5. IMPLEMENT RULES TO ACCOMMODATE E-FILING TECHNOLOGY.
Amendments to the statutes or rules that govern procedure or case management orders are usually needed to address the unique aspects of electronic filing and service — aspects that are not contemplated with paper-based filing. The use of electronic signatures and the extension of filing deadlines beyond court hours are just two examples of the impact of using the Internet.
Before a jurisdiction can begin accepting electronic filings, rules authorizing electronic filing need to be formally adopted. Because the attorneys and litigants who will be filing electronically need to have time to review and become familiar with the rules, it is recommended that jurisdictions begin an e-file project no sooner than six weeks after the rules become final. Although developing a training program for litigants and attorneys is beyond the scope of this paper, the new rules are an important part of the training. Depending on the scope of rule implemented in the jurisdictions, lead times for identifying and assembling rules committees and judges should begin early in the implementation process.
At a minimum, the electronic filing procedural rules should:
• Define the scope and elements of the electronic filing system
• Authorize electronic filing and service
• Clearly specify the procedural mechanics and deadlines
• Include a policy statement encouraging the use of e-filing
Thanks to: Travis Olson is the national director for LexisNexis® File & Serve Implementation. He has advised courts and attorneys across the country on how to implement e-filing and has successfully implemented projects in several states. Olson is also an attorney.
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