Texas eFiling for Courts eFiling: A Tutorial

transcript

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

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• 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

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Texas eFiling – The History

• Jefferson – 1995

• Montgomery – 1997

Two counties pioneered eFiling in Texas

Selected civil cases in district courts

Contracted with LawPlus

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Texas eFiling – The HistoryIn the beginning, there were attorneys and clerks …

Attorneys

Clerks

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Texas eFiling – The HistoryAttorneys needed to file documents with the clerks … lots of documents!

Attorneys

Clerks

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*EFSPs: Electronic Filing Service Providers

EFSPs* Clerks

Attorneys

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Clerks1

Counties contracted with a service provider (LawPlus)

EFSPs*

AttorneysA

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Clerks1

Counties contracted with a service provider (LawPlus)

EFSPs*

AttorneysA

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Clerks1

Other counties may contract with other service providers

EFSPs*

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Clerks1

AttorneysA

Attorney may contract with different service providers to file in different counties

EFSPs*

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Clerks1

Simple model for counties …

EFSPs*

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Complex model for attorneys … multiple accounts and standards

Clerks1

AttorneysA

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• 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

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§ 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

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Statewide technical standards and rules

Open competition for service providers

Single, standard statewide portal (EFM)

JCIT’s intent

Texas.govwww.texas.gov

• Official website of the State of Texas

Texas.gov

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Texas.gov eFiling Solution

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Same players as before …

AttorneysA

Clerks1

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But now, in addition to service providers …

AttorneysA

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We add eFiling for Courts, the state’s electronic filing manager (EFM) or “post office”

AttorneysA

Clerks1

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Clerks connect to eFiling for Courts

Clerks1

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Service providers connect to eFiling for Courts

Clerks1

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Attorney chooses a single service provider

AttorneysA

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AttorneysA

Attorneys choose a single service provider

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eFiling for Courts serves clerks and service providers as the “post office”

AttorneysA

Clerks1

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Standard XML metadata for management system import

AttorneysA

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XML XML pdfpdf Vist

OdyLocal

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Attorneys can electronically serve copies on opposing counsel at the same time that they e-file with the court.

AttorneysA

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e-Service of copies

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Attorneys can electronically serve opposing counsel with discovery requests, disclosures, responses, and notices that are not filed with the court.

AttorneysA

Clerks1

eService Plus

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AttorneysA

Clerks1

Orders, notices, settings

Judges can issue orders, notices, and settings to parties electronically.

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TexasOnline features

• Secure filer authentication

• Court fee and filing information online

• File-stamped copy to filer

• Data kept private and not sold

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• 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

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Filer accesses accountTexas.gov eFiling Solution

Filer enters information

1. Select jurisdiction2. Enter case

information3. Enter payment

information4. Attach

document(s)5. Submit filing

Filer Submits DocumentTexas.gov eFiling Solution

Filer Receives AcknowledgementFrom: eFilingStg@texasonline.state.tx.usSent: Tuesday, August 22, 2006 10:24 AMTo: voefiling@yahoo.comSubject: 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

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Clerk Opens Inbox

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Clerk Reviews Filing

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IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS

298TH DISTRICT COURT

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Clerk Accepts Filing

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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

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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

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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

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Attorney Perspective

San Antonio Express News

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• 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

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• 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

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• 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

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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

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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

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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

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• e-Filing order

• e-Service order

• Electronic orders

• Global “opt-in” for electronic service

Noteworthy Provisions:

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• 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:

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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….

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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?

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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.

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• 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

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?

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• Project underway

• 1st and 14th Appellate Courts

• Supreme Court

What about e-Filing in appellate courts?

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eFiling Overview

Questions?

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For more information:

www.texas.gov/efiling

www.courts.state.tx.us/jcit

eFiling Overview

www.texasonline.com