E-Filing Court Documents In Escambia County Clerk of the Circuit Court and Comptroller 1
WHY E-FILING? Per Florida Statute 28.22205, Each clerk of court shall implement an electronic filing process. The purpose of the electronic filing process is to reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing of cases, and provide the judiciary with case-related information to allow for improved judicial case management. AOSC 11-399 E-Filing Supreme Court Administrative Order on E-Filing SC11-399 IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA PROBATE RULES, THE FLORIDA SMALL CLAIMS RULES, THE FLORIDA RULES OF JUVENILE PROCEDURE, THE FLORIDA RULES OF APPELLATE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES OF PROCEDURE ELECTRONIC FILING 2
E-FILING IS MANDATORY Rules of Judicial Administration 2.520(a) Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in accordance with rule 2.525. Documents means pleadings, motions, petitions, memoranda, briefs, notices, exhibits, declarations, affidavits, orders, judgments, decrees, writs, opinions, and any other paper or writing submitted to a court. DATES TO REMEMBER Civil / Family Law / Probate / Dependency Clerks accept e-filings by July 1, 2012 Attorneys must e-file by April 1, 2013 Criminal / Delinquency / Traffic Clerks accept e-filings by December 31, 2012 Attorneys must e-file by October 1, 2013 3
AOSC 09-30 Administrative Order SC09-30 : Statewide Standards for Electronic Access To the Courts Creates eportal Defines e-filing Rules for document format and contents Signatures Timestamps FLORIDA COURTS EPORTAL Single statewide login for all 67 counties For attorneys and pro-se litigants Submit court documents to any county Receive electronic notifications Does not store documents long term Evolving application Will improve over time 4
E-FILING ADVANTAGES 24x7 access for filing court documents Reduce costs Saves on paper, postage, and copies Saves travel to and from the courthouse Improves customer service Increases efficiency Faster EPORTAL USAGE STATISTICS January 1, 2012 through May 15, 2012 Cases Filed = 42,210 Average per Month = 9,380 Documents Filed = 57,825 Average per Month = 12,850 Registered Users = 8,533 Active Users = 1,861 *Source: Florida Courts E-Filing Authority Board s May Filing Update flclerks.com/efiling_authority.html 5
8,000 TOTAL CASES FILED - ALL COURT DIVISIONS ESCAMBIA COUNTY, FLORIDA May 2011 through May 2012 Cases Filed 7,000 6,000 5,000 4,000 3,000 6,580 6,700 6,685 6,953 6,588 6,413 6,117 5,481 5,934 5,495 6,801 6,939 7,077 2,000 1,000 0 May June July Aug Sep Oct Nov Year-Month Dec Jan Feb Mar Apr May 100,000 TOTAL DOCUMENTS FILED - ALL COURT DIVISIONS ESCAMBIA COUNTY, FLORIDA May 2011 through May 2012 90,000 D o c u m e n ts 80,000 70,000 60,000 50,000 40,000 30,000 8 3,8 0 2 8 6,7 7 8 7 7,6 4 4 8 6,4 8 0 8 0,0 7 7 7 9,3 2 1 7 6,2 3 0 7 2,5 7 4 7 4,9 9 4 7 8,5 8 2 8 1,8 0 1 7 8,4 6 2 8 4,9 7 3 20,000 10,000 0 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Year-Month 6
250,000 TOTAL PAGES FILED - ALL COURT DIVISIONS ESCAMBIA COUNTY, FLORIDA May 2011 through May 2012 P a g e s 200,000 150,000 100,000 22 1,2 93 23 0,35 8 23 4,8 56 23 3,9 82 22 0,3 43 2 1 6,43 6 20 7,4 90 1 9 0,12 9 2 12,9 9 2 23 5,2 50 21 8,67 2 2 09,7 10 23 4,6 10 50,000 0 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Year-Month PAPER STILL REQUIRED Wills Death Certificates Deeds Mortgages Affidavits Evidence Any paper document that is a judgment and sentence or required by statute or rule to be sworn to or notarized shall be filed and deposited with the clerk immediately thereafter 7
PAPER STILL ACCEPTED Rules of Judicial Administration 2.525(d) Documents filed in open court Evidentiary exhibits Non-documentary materials Documents filed by a governmental or public agency without capability to e-file SIMPLE E-FILING WITH FEES File documents on new and existing cases Does not require party information Uses a generic set of document types Quick and easy 8
CASE TYPES ACCEPTED 1. Circuit Civil 2. County Civil 3. Family Law 4. Guardianship 5. Juvenile Dependency 6. Mental Health 7. Probate 8. Small Claims ACCEPTED SOON 1. Circuit Criminal / Felony 2. Civil Traffic 3. County Criminal / Misdemeanor 4. County Ordinance 5. Criminal Traffic 6. Juvenile Delinquency 7. Municipal Ordinance 8. Non-Criminal Infractions 9
REQUIRED SOFTWARE / HARDWARE EPortal is web-based Need an internet connection Need a internet browser (IE7+) Need one of the following: a. Microsoft Word-compatible word processor b. PDF creation software c. Scanner Tablets and phones not fully supported SUPPORTED DOCUMENTS Two types of documents 1. DOC (Microsoft Word version 97 or higher) 2. PDF (Portable Document Format) Scanned documents must be: Black and White 300 dpi (dots per inch) Maximum file size is 25 megabytes Approximately 800 to 1,200 pages of text Larger files should be placed on a CD or flash drive and delivered to the Clerk 10
WORDPERFECT? WordPerfect files are not supported WordPerfect files can be: 1. Printed to a PDF file using free software such as CutePDF Writer commercial software such as Adobe Acrobat 2. Saved as a.doc Word 97 or higher file 3. Printed and scanned as a PDF Affordable Microsoft Office alternatives 1. Google Docs ( docs.google.com ) 2. LibreOffice ( libreoffice.org ) SIGNATURES AOSC 09-30 : Section 7.0 ELECTRONIC SIGNATURES 7.1. Signatures of Registered Users 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/ Jane Doe Jane Doe (e-mail address) Bar Number 1234567 Attorney for (Plaintiff/Defendant) XYZ Company ABC Law Firm 123 South Street Pensacola, FL 32501 Telephone: (850) 712-4444 11
SIGNATURES - MULTIPLE AOSC 09-30 : Section 7.0 ELECTRONIC SIGNATURES 7.2 Multiple Attorneys of Record Signatures The following procedure applies when a stipulation or other document (e.g., a joint motion) requires the signatures of two or more attorneys of record: The filing attorney shall initially confirm that the content of the document is acceptable to all attorneys required to sign the document and shall obtain the signatures of all attorneys on the document. For purposes of this procedure, physical, facsimile, or electronic signatures are permitted. The filing attorney then shall file the document electronically, indicating the signatories, (e.g., s/ Jane Doe, s/ John Smith, etc.) for each attorney s signature. DOCUMENT CONTENTS Court documents filed electronically must meet additional content criteria. Florida Rules of Judicial Administration Rule 2.420 - Public Access to Judicial Branch Records Rule 2.425 - Minimization of the Filing of Sensitive Information Rule 2.525 - Electronic Filing Rule 2.526 - Accessibility of Information and Technology 12
CONFIDENTIAL INFORMATION If you are filing a document that contains confidential information, you must attach Notice of Confidential Information Within Court Filing as per Rule 2.420 List of 20 exemptions in Rule 2.420 Sample Notice is available on the EPortal Rule 2.425 : MINIMIZATION OF FILING CONFIDENTIAL INFORMATION (a) Unless authorized by subdivision (b), statute, another rule of court, or the court orders otherwise, designated sensitive information filed with the court must be limited to the following format Initials of a minor Year of birth No portion of a Social Security Number Bank Account Number Credit Card Number Charge/Debit Account Other limitations specified Exceptions are specified Last four digits of a Identification Number Drivers License Number Telephone Number Financial Account Number* Patient or Healthcare No. A truncated version of a Email Address Computer User Name Password PIN 13
PLEADING CAPTIONS Rule 3.090 All documents filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the document and the party requesting or obtaining relief. MOTION vs. MOTION FOR TEMPORARY SUPPORT AND TIME SHARING WITH DEPENDENT OR MINOR CHILDREN Aides the judiciary with electronic case management Clerk will attempt to preserve each document s unique or exact title in the Clerk s docket. FEES Statutory filing fees and service charges EPortal accepts two forms of payment 1. Credit Card Mastercard, Discover, American Express VISA is not accepted 3% credit card transaction fee ( per F.S. 215.322(3)(b) ) Appears as MyFloridaCounty on monthly statement 2. Electronic Check / E-Check $3.00 transaction fee No financial reporting features available yet to track expenditures by case or by month 14
FEE WAIVER EPortal allows filer to request a fee waiver 1. Indigent 2. Question the fee amount 3. Governmental agency Request for a fee waiver should include: 1. Brief reason for the request 2. Attach a Document a) Application for Determination of Indigency b) Memo stating the need for the waiver TIMESTAMPS Rules of Judicial Administration 2.525(f)(3) The filing date for an electronically transmitted document is the date and time that such filing is acknowledged by an electronic stamp or otherwise, pursuant to any procedure set forth in any ECF Procedures approved by the supreme court, or the date the last page of such filing is received by the court or clerk. EPortal places a timestamp in the upper right corner of each document. EPortal timestamp is currently Eastern Time. 15
EPORTAL NOTIFICATIONS EPortal will email filers upon: Receipt of subscriber application Acceptance/activation of account Change of account profile or password Receipt of filing (by eportal) Acceptance of filing (by Clerk) Rejection of filing DOWNTIME If the local record keeping system is down or unavailable, any process that depends on the availability of the local record keeping system will also be unavailable Filings that are on queue or waiting to be filed will remain pending while the retry mechanism will continue to retry Once the local record keeping system is back up, the filings are filed and notifications are sent The filer has the responsibility of ensuring that submissions are electronically filed and received 16
RULE OF THUMB If the attorney was responsible for doing it with paper documents, then the attorney is still responsible for doing it if the document is e-filed. If the Clerk was responsible for doing it with paper documents, then the Clerk is still responsible for doing it if the document is e-filed. EPORTAL SUPPORT 1. Each filing submitted through the eportal is given a unique e-filing reference number 2. Have the e-filing reference number available For assistance with registration, account maintenance, or billing: Email: support@flclerks.com For assistance with a specific case or document type: Email: efile@ Call our office: (850) 595-4310 17
CLERK S E-FILING PAGE Link to the eportal Guides for using the eportal Guide for Law Firm Administrators Links to Rules and Admin Orders Answers to Frequently Asked Questions News and Updates This presentation AOSC 10-2101 E-Service Florida Supreme Court Administrative Order on E- Service: SC10-2101 IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA PROBATE RULES, THE FLORIDA RULES OF TRAFFIC COURT, THE FLORIDA SMALL CLAIMS RULES, THE FLORIDA RULES OF JUVENILE PROCEDURE, THE FLORIDA RULES OF APPELLATE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES OF PROCEDURE E-MAIL SERVICE RULE. 18
E-SERVICE IS MANDATORY Per the revised AOSC 10-2101: Civil / Family Law / Probate / Dependency / Appellate E-mail service is mandatory on September 1, 2012 Service solely by U.S. Mail will no longer be allowed Criminal / Delinquency / Traffic E-mail service is mandatory on October 1, 2013 Service solely by U.S. Mail will no longer be allowed THANK YOU 19