electronic Filing & Service for Courts

Series: The whole world uses technology more than the judiciary.....

... 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.

Anne Arundel, Maryland....get's it

The Circuit Court for Anne Arundel County began its study of electronic filing (efiling) in 2004. At that time, the court began the process of looking at different models for efiling, meeting with a variety of vendors as well as evaluating the court's own readiness for a project of this type. In 2005, in accordance with the Maryland Rules, the Court drafted an Efiling Pilot Proposal which was then submitted to the State Court Administrator and the Maryland Court of Appeals. As the plan was being finalized, the Court was also working to create an effective model of how electronic filing could work in Anne Arundel County and potentially the State of Maryland.

The Court chose LexisNexis Courtlink, Inc. because of its track record of more than 130 courts in production, the minimal overall cost to the Court, its proven project methodology and expertise. LexisNexis Courtlink, Inc. also provides free 24/7 support, and has a demonstrated performance in Baltimore City and is willing to facilitate and implement an information transfer between the electronic filing system and UCS, the backend system provided by JIS that the Circuit Court for Anne Arundel County has been using since mid 2003.

In 2005, LexisNexis Courtlink, Inc. conducted an electronic filing analysis for the court. One of the tasks carried out was the definition of current paper based workflow at the court and the design of new workflow that would help bring about the benefits of electronic to operations and for the Court's stakeholders. Another task involved the analysis of case and filing data that was graciously provided by Maryland's Judicial Information Services Dept.

On October 11 2006, Circuit Court Administrative Judge Joseph Manck and Clerk of the Court Robert Duckworth led a delegation which met with the Judges of the Court of Appeals and the State Court Administrator to discuss the proposed efiling pilot project. As a result, the Court of Appeals issued an order (see link below), on October 13, approving the Circuit Court for Anne Arundel County's plan. The electronic filing “pilot project” will test how well our court can accomplish the goal of an integrated electronic filing system.

Maryland .... Get's It!

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

LexisNexis File & Serve Surpasses One Million Online Cases

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.

LexisNexis Service of Process the Latest Tool in the LexisNexis Suite of Litigation Services

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.

E-Filing and The Learning Curve

Tom Mighell of Corante agreed in principle with Making it Mandatory qualifying that support with the suggestion that courts begin efiling as an option with the notice that at some point in the future that it be made mandatory. He also emphasizes the importance of efile training to be offered to filers. Lastly, he brings up a recent suit filed in Federal court in Texas by an attorney who suggests he lacks the necessary computer skills to file electronically.

In fact what Tom suggests is exacly what has happened in those courts who have gone mandatory...a phased in approach with a time set in the future as to when they expect to go mandatory. Also the Feds do provide training and support but it is not consistent across the nation. For state courts, 3rd party providers like LexisNexis File & Serve provide the training and 24/7 customer support.

As to the lawsuit, it reminds me of whether an attorney should use computer assisted legal research services like Lexis or Westlaw. At least one case , Wehr v. Burroughs Corp., 619 F.2d 276, 285 (3d Cir 1980) states..."Use of computer-aided legal research such as LEXIS, or WESTLAW, or similar systems, is certainly reasonable, if not essential, in contemporary legal practice."

We'll have to see how the Texas case plays out, but it seems to me that a finding of 'reasonable, if not essential, in contemporary legal practice" may be the finding of the court in regards to efiling.

Steve, of the Southwest Virginia Law Blog thinks efiling is already mandatory everywhere and agrees that it should be mandatory. Actually, Federal Bankruptcy Court is the only nationwide court where mandatory efiling is the rule...but...more and more federal courts are going that way...and the state courts who have efiling (Colorado and Delaware have the only statewide systems) are moving in that direction.

In addition to the notion of mandatory, state courts who continue to explore how they can build their own efile system should take note of the comments regarding training and support for the filers who use the system. I am not aware of any successful state court in-house developed efiling system and also know that they totally underestimate the training and support infrastructure they need to also build in support of that in-house developed efiling system. More on that subject in a future post.

Thanks to Mike and Steve for their published responses in their respective blogs.

The Benefits of Mandatory eFiling

Once a Court decides to implement eFiling the next decision is when and whether to go mandatory.

The 'fear' to making the decision to go mandatory is that it will inconvenience some filers who are not equipped or trained to electronically file into the Court. The reality is that most attorneys have the necessary equipment (PC, Scanner, Internet Connection) and the training (they or their staff) to file electronically. Additional training to use the eFile system can be provided by the eFile provider.

For pro se and pro per litigants they can be assisted to file electronically by the Clerk's staff who assist them to file today in a paper based system...and even better: Select an eFile provider who can provide this support 24/7 to any filer!

The reasons and benefits to making eFiling mandatory include:

1) Eliminates the need for two forms of intake at the Court and the demands that makes on personnel
2) Creates the complete electronic docket allowing all parties 24/7/365 access.
3) Allows the full benefit of electronic service to be enjoyed by all parties involved inthe case.

The Federal Courts understand the importance of mandatory eFiling. It is mandatory in Bankruptcy Court and accelerating in the rest of the Federal System. There are also some state courts that are also moving in this direction.
In my opinion, the benefits of mandatory eFiling outweigh the true reason to not go mandatory: Change

Pennsylvania: Middle District Federal Court Working To Register Lawyers With Electronic Filing System

From the Pennsylvania Law Weekly

About 260 of 442 attorneys have complied with a Feb. 2 order from the U.S. District Court for the Middle District of Pennsylvania to register with the court's Electronic Case Filing system, according to Chief Judge Thomas I. Vanaskie.

Most attorneys practicing before the court registered with the system pursuant to an October 2004 standing order, but Vanaskie said 442 attorneys were still noncompliant as of Feb. 2.

The court's order gave attorneys 20 days to comply with the mandatory electronic filing policies and procedures of the Middle District or to show cause "in writing why they should not be required to file documents through the Court's electronic case filing system."

"A number of attorneys have requested waivers, and three waivers have been granted," Vanaskie said. "I have 25 waivers pending."

Many of the 130 attorneys that still have not registered come from larger firms, where other members have registered with the Electronic Case Filing system and are filing case documents electronically, Vanaskie said. Now, it's just a matter of getting those unregistered attorneys on board, even if they are not directly filing case documents with the electronic system.

"We are asking those lawyers to register if they're not registered so we're not sending out paper copies to them," Vanaskie said. "It's posing a burden on us we'd like to avoid if we can."

Vanaskie said in real numbers there are probably less than 130 attorneys who are still noncompliant, since some of the attorneys on the list no longer practice before the court or have moved on to other posts. For instances, D. Michael Fisher, the former state attorney general and current 3rd Circuit court judge, is one name the court came across on its list of 130 attorneys who have yet to register with the filing system.

Vanaskie said there are really only a handful of attorneys practicing in the Middle District who have yet to register with the case filing system.

- Christopher Lilienthal, Of the Law Weekly

New Jersey: Federal Court makes eFiling Mandatory

U.S. District Court, District of New Jersey

O R D E R

Effective January 31, 2005, electronic case filing will be mandatory for all civil and criminal cases other than pro se cases.

Requests by attorneys for an exemption to the mandatory policy will be considered for good cause hardship only, and will be reviewed on an individual basis by the Court. The Clerk's Office provides an electronic filing training program to assist attorneys filing electronically. Before seeking hardship exemption, attorneys are advised to participate in the training program or otherwise seek the assistance of the Clerk's Office.

For the Court

John W. Bissell

Chief Judge

Date: January 31, 2005

Georgia: Fed Courts Prepping for Mandatory E-Filing

From the Fulton County Daily Report, February 1, 2005

Just 15 minutes before the federal clerk s office closed Jan. 24, two runners for law firms found themselves barred by a broken sprinkler from delivering a last-minute court filing. They were absolutely in a panic, U.S. Clerk of Court Luther D. Thomas recalled. The burst sprinkler had set off the building s fire alarms, causing the elevators automatically to descend to the ground floor and remain there. As the runners contemplated how to clear a security barrier on the 15th floor and whether to climb 22 flights of stairs to the clerk s office, Thomas said, we thought we were going to have a little bit of a scene.

I ve got to get up there, one runner told the clerk. My law firm won t understand. That kind of last-minute race to the courthouse to meet filing deadlines before the clerk s office closes at 4:45 p.m. can be avoided now with electronic filing an optional system that becomes mandatory on July 15 for the 12,000 to 15,000 attorneys who are members of the federal bar in Georgia s Northern District. Under the electronic system, attorneys can file documents anytime prior to midnight and meet court deadlines for that day. Electronic filing of court documents became an option for lawyers practicing in the Northern District last July. But court administrators are now requiring members of the federal bar, including attorneys admitted pro hac vice, to obtain a login and password that will permit them, beginning July 15, to file electronically all documents except for initial complaints and criminal indictments. An order last year by U.S. District Judge Orinda D. Evans, the Northern District s chief judge, will require, by July, that the vast majority of court documents be filed electronically. Except for initiating documents in a case, those filed under seal or those filed by pro se litigantsoall of which still will have to be filed on paper filings will have to be made electronically. Unless our procedures allow you to file manually, you can t show up [with a paper filing] without the leave of the court, said Chief Deputy Clerk James N. Hatten. Computerized case filings also will allow attorneys to file 24 hours a day, seven days a week from anywhere in the world, Hatten said.