E-Filing a Document. Thursday, June 14, Dwight E. Brock Collier Clerk of Courts

Transcription

1 E-Filing a Document Thursday, June 14, 2012 Dwight E. Brock Collier Clerk of Courts

2 What is efiling? A Method to File Court Case Documents Electronically with the Clerk of Courts How: By utilizing the Statewide efiling Portal sponsored by the FACC 2

3 How it Works: Filing with the Statewide eportal Local/Statewide Filers Private Attorney's State Attorney Public Defender Statewide eportal ECF XML Replaces 2 Delivery Methods In Person Mail 67 Clerks of Court Case Initiation, Indexing, Docketing Fee Collection and Accounting Local Clerk CMS

4 efiling Portal Functionality The efiling Portal consists of: efiling and erecording Capability Single statewide login for all users Single web access used to submit documents Provide for transmissions to/from the local Case Management Systems Provide electronic notifications 4

5 Getting Started: Register/Set up an account on the eportal: Tip: All filings are submitted on the behalf of an attorney, therefore all accounts must contain the attorney's bar number. Many firms create generic accounts per attorney. 5

6 Register Now 6

7 Fill out the Registration 7

8 Tips For Registering It s good practice to set up a generic account Set up alternative addresses or a distribution account so that others can see what was filed, receive notifications and access the filings Remember to reset the password when staff is no longer employed Read the Filer Documentation. 8

9 2 Methods to efile Simple efile: Used for filing criminal, traffic and Probate cases with the Collier Clerk. Limits filings on existing cases only with no additional fees for the filing. Full efile: Used for filing new and existing Civil Cases. Filings may have fees associated with them. 9

10 Simple E-File 10

11 Simple efile: Submit a Document 11

12 Simple efile: Enter case number 12

13 Simple efile: Browse Document & Add File 13

14 Simple efile: Submit 14

15 Full efiling (Civil) New Case 15

16 Full efiling (Civil) New Case 16

17 Full efiling (Civil) New Case Select Case Type 17

18 Full efiling (Civil) New Case Select SubType 18

19 Full efiling (Civil) New Case Enter Civil Info 19

20 Full efiling (Civil) New Case Enter Parties 20

21 Full efiling (Civil) New Case File Documents 21

22 Full efiling (Civil) New Case Document Type 22

23 Full efiling (Civil) New Case Attach Document 23

24 Full efiling (Civil) New Case Attach Document 24

25 Full efiling (Civil) New Case Enter Payment 25

26 Full efiling (Civil) New Case Review & Submit 26

27 Full efiling (Civil) Existing Cases 27

28 Full efiling (Civil) Existing -Enter Division &Case 28

29 Full efiling (Civil) Existing - Parties Tab 29

30 Full efiling (Civil) Existing - Documents Tab 30

31 Full efiling (Civil) Existing - File a Document 31

32 Full efiling (Civil) Existing - File a Document 32

33 Full efiling (Civil) Existing - File Document 33

34 Full efiling (Civil) Existing - Review and Submit 34

35 Timestamps eportal Frequently Asked Questions How will this system address the filing time, and time stamping of documents when it is received? All dates and times, including when the filing is received at the eportal and accepted by the clerk, are stored in the eportal database to ensure the accuracy and consistency of when the event took place. AO An electronic filing may be submitted to the portal at any time of the day or night, twenty four (24) hours a day seven days a week; the portal shall place a time/date stamp. However, the filing will not be official information of record until it has been stored on the clerk s case maintenance system. 35

36 Fees eportal Frequently Asked Questions Filer Costs: Describe any charges above and beyond the statutory fees. (subscriptions, convenience fees, additional services). Authorized filers may access the eportal and file existing case filings at no charge. If a filer chooses to pay statutory filing fees using a credit card or ACH transaction, they will be charged an additional credit card transaction fee which will be used to cover the associated banking and merchant fees as allowed by Florida Statutes. The portal will accept MasterCard, Discover, and American Express. The Florida efiling Authority has set the following fees: Credit Cards 3% of Filing Fee ACH $3 36

37 eportal Frequently Asked Questions Access to Filings and Case Information The eportal provides access to filings in progress only. Once the filing is accepted and filed in the local CMS, this becomes the official court record just like the current paper process. Original filings are retained at the portal for a brief period and then removed. Permanent access to these documents will be provided through existing methods local web sites and CCIS links. 37

38 eportal Frequently Asked Questions What are the Document Types Supported? Portal will accept filings in Word, WordPerfect, or PDF. If a document is submitted in Word or WordPerfect, the portal will convert it to PDF so that it cannot be altered. 38

39 eportal Frequently Asked Questions Notifications Supported by the Portal? 1) Receipt of subscriber application 2) Acceptance/activation of subscriber account 3) Change of subscriber profile including login credentials 4) Receipt of filing including filing id number 5) Acceptance of filing including filing id number and case identification data 6) Pending status of filing including filing id number, case identification data and rejection reason 39

40 eportal Frequently Asked Questions Administration of User Accounts/Authentications 2 Options Users can authenticate their own accounts Law Firms can administer their users 40

41 eportal Frequently Asked Questions How are electronic signatures handled? eportal supports electronic signatures as outlined in AO 09-30: A pleading or other document is not required to bear the electronic image of the handwritten signature or an encrypted signature of the filer, but may be signed in the following manner when electronically filed through a registered user s login and password. s/ John Doe John Doe ( address) Bar Number Attorney for (Plaintiff/Defendant) XYZ Company ABC Law Firm 123 South Street Orlando, FL Telephone: (407) Original documents (Death Certificates, etc.) or those that contain original signatures such as affidavits, deeds, mortgages and wills must be filed manually until the court has determined the digital format by which these issues are addressed. 41

42 Eportal Recent Issues Florida Supreme Court Standards for Electronic Access to the Courts (Ver. 4) - Section **Local Document Receiving Process** When information has been submitted electronically to the Clerk of Court s Office, via the Florida Courts E-Portal, the Clerk of Court will review the filed document and determine whether it contains the required information for placement into the clerk s case maintenance system. If, during the local document receiving process a determination is made that the filed document conflicts with any court rules or standards, then the clerk shall place the filed document into a pending queue. A filing may be placed in a pending queue for any reason that prevents the filing from being accepted into the clerk s case maintenance system, e.g. documents that cannot be associated with a pending case; a corrupt file or an incorrect filing fee. Once placed in a pending queue, the clerk shall attempt to contact the filer and correct the identified issue(s). The filing will remain in a pending queue for no more than 5 (five) business days, after which time the filing will be docketed, as filed, and processed for judicial review. 42

43 Eportal Recent Issues Non-Attorney Users Currently, only Florida Bar Members may register and obtain logins to the efiling Portal. Paralegals, Legal Assistants, and Pro Se roles are being reviewed by the Florida efiling Authority. This issue will be addressed in the future meetings 43

44 Collier County Status on efiling June 21, 2010 approval for 90 day test March 26, 2012 approval to begin e-filing with conditions June 13, 2012 approval by Chief Judge to go paperless Goal of July 1, 2012 for paperless in criminal, probate, traffic and juvenile with efiling July 15, 2012 Goal of September 1, 2012 for paperless in county civil and small claims with efiling September 15, 2012 Circuit civil and Family cases will go paperless depending on back-scanning efiling will become mandatory for attorneys 9 months after the clerk begins efiling. 44