texas.gov efiling for courts efiling: a tutorial hosted by: region 5 clerks conference presented by:...
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Texas.gov eFiling for CourtseFiling: A Tutorial
Hosted By: Hosted By: Region 5 Clerks ConferenceRegion 5 Clerks ConferencePresented by: Presented by: Jake Stine, Texas.govJake Stine, Texas.gov
March 11, 2011March 11, 2011
Houston, Texas
May 12, 2010
www.texas.gov
Agenda▸ Why do we need e-Filing?▸ Texas e-Filing – The History▸ The Texas.gov e-Filing Solution▸ Texas e-Filing Rules▸ Participating Counties and Courts▸ Frequently Asked Questions▸ Question and Answer
www.texas.gov
Why Do We Need e-Filing?
• Attorneys submit documentation using paper hard copy• Filings are delivered via mail, certified mail, courier, or in person• Clerks use paper to notify attorneys of filing acceptance• Attorneys and clerks must physically store all paper filings
The impact: 80% of surveyed judges say the volume of paper is an increasing problem
The Problem: Paper process is not efficient
www.texas.gov
• Attorney submits filing electronically via the Internet• Filing can be submitted 24 hours a day, 7 days a week,
from any location with Internet access
Texas eFiling EnvironmentThere is a better way …
• Clerk reviews and accepts document electronically• Filer is notified via the Internet• Court files are updated
• Attorney prepares document electronically
www.texas.gov
Texas eFiling – The History
• Jefferson – 1995
• Montgomery – 1997
Two counties pioneered eFiling in Texas
Selected civil cases in district courts
Contracted with LawPlus
www.texas.gov
Texas eFiling – The HistoryIn the beginning, there were attorneys and clerks …
Attorneys
A
B
C
D
E
Clerks
1
2
www.texas.gov
Texas eFiling – The HistoryAttorneys needed to file documents with the clerks … lots of documents!
Attorneys
A
B
C
D
E
Clerks
1
2
www.texas.gov
*EFSPs: Electronic Filing Service Providers
Texas eFiling – The History
X
EFSPs* Clerks
1
2
Attorneys
A
B
C
D
E
www.texas.gov
Texas eFiling – The History
Clerks1
2
Counties contracted with a service provider (LawPlus)
X
EFSPs*
AttorneysA
B
C
D
E
www.texas.gov
Texas eFiling – The History
Clerks1
2
Counties contracted with a service provider (LawPlus)
X
EFSPs*
AttorneysA
B
C
D
E
www.texas.gov
EFSPs
Clerks1
2
Other counties may contract with other service providers
Texas eFiling – The History
Y
Z
3
4
5
6
X
EFSPs*
www.texas.gov
Clerks1
2
3
4
5
6
AttorneysA
B
C
D
E
Attorney may contract with different service providers to file in different counties
Texas eFiling – The History
Y
Z
X
EFSPs*
www.texas.gov
Clerks1
2
3
4
5
6
Simple model for counties …
Y
Z
X
EFSPs*
www.texas.gov
Texas eFiling – The History
Complex model for attorneys … multiple accounts and standards
X
Y
Z
EFSPs
3
4
5
6
Clerks1
2
AttorneysA
B
C
D
E
?
www.texas.gov
Texas eFiling – The History
• eFiling works
• Single service model is …
Good for counties
x Not so good for attorneys
• Need statewide standards
Lessons learned from the first two counties
www.texas.gov
Texas eFiling – The History
§ 77.031, Texas Government Code:
The (Judicial Committee on Information Technology) shall…develop minimum standards for an electronically based document system to provide for the flow of information within the judicial system in electronic form and recommend rules relating to the electronic filing of documents with courts;
JCIT eFiling Charge
www.texas.gov
Texas eFiling – The History
Statewide technical standards and rules
+
Open competition for service providers
+
Single, standard statewide portal (EFM)
=
JCIT’s intent
Texas.govwww.texas.gov
Texas eFiling – The History
• Official website of the State of Texas
Texas.gov
www.texas.gov
Texas eFiling – The History
www.texas.gov
Texas.gov eFiling Solution
www.texas.gov
Same players as before …
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
Clerks1
2
www.texas.gov
Texas.gov eFiling Solution
But now, in addition to service providers …
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
Clerks1
2
Texas.gov eFiling Solution
www.texas.gov
We add eFiling for Courts, the state’s electronic filing manager (EFM) or “post office”
EFM
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
Clerks1
2
Texas.gov eFiling Solution
www.texas.gov
Clerks connect to eFiling for Courts
Clerks1
2
3
4
5
6
EFM
www.texas.gov
Texas.gov eFiling Solution
Service providers connect to eFiling for Courts
Clerks1
2
3
4
5
6
EFM
X
EFSPs
Y
Z
www.texas.gov
Texas.gov eFiling Solution
Attorney chooses a single service provider
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
www.texas.gov
Texas.gov eFiling Solution
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Attorneys choose a single service provider
Texas.gov eFiling Solution
www.texas.gov
eFiling for Courts serves clerks and service providers as the “post office”
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
EFM
www.texas.gov
Texas.gov eFiling Solution
Standard XML metadata for management system import
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
EFM
DMS
DMS
CMS
CMS
CMS
DMS
XML XML pdfpdf Vist
aHart
TSG
Max
OdyLocal
www.texas.gov
Texas.gov eFiling Solution
Attorneys can electronically serve copies on opposing counsel at the same time that they e-file with the court.
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
EFM
e-Service of copies
Texas.gov eFiling Solution
www.texas.gov
Attorneys can electronically serve opposing counsel with discovery requests, disclosures, responses, and notices that are not filed with the court.
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
EFM
eService Plus
www.texas.gov
Texas.gov eFiling Solution
X
EFSPs
Y
Z
AttorneysA
B
C
D
E
Clerks1
2
3
4
5
6
EFM
Orders, notices, settings
Judges can issue orders, notices, and settings to parties electronically.
Texas.gov eFiling Solution
www.texas.gov
TexasOnline features
• Secure filer authentication
• Court fee and filing information online
• File-stamped copy to filer
• Data kept private and not sold
Texas.gov eFiling Solution
www.texas.gov
• Filer logs on to service provider
• Filer enters information
• Filer submits filing
• Clerk reviews filing online
• Clerk accepts filing
• Filer receives confirmation and copy
TexasOnline eFiling process
Texas.gov eFiling Solution
www.texas.gov
Filer accesses accountTexas.gov eFiling Solution
Filer enters information
1. Select jurisdiction2. Enter case
information3. Enter payment
information4. Attach
document(s)5. Submit filing
Texas.gov eFiling Solution
Filer Submits DocumentTexas.gov eFiling Solution
Filer Receives AcknowledgementFrom: [email protected]: Tuesday, August 22, 2006 10:24 AMTo: [email protected]: Filing Trace Number ED126J010150507 has been received by the eFiling for Courts
PLEASE DO NOT REPLY TO THIS E-MAIL. This email acknowledges that a filing with the following information was received from the Electronic Filing Service Provider and has been transmitted successfully to eFiling for Courts: eFiling for Courts Received Date/Time: Tuesday, August 22, 2006 10:24 AMDelivered to Court: Johnson DistrictTime Zone of Jurisdiction: (GMT-06:00) Central Time (US & Canada)Trace Number: ED126J010150507Official Date/Time: Tuesday, August 22, 2006 10:24 AMCause Number: Style/Case Name: Alien vs. PredatorTitle of Document: Motion for Summary Judgment.pdf Thank you,eFiling for Courts
www.texas.gov
Texas.gov eFiling Solution
Clerk Opens Inbox
Texas.gov eFiling Solution
www.texas.gov
Clerk Reviews Filing
Texas.gov eFiling Solution
Clerk Reviews Filing
Texas.gov eFiling Solution
www.texas.gov
IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS
298TH DISTRICT COURT
Clerk Reviews Filing
Texas.gov eFiling Solution
www.texas.gov
Clerk Accepts Filing
Texas.gov eFiling Solution
www.texas.gov
Filer Receives Confirmation
PLEASE DO NOT REPLY TO THIS E-MAIL.This e-mail serves as your receipt.
FILING INFORMATIONCase/Cause Number: 8975Filing Type: DivorceFiling Attorney: Tran PhamClient Matter #: 444461Style/Case Name: Hyde vs. Jekyll Sealed Indicator: No
Status: CONFIRMATIONDate of Status: Monday, March 05, 2007 8:49 AMCourt/Calendar: County Court at LawFiling Trace Number: ED027J010151580Comments: Thanks for eFiling
**Filing Status LegendConfirmation - Your filing has been reviewed and accepted by the clerk.Alert - Your filing has been reviewed and rejected by the clerk.
PAYMENT INFORMATIONPayment Method: VISA Amount: $233.13Payment Status: paid
Texas.gov eFiling Solution
www.texas.gov
IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS
298TH DISTRICT COURT
FILED11 March 2011
Gary Fitzsimmons
District Clerk
Dallas County
Texas.gov eFiling SolutionFiler Receives Stamped Copy
www.texas.gov
Advantages For Clerks and Courts
• Possible paper and data entry reduction
• No check or credit card problems
• Payment guaranteed
• No scanning of e-filed documents
- Travis pilot: 26 minutes to DMS
• Issue orders, notices, settings
Texas.gov eFiling Solution
www.texas.gov
Attorney Perspective
San Antonio Express News
www.texas.gov
Texas.gov eFiling Solution
www.texas.gov
Texas.gov eFiling Solution
• Ease of 24/7 filing
• Fee calculation on screen
• File stamped receipt
• Secure payment system
• Electronic service of copies
• Receive orders, notices, and settings
Advantages For Attorneys
www.texas.gov
Texas.gov eFiling Solution
• One statewide filing standard
• Save time and money
Send document as created
No printing, copying, or postage
No courier, or runner, or self-delivery
Less stress and chaos
Advantages For Attorneys
www.texas.gov
Texas.gov eFiling Solution
• Manual Filing Preparation Steps vs. e-Filing Steps
X Estimated staff time, manual: 106 minutes
Estimated staff time, e-filing: 23 minutes
• Worth noting…
• A paralegal submitted 40 e-filings in two hours
• A paralegal received filestamped copy in 26 seconds
• Filings available to Judge in less than 30 minutes vs. 13 hours
Advantages For Attorneys
Texas.gov eFiling Solution
www.texas.gov
Texas e-Filing RulesStandard Local Rules
Filing Mechanics 4.1 TexasOnline
4.2 Signatures
4.3 Time Document is Filed
4.4 Filing Deadlines not Altered
4.5 Multiple Documents
4.6 Official Document
4.7 E-mail Address Required
4.8 Document Format
General Provisions
1.1 Purpose
1.2 Effect on Existing Local Rules (fax filing)
1.3 e-Filing Optional Unless Ordered by Court
Definitions
2.1 Specific Terms
2.2 Application to Pro Se Litigants
Applicability
3.1 Scope
3.2 Clerks
3.3 Documents That May Be Applied 3.4 Documents Containing Signatures
Texas.gov eFiling Solution
www.texas.gov
Texas e-Filing Rules
Service of Documents Other Than Citation
5.1 Electronic Service of Documents Permissible
5.2 Completion of Service and Date of Service
5.3 Time for Action After Service
5.4 Certification of Service
Electronic Orders and Viewing of Electronically-Filed Documents
6.1 Courts Authorized to Make Electronic Orders
6.2 Viewing of Electronic-filed Documents
Miscellaneous Provisions
7.1 Assigned Court to Resolve Disputes
7.2 Rule Guiding Interpretation
Standard Local Rules
www.texas.gov
Texas.gov eFiling Solution
Texas e-Filing RulesDocuments That May Not Be Filed
•Citations or writs bearing the seal of the court
•Returns of Citation
•Bonds
•Wills
•Subpoenas
•Proof of Service Subpoenas
•Documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents
•Documents sealed pursuant to TEX.R.CIV.P.76a
•Documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code
Texas.gov eFiling Solution
www.texas.gov
• e-Filing order
• e-Service order
• Electronic orders
• Global “opt-in” for electronic service
Noteworthy Provisions:
Texas e-Filing Rules
Texas.gov eFiling Solution
www.texas.gov
• Time stamps
• Automatic acceptance by clerk
• No “death penalty”
- “7.2 These rules shall be liberally construed so as to avoid undue prejudice to any person on account of using the electronic filing system or sending or receiving electronic service in good faith.”
Noteworthy Provisions:
Texas e-Filing Rules
Texas.gov eFiling Solution
www.texas.gov
TexasOnline e-Filing Counties Counties: 49 so far……..
• Current Counties: Austin, Bandera, Bee, Bell, Bexar, Brazoria, Brazos, Burnet, Cameron, Cass, Chambers, Collin, Comal, Dallas, Denton, DeWitt, El Paso, Fayette, Fort Bend, Goliad, Grayson, Guadalupe, Hale, Harris, Hays, Hidalgo, Jackson, Johnson, Kerr, Lubbock, McLennan, Midland, Moore, Nueces, Potter, Randall, San Patricio, Smith, Tarrant, Tom Green, Travis, Upton, Victoria, Waller, Webb, Williamson, Wilson
• Coming soon: Brooks, Calhoun, Galveston, Harrison, Henderson, Hood, Liberty, Medina….
Texas.gov eFiling Solution
www.texas.gov
TexasOnline eFiling TexasOnline eFiling SolutionSolution
Texas.gov
Attorney submits filing Friday, 7:15 p.m.
Time stamp captured (EFSP) Friday, 7:15 p.m.
Clerk accepts filing Monday, 3:37 p.m.
Time stamp is applied to document Monday, 3:37 p.m.
Time stamped on document is Friday, 7:15 p.m.
When are the time and date stamp are applied to electronic filings?
Texas.gov eFiling Solution
www.texas.gov
What fees are associated with e-Filing? • Registration, subscription fees $0• Transaction fees
• Texas.gov $4
• Service Provider $2 - $10
• County eFiling Fee $0 - $5
• Total $6 – $19 per filing• Credit card fee 2.25%
Electronic Service is $4.50 - $10 for any number of parties served.
Texas.gov eFiling Solution
www.texas.gov
• Receive immediate e-mail acknowledgment that your filing was submitted successfully
• Receive confirmation of acceptance from the Clerk
How do I know my filing was submitted?
IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS
298th District CourtFILED
11 March 2011
Gary Fitzsimmons
District Clerk
Dallas County
Texas.gov eFiling Solution
www.texas.gov
• Yes
• Rule 93 of TRCP defines verified pleadings
- 16 situations require affidavits
• Local e-Filing Rule 3.4(a) provides that:
"[a] document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image."
Can verified pleadings be e-filed?
Texas.gov eFiling Solution
www.texas.gov
• Project underway
• 1st and 14th Appellate Courts
• Supreme Court
What about e-Filing in appellate courts?
Texas.gov eFiling Solution
www.texas.gov
eFiling Overview
Questions?
www.texas.gov
For more information:
www.texas.gov/efiling
www.courts.state.tx.us/jcit
eFiling Overview
www.texasonline.com