Electronic Filing Resource Guide

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Resource Guide

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e-Courts West Conference.

Electronic filing, the migration of the court record from a paper to an electronic format, is revolutionizing the manner in which courts conduct their business with each other, with lawyers, and with their judicial communities. The electronic court record has been the objective of court decision makers since the early 1990s, and the court community has worked toward establishing electronic filing standards using eXtensible Mark-up Language (XML). The judicial version of XML is Global Justice XML (GJXML), which enables lawyers and other users to submit documents to multiple court systems that demand different formats. Other facets of electronic filing include digital signatures, privacy and public access, and document management.

Some courts are accepting files as e-mail attachments. Others are experimenting with one case type, such as civil or small claims, without upgrading their existing systems. And still others are extending their document management systems to allow litigants to file claims remotely. Electronic filing over the Internet is becoming commonplace as more courts seek to reduce costs and make documents more available.

Several states have updated their court rules to accept e-filing, and some states have made e-filing mandatory.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

Featured Links

Court-specific standards Electronic Filing Processes and Electronic Court Filing (ECF) Standards.

Court E-filing Survey 2011 In the summer of 2009, the NCSC commenced a survey of the usage of e-filing in state courts across the country, including U.S. Territories

Electronic Filing Vendors Electronic Filing Vendors from the NCSC Court Technology Vendor List.

Court Technology Bulletin This online version of the Court Technology Bulletin features cutting edge information about technology and the court community. (Note: Digitized copies of the printed version of the Bulletins from 1989 to 2003 are available in the Digital Archive.)

Streamlining Case Management and eFiling with Smart Electronic Forms, Documents and Processes Presentation from the Twenty-fifth Anniversary of the National Court Technology Conference of an electronic court form with interactive fields.

Court Technology Conference Presentations

Presentations from earlier National Court Technology Conferences.

Justice System Journal Articles

NACM Justice Achievement Awards

A compilation of the National Association for Court Management's Justice Achievement Awards from 2000.

Trends Articles

General

Olson, Travis, Esq. et al. A Guide to Model Rules for Electronic Filing and Services. (August 2003). LexisNexis File & Serve The purpose of this white paper is twofold: (1) To provide a practical guide for judges, attorneys, court administrators, rules committee members, and legislators to develop rules of procedure for electronic filing and service projects and (2) To provide a basis for standardization of uniform electronic filing and service rules for state courts to adopt.

Cost Benefit Analysis. Clark County District Court, Nevada A comparison of the cost of filing of a 15-page document via U.S. Mail, Federal Express, and legal runner service to the cost of filing the document online electronically from Wiznet E-File&Serve.

Schanker, David E-filing in State Appellate Courts. (February 2010). Clerk Wisconsin Supreme Court and Court of Appeals on behalf of National Conference of Appellate Court Clerks (NCACC) This White Paper is based on a survey of electronic filing in state appellate courts conducted by the NCACC in the summer and fall of 2009, supplemented with information gathered from state judicial Web sites.

Alphonso. Sylvia. E-Filing White Paper. (March 2009). Technology Experience Bulletin TEB: 2009-01, Court Information Technology Officers Consortium The purpose of this white paper is to discuss the electronic filing system implementation project that was done at the Supreme Court of Nevada (Court).

Carlson, Alan. Electronic Filing and Service: An Evolution of Practice. (November 2004). Justice Management Institute Recent advancements in technology have made it possible to exchange this information electronically instead of relying on paper. There are significant advantages to doing so, and courts should be actively pursuing this new approach.

Executive Order D-17-00. (September 2000). Executive Department, State of California Order issued by the governor of California to ensure that state agencies and departments implement electronic technologies that will allow the people of California to receive government services and interact with state government.

Online Articles

Shelton, Hon. Donald All Aboard? Electronic Filing and the Digital Divide. Washtenaw County Trial Court, Ann Arbor, Michigan It is clear that the concept of electronic filing in our courts is taking off. What is not clear is whether this new technology will really increase access to the judicial system or whether it will have the opposite effect.

Delaware Courts Lead Nation in Use of Electronic Filing. (January 2008). Government Technology Magazine LexisNexis File & Serve, is the technology used by the Delaware Court of Chancery and the Delaware Superior Court to facilitate their e-filing needs.

Kravets, David Internet Endangers Big City Tradition - The Bike Messenger. (August 2008). Wired In a world where documents travel by e-mail and the web, and electronic signatures are legally binding, the business of moving physical wood pulp from point A to point B is struggling.

Walker, Linda and James McMillan. JusticeLINK Pilot Project. (September 1997).

Evaluation and final report of project introducing electronic filing and access service in the Circuit Court for Prince George's County, Maryland. JusticeLink was one of groundbreaking electronic filing endeavors.

Marek, Lynne Patchwork E-Filing Frustrates Lawyers. (February 2008). Legal Technology, Law.com Cook County is one of many U.S. counties, including San Diego in California and Kings in New York, that hasn't kept pace with 21st-century technological advances that have enabled electronic systems to come to some state courts, such as the Maricopa County Superior Court in Arizona and the district courts of Harris County in Texas

McKenna, Corey. St. Louis County MN Pilots Electronic Filing of Criminal Complaints . (June 2009). Digital Communities. The eCharging Service is expected to save a half hour per DWI arrest and 45 minutes per criminal complaint for a total statewide annual savings of 95,000 staff hours valued at $1.9 million.

Sarvilinna, Sami. The Uses of Electronic Filing - A Finnish Perspective. (August 2001).

Scholarship winning paper from the Seventh National Court Technology Conference.

Mandatory E Filing

D. C. Circuit Begins Mandatory Electronic Filing. (September 2009). The BLT: The Blog of LegalTimes The court is requiring lawyers to file all documents electronically, a move that allows 24-hour access to those documents. The court has permitted voluntary electronic filing since June and provided training sessions.

Mandatory E-Filing and Exceptions. Connecticut Judicial Branch With some exceptions, e-filing of all civil types became mandatory as of December 5, 2009. As of September 1, 2009, e-filing became mandatory in all foreclosure matters. Mandatory civil e-filing does not include family cases.

Update on King County Superior Court on Mandatory E-Filing. King County Superior Court Clerk`s Office, Seattle, Washington Mandatory electronic filing for attorneys in King County Superior Court started July 1, 2009. Pro Se parties may choose to e-file but are not required to do so.

Training Manuals

McMillian, James, J. Douglas Walker and Lawrence Webster. A Guidebook for Electronic Court Filing. (1999). NCSC.

322 pages. This historical guidebook was written primarily for policy makers in the court, government, and law firms who must decide if, when, and how to begin electronic filing. It is written for the lawyers, administrators, technologists, judges, and others charged with making it happen.

Case File Xpress User`s Manual . (November 2005). Washington, D.C., Superior Court

"CaseFileXpress makes it easy to eFile and eServe court documents no matter where you are and no matter what time it is. The process is simple and we guide you every step of the way."

Civil E-Filing: A Guide to External Users. (April 2007). Judicial Branch: State of Connecticut Comprehensive manual for filing civil cases electronically.

Electronic Filing Guidelines. The Superior Court of Maricopa County This is a dynamic document and will periodically reflect changes and updates with the electronic filing process as they are approved and directed by the Court. See also E-Filing Training Videos.

Guide to Electronic Filing. (March 2008). Hamilton County Clerk of Courts, Ohio State of Ohio. Manual for the electronic filing of documents in Hamilton County.

Judiciary Electronic Filing Imaging System (JEFIS) Attorney Manual . (September 2007). Administrative Office of the Courts, State of New Jersey This manual provides guidance on the initial computer set-up for JEFIS use, as well as instructions on e-filing via JEFIS. (pdf)

New York State Courts E-Filing (NYSCEF). New York State Unified Court System The New York State Unified Court System has established “NYSCEF,” a program that permits the filing of legal papers by electronic means with the County Clerk and the courts in certain case types in designated venues, as well as electronic service of papers in those cases. The site offers a "Practice System" and a "User Manual and FAQs."

Video Webinars for Electronic Filing. Cook County Clerk of Courts Training Videos for attorneys and pro se litigants.

Digital Signature

Digital Signature Guidelines. American Bar Association Free Download from the ABA. The "Guidelines" describe a system for ensuring the identity of the holder of a private key, for making digital signatures as usable in commerce and in legal proceedings as a written signature on paper,

Uniform Electronic Transaction Act. (2009). 2009 Florida Statutes Act relating to Digital Signature and electronic transactions.

E filing Standards

7 Steps to Electronic Filing with ECF 4.0. OASIS LegalXML Court Filing Technical Committee A Quick Start Guide to assist with the minimum requirements to implement e-Filing with the OASIS Electronic Court Filing 4.0 Specification.

Electronic Court Filing Version 4.0. (September 2008). OASIS LegalXML Electronic Court Filing Technical Committee This specification describes the technical architecture and the functional features needed to accomplish a successful electronic court filing system, and defines both the normative (required) and non-normative (optional) business processes it supports.

Electronic Filing Standards Project. (March 2001). California Administrative Office of the Courts California elected to join in a nationwide standards setting effort and adopted an approach of consultation and consensus among the parties who can make electronic filing happen.

Federal Courts

Case Management--Electronic Case Filing (CM-ECF). U.S. Bankruptcy Court, District of New Mexico For attorneys and case trustees, electronic submission of documents is mandatory in this court. Currently, there are no provisions for persons filing bankruptcy cases without an attorney to file electronically.

Electronic Case Filing. U.S. Court for the District of Columbia The Administrative Office of the U.S. Courts selected the U.S. Court for D.C. as one of the courts to pilot the Case Management/Electronic Case Filing (CM/ECF) system.

Electronic Filing by Probation and Pretrial Services Speeds Up Court Process, Reduces Paper. (February 2010). The Third Branch -

Probation and pretrial services offices looking for a way to save time and money, move cases faster, and eliminate paper should take a new look at a familiar system that’s tested, ready, and available right now in the federal courts. Article begins on page 7.

Policy and Procedures. Electronic Filing System in the Southern District of New York Bankruptcy Court. Users need a court-issued login and password to use the system.