes of paper. With LexisNexis File & Serve, filings are processed in a fraction of the time, and judges are able to improve access to information.
“Our goal is to make sure that every file is available to every person who needs to see it,” said Judge W. Lowell Bray Jr. of the Sixth Judicial Circuit. “E-filing provides that capability and at the same time, we are able to eliminate a lot of the delay and confusion that is caused when paper files are misfiled or misplaced.”
“Florida courts manage on an incredible volume of cases, and we are able to help them do that more efficiently than ever before,” said Michele Vivona, vice president and general manager of LexisNexis litigation services. “LexisNexis File & Serve provides a tool that will not only streamline the intake process but also provide the judges, court clerks, and attorneys with better and more effective access to critical case information.”
“We selected LexisNexis File & Serve because of the successful experiences of other court jurisdictions and because the comprehensive features in the system best met our needs for an online case file and automated review of documents by clerks and judges,” said Jed Pittman, Clerk of Circuit Court.
About LexisNexis® File & Serve
With over 60,000 registered users and projects in 22 states, LexisNexis® File & Serve gives courts and law firms greater control over case file management through electronic filing and service. With a robust and secure infrastructure, LexisNexis File & Serve provides improved access to case documents and streamlines the intake process. Online clerk review and judicial action improve court operations, while the online document repository enhances care, custody and control. Law firms benefit from improved document access, automated case monitoring, and the elimination of the physical delivery of paper.
Continue reading "Pasco County Circuit Court Launches Electronic Filing Project" »
The Pasco County Clerk of Circuit Court's office took its first step Tuesday toward a paperless future.
Attorneys now must submit all documents for new probate and guardianship cases via the Internet, joining ranks with only a handful of Florida counties that also have adopted electronic filing.
The clerk's office heralded the transition as one that will increase efficiency and streamline the filing process without costing taxpayers a dime.
"It really changes the landscape of court operations and takes advantage of the technology we have today," said Rosalyn Fenton, the clerk's director of court services.
Though mostly willing to embrace change, several local attorneys expressed concern about new fees that will be passed on to their clients.
In addition to basic filing fees, attorneys now will be charged an $8 transaction fee each time they file documents through vendor Lexis-Nexis. That fee can include multiple documents under a single case.
"In order to save money for our clients, we're going to basically just save up as much as we can and file it all at once," said John Stewart, a New Port Richey probate attorney.
Fenton noted that electronic filing cuts out costs for couriers or FedEx.
The system, approved by the Florida Supreme Court in April, will allow multiple parties to view a file at once instead of requiring them to trek to the courthouses for a paper copy.
Paper copies will be kept for the next 90 days while officials ensure the new system works properly. After that, Fenton said, individuals can request them for a fee. Records also will be accessible to the public on a computer in the clerk's probate office.
Clerk Jed Pittman hopes to expand e-filing to all civil cases during the next six months. Criminal cases will be included "a ways down the road," Fenton said.
Kenneth Compton, a Zephyrhills attorney who handles wills, trusts and probate cases, submitted the first filing Tuesday in east Pasco without a hitch.
"We felt good about it," Compton said.
On the west side, veteran attorney Stewart was a bit more apprehensive. He wasn't particularly interested in the new technology. He didn't really want to buy a scanner or learn how to use it.
He also knew he didn't have a choice.
So weeks ago, his office began preparing for the change. Then, despite efforts to file two new cases before the implementation of e-filing, his office ended up being the first to transmit in west Pasco.
"This is the future apparently," Stewart said. "I'm still going to maintain paper because after 33 years, that's what I'm accustomed to.
"Attorneys, by nature, are slow to change."
Colleen Jenkins covers courts in west Pasco County. She can be reached at 727 869-6236 or cjenkins@sptimes.com
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In addition to the ability to efile, attorney and their clients also have access to the electronic case file which provides opportunities to save money for the attorney and their client as it eliminates the need to travel to the court, park, go through security, request and retrieve the file, review and return the file. Another cost saving benefit is the ability to use the system to eServe other parties in the case, eliminating the need to print, copy and mail those documents to those parties.
State’s top court to require appeals from trial courts to be filed electronically through LexisNexis® File & Serve
DAYTON, OH, October 10, 2005 - The Delaware Supreme Court has become the first appellate court in the United States to require electronic filing, effective this month, using LexisNexis File & Serve.
With the addition of the state’s highest court, Delaware continues its long history of being a technology leader. Delaware was the first state to implement e-filing in 1991, according to LexisNexis U.S., a leading provider of legal, news and business information services and the service provider for the Delaware superior court and Court of Chancery.
"Electronic filing is unquestionably beneficial to the Court and to the attorneys filing their appeals. It is more efficient and effective, and ultimately streamlines the litigation process," said Justice Henry duPont Ridgely, the chair of the Supreme Court’s eFiling Committee. Justice Ridgely was appointed chair of the eFiling Committee by Chief Justice Myron T. Steele because of his experience as President Judge of the Superior Court where electronic filing began. He now provides project leadership on behalf of the Supreme Court.
"The addition of the Supreme Court validates the degree to which e-filing has become a standard of operation for the courts and legal community in Delaware," said Michele Vivona, vice president and general manager of litigation services for LexisNexis. "The Delaware courts are an important example for other jurisdictions because of the volume and nature of cases they rule on," she noted.
In the last two years the equivalent of more than half a million documents have been electronically filed or served in cases before the Superior Court and the Court of Chancery. In the first phase of implementation, all appeals from these two courts shall be electronically filed. Other appeals will be added over the course of the next few months with all cases online within a year.
About LexisNexis File & Serve
LexisNexis® File & Serve gives courts and law firms greater control over case file management. With a robust and secure infrastructure, LexisNexis File & Serve provides improved access to case documents and streamlines the intake process. Online clerk review and judicial action improve court operations, while the online document repository enhances care, custody and control. Law firms benefit from improved document access, automated case monitoring, and the elimination of the physical delivery of paper.