37
e-Filing Project Administrative Office of the Courts 1 Electronic Filing in District and Appellate Courts in Oklahoma The Supreme Court of Oklahoma Administrative Office of the Courts Version 1.12, 01/29/2013 E-Filing, and other related projects are on-going efforts, details are subject to change. Description This is a presentation of the ongoing Electronic Filing (e-Filing) Project of the Administrative Office of the Courts, Oklahoma Supreme Court. The purpose of the presentation is to advise the audience of the current state of the e-Filing and related projects and to provide initial education on the expected statutory and rule changes and additions needed to implement and use e-Filing in the district and appellate courts of Oklahoma. The expected audience is county bar associations and similar groups prior to the implementation of e-Filing in each county. The OBA has approved this presentation as suitable for one hour of Continuing Legal Education, non-ethics, based on approximately 40 minutes of presentation and 10 minutes or more of question and answer. 1

Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

  • Upload
    others

  • View
    6

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 1

Electronic Filing in District and Appellate Courts in Oklahoma

The Supreme Court of Oklahoma Administrative Office of the Courts

Version 1.12, 01/29/2013

E-Filing, and other related projects are on-going efforts, details are subject to change.

Description

This is a presentation of the ongoing Electronic Filing (e-Filing) Project of the Administrative Office of the Courts, Oklahoma Supreme Court.

The purpose of the presentation is to advise the audience of the current state of the e-Filing and related projects and to provide initial education on the expected statutory and rule changes and additions needed to implement and use e-Filing in the district and appellate courts of Oklahoma.

The expected audience is county bar associations and similar groups prior to the implementation of e-Filing in each county.

The OBA has approved this presentation as suitable for one hour of Continuing Legal Education, non-ethics, based on approximately 40 minutes of presentation and 10 minutes or more of question and answer.

1

Page 2: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 2

Contents

1. The Court’s IT Strategic Plan 2. Our Project Process 3. E-Filing – Part of the Court’s IT Strategic Plan 4. Related Parts in the IT Strategic Plan 5. E-Filing and Conventional Filing 6. Electronic Record on Appeal 7. Expected Statute and Rule Changes 8. Timeframes

2

The Court’s IT Strategic Plan

3

Page 3: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 3

The Court’s IT Strategic Plan Within the Courthouse – an Electronic Case File

A true electronic Court system • Electronic Case File • Improved Clerk Processes • Expanded Judicial Processes

4

The Court’s IT Strategic Plan Conventional Paper Filing into the Electronic Case File

• Filer walks up to the counter • Clerk scans the paper filing, collects

fees, and returns / recycles the paper • Clerk review step like today • Documents are not text searchable

5

Page 4: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 4

The Court’s IT Strategic Plan Electronic Filing (e-Filing), key to the Electronic Case File

• Registered Users can submit 24x7 new cases or in to existing cases • Clerk review is asynchronous from filing; occurs during business hours • Documents are generally text searchable • Security settings control which cases a user can file • Pro Se litigants who have registered and been authorized, can e-file in cases where

they are a party, otherwise they will use conventional filing • E-Filing is bi-directional, you get information on the progress of your filing

6

Related Components in the Plan Paper on Demand at the Counter, plus Public and Secure Online

• You will still be able to obtain copies of filings at the counter as ‘Paper on Demand’ from the electronic case file

• Public online case search will be available like today

• New secured online case search will available for cases not otherwise accessible by public search

• Online payment of outstanding costs, payment plans, other non-filing fees.

7

Page 5: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 5

OBA Systems OBA

Systems

Inte

rface

Our Project Process Contributors

Supreme Court

Governance

User Community

System Vendor & AOC-MIS

IT Project

Statute for e-Filing Supreme Court Order for

AOC Director to seek Legislative Amendments

Committees Developing Proposed Court Rule Changes

Supreme Court and Court of Criminal Appeals Issues Rules and Administrative Orders

Appellate & District - Judges - Clerks - Administrators

OBA County Bar Assns Other Entities

AmCad AOC IT Resources

E-Filing, E-Commerce, Case Search, OUCMS, others

8

E-Filing and Conventional Filing Both are Provided in the Strategic Plan

Conventional Filer

E-Filer

OBA Systems

Bulk e-Filing

Interface

Oklahoma

e-Filing Portal

Case Search, e-Commerce

Portals OUCMS

Clerk

Other Systems

AOC Systems

Clerk, Judge, other Court User

9

Page 6: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 6

OBA Systems OBA

Systems

Conventional Filer

E-Filer

Oklahoma e- Case Search,

Bulk e-Filing Filing Portal e-Commerce Interface Portals

Clerk

Other AOC

Systems Systems Clerk, Judge, other Court User

Inte

rface

E-Filing and Conventional Filing OBA Systems a source for credential information

• OBA Member Data, periodically provided per agreement • Provides information for issuing credentials, maintaining

credentials • One-way direction envisioned so far

OBA Systems

OUCMS

10

Statutory Changes Authority – Progress Status

y 20 O.S. 3004 : Authorizes e-Filing y SCAD-2011-68 : Director of the AOC to pursue

statutory changes y 2011 Supreme Court creates eCourts subcommittee. y Statutory Updates

y 2012 Okla. Laws 278 [HB2192], signed 5/22/2012, effective 11/1/2012

y Court Rules - eCourts drafted recommended rules - With the Supreme Court – SCAD 2012 OK 61 - Applicable in Pilot Counties/Courts

11

Page 7: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 7

Statutory Changes Statutes & Amendments – Needed changes in progress

Uniform Electronic Transfers Act, 12A O.S. 15-101 eq seq. y Defines ‘Digital Signature’ and its use for district and

appellate court filings. y States the district and appellate courts shall use a registered

certification authority for issuing digital certificates. y Defines ‘Electronic Signature’ and its force and effect

being the same as a physical signature.

12

Statutory Changes Statutes & Amendments – Needed changes in progress

Uniform Electronic Transfers Act, 12A O.S. 15-101 eq seq. y Digital Signatures

y Mathematical, encrypted, secure message y Electronic Signature

y Electronic representation of signature

/S/ Your Name Your Name

Originally statute stated Court to use Digital Signatures, issued by registered certification authority per rules and regs from Oklahoma Secretary of State.

Amended to use Electronic Signature, and not subject to rules and regs of Oklahoma Secretary of State, rather the Supreme Court to issue rules

13

Page 8: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 8

Statutory Changes Statutes & Amendments – Needed changes in progress

Pretrial Release Act, 22 O.S. 1105.1 et seq. y Proscribes the process for traffic and other citations to go

from law enforcement to the DA for endorsement and court clerk for filing.

y Amended to include both endorsement by DA and subsequent filing by court clerk may be done be electronic means as approved for electronic filing.

14

Statutory Changes Statutes & Amendments – Needed changes in progress

Pretrial Release Act, 22 O.S. 1105.1 et seq. How traffic tickets go from Law Enforcement to Court Clerk to DA to Court Clerk with Signature.

Amendment clarifies DA’s e-signature can be used.

15

Page 9: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 9

Statutory Changes Statutes & Amendments – Needed changes in progress

Recording Application, License, Certificate for Marriage 43 O.S. 9 y The judge or clerk must make a complete record of the

application, license, and certificate for marriage. y There are several authorized forms the record can take, e.g.

microfilm, microfiche, imaging, book and page. y Amended to also authorize by electronic means as approved

by the Supreme Court.

16

Statutory Changes Statutes & Amendments – Needed changes in progress

Recording of Application, License, Certificate for Marriage 43 O.S. 9 Record the application, license, and certificate on optical disk, microfilm, microfiche, imaging, or in a book. Amending to clearly state any electronic means approved by the Supreme Court.

+

Minister’s credentials cited as book and page, or case number (in system).

17

Page 10: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 10

Statutory Changes Statutes & Amendments – Needed changes in progress

Open Records Act, 51 O.S. 24.A.1 et seq. y Proscribes the process for seeking to file protected

documents by placing them in a “sealed manila envelope”. y Clearly this process cannot be accomplished using

electronic filing. y Amended to also enable following the procedure for

electronically filing sealed and/or confidential documents approved for electronic filing in the Courts of Oklahoma.

18

Statutory Changes Statutes & Amendments – Needed changes in progress

Open Records Act, 51 O.S. 24.A.1 et seq. Any order removing documents from public record states placing in manila envelope. Amended to also use process for e-Filing sealed / confidential documents

19

Page 11: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 11

Statutory Changes Statutes & Amendments – Needed changes in progress

Protective Orders in Discovery y For material obtained by discovery, it proscribes the process

for a protective order that has the effect of removing or withdrawing from public record, or filing but not placing in the public record, the material by placing the material in a “sealed manila envelope”.

y Cleary this too can not be accomplished by electronic filing.

y Amended to also enable following the procedure for electronically filing sealed and/or confidential documents approved for electronic filing in the Courts of Oklahoma.

20

Statutory Changes Statutes & Amendments – Needed changes in progress

Otherwise, y The anticipated rules for e-Filing will authorize electronic

service and signing of pleadings as additional alternatives to existing statutory methods.

y The eCourts subcommittee will address additional statutory issues found during the project.

21

Page 12: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 12

Rule Changes Supreme Court rules – Needed changes in progress

y Rule 1.4 – Clerk, Filings, Mailings, Notice

y E-Filing after 5pm deemed submitted next business day. y Methods of delivery to Clerk for filing includes e-Filing.

y Rule 1.11 – Form and Content of Briefs y Citations to the record will identify the document number

in the record and page number within the document. y Rule 1.14 – Taxation of Costs and Motions for Fees

y Motions for appeal related attorney’s fees must be filed separately and no longer as part of applicant’s brief.

22

Rule Changes Supreme Court rules – Needed changes in progress

Submit 24x7 but if after 5PM then deemed submitted next business day.

Citing the record on appeal, BRIEF

23

Page 13: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 13

Rule Changes Supreme Court rules – Needed changes in progress

y Form and Content of Record on Appeal* y Instead of the record on appeal being single combined, bound, and re-

paginated record in paper form, it will be an indexed set of the designated documents, transcripts, exhibits, each sequentially numbered with the original internal pagination unchanged and in electronic form.

y Exhibits will be separate PDF or JPEG electronic files and to be filed in the court record rather than indexed and incorporated into the transcript.

* Separately promulgated rules for filing transcripts by Court Reporters during transition period anticipated

24

Rule Changes Court Fund rules – Needed changes in progress

y Rule 5 – Approval of Claims – Appearance Docket y The appearance docket can be maintained as a bound

book, loose leaf binder, or loose sheets in a file container. y Recommend adding the appearance docket can be kept in

electronic format using the case management system.

25

Page 14: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 14

Rule Changes E-Filing Rules – Needed new rules, in progress

y Effective in each district and appellate court at the time that county or appellate court is implemented for e- Filing.

y List of implemented district and appellate courts to be posted on Supreme Court’s website and available to the public at each court clerk’s office.

y E-Filing is only done by e-Filing System (portal, bulk interface), not by email nor facsimile.

26

Rule Changes E-Filing Rules – Needed new rules, in progress

y The Supreme Court or Court of Criminal Appeals may issue administrative orders designating various case types as mandatory e-Filing case types. (Pro se litigants may still file conventionally).

y Initially e-Filing will be on a case-by-case basis. A registered user can e-File one case, conventionally file a different case.

27

Page 15: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 15

OBA Systems OBA

Systems

OBA Systems OBA

Systems

on

OBA Systems

Validation

Other Information

Systems

Rule Changes E-Filing Rules – Needed new rules, in progress

y Registration – On-Line Application y You apply and must be approved for e-Filing. y By registering you will expressly consent to e-Service. y Need source of validation information.

On-Line

Application Credentials

OBA Systems

Application, Consent

Application

e-Filing System

Other Systems

28

Validation Information

AOC System Administrator

Credentials

Rule Changes E-Filing Rules – Needed new rules, in progress

y Registration – In-Person Application y You apply and must be approved for e-Filing. y By registering you will expressly consent to e-Service y When no validation information source available

In-Person Applicati

Application, Consent

Application

Credentials

e-Filing System

Application,

Consent

Clerk

Credentials

AOC System 29 Administrator

Page 16: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 16

Rule Changes E-Filing Rules – Needed new rules, in progress

y E-Service y aka Service by email, to Registered Users can be done in

lieu of service by first class mail, express mail, overnight delivery, or fax.

y Not applicable when personal service is required.

30

Rule Changes E-Filing Rules – Needed new rules, in progress

y Electronic Signature y Electronic representation of person’s name, executed and

adopted with intent to sign the document. y Same force and effect as handwritten signature. y For any statute or court rule requiring a person’s signature

to file, certify, or verify. y For any statute or court rule requiring a justice, judge,

court reporter, clerk, other judicial officer to sign, verify, or endorse.

/S/ Your Name Your Name

31

Page 17: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 17

Rule Changes E-Filing Rules – Needed new rules, in progress

y Electronic Signature Format y Court-initiated documents: signed via electronic signature

created by the OUCMS. y Documents with multiple signatures filed by Registered

Users: /S/ Your Name /S/ Opponent’s Name Your Name, OBA# Opponent's Name, OBA# Address Address Email Address Email Address Phone Phone

/S/ Other Name Other Name, OBA# Address Email Address Phone

y Signers have 10 days to file an objection (or longer if other

rule or statute applies) 32

Rule Changes E-Filing Rules – Needed new rules, in progress

y Notarized signature or signed under penalty of perjury y For any statute or court rule requiring signature under

penalty of perjury or signature of a notary public. y Physical signature of original required. Original then

converted to electronic form for filing. y Filer retains original document or other evidence of

original signature.

e-Filing System

33

Page 18: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 18

Rule Changes E-Filing Rules – Needed new rules, in progress

y Electronic Seal, Stamp, Certification y Applied through OUCMS system, executed and adopted

with intent to stamp, certify, authenticate by a justice, judge, judicial officer, court reporter, clerk.

y For any statute or court rule requiring a seal, stamp, authentication, or certification of a justice, judge, judicial officer, court reporter, clerk.

y Same force and effect as if done by hand. y Some jurisdictions may still require raised seal

certification stamp. If so, then conventional certification will be needed.

34

Rule Changes E-Filing Rules – Needed new rules, in progress

y eMail Addresses y Registration

y Registration email address: associated with the Registered User profile, not case-specific, used for e-Filing and notification from the e-Filing portal.

y Secondary registration email address may be provided.

y Case Specific y Designed Case-Specific email address: Primary email provided by

Registered User for e-Service in a specific case. y Secondary Case-Specific email address may be provided.

35

Page 19: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 19

Staff, Firm, etc.

Registered e-Filing

Opponent

y eMail Addresses

e-Filing System

(Se s

Rule Changes E-Filing Rules – Needed new rules, in progress

Registration email address(es) : Used for e-Filing, System notification

E-Filer (Registration email

address)

Staff, Firm, etc. (Secondary Registration

email address)

Receipts, Information

Submissions

e-Filing System

36

Rule Changes E-Filing Rules – Needed new rules, in progress

Staff, Firm, etc. (Secondary

case- specific email address)

E-Filer (Case-specific email address)

Service Copies

Staff, Firm, etc.

condary case- pecific email

address)

Registered

e-Filing Opponent (Case-specific email address)

Case Specific email address(es) : Used for e-Service not e-Filing

37

Page 20: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 20

-Filer

Rule Changes E-Filing Rules – Timing

y Submission – All courts y Using the e-Filing system to submit document y Successfully transmitted and received along with any

attachments y Automatic receipt of submission, verifying date and time

of submission. It is sent to the Registration email address. y Automatic receipt of submission is also stored in and

available from the e-Filing system. y No presumption of submission absent the automatic receipt

of submission.

38

Rule Changes E-Filing Rules – Timing

y Submission – All courts

Staff, Firm, etc.

e

Court House

OUCMS

Submission

Submission

Receipt emailed

e-Filing System

Submission

e-Filer Information

Submission Receipt

39

Page 21: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 21

-Filer

Rule Changes E-Filing Rules – Timing

y Clerk Review – All courts y Court clerk reviews each submission; and can accept or

hold the submission. y Could reject per statute and rule if sham process. Reason

stated in receipt. y Reason for holding would be for judicial review of a

pauper’s affidavit in lieu of payment, reason stated in receipt.

y Automatic receipt of review, verifying date and time of acceptance or hold, sent to Registration email.

y Receipt of submission and receipt of acceptance is confirmation of filing

40

Rule Changes E-Filing Rules – Timing

y Clerk Review – All courts

Court House

Staff,

Firm, etc.

e

Submission

Review Receipt emailed

Review Receipt

OUCMS Review

e-Filer Information

e-Filing System

Review Receipt

Other registered user(s) in case

Filing

Receipt

Other Staff, Firm,

etc.

41

Page 22: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 22

-Filer

Rule Changes E-Filing Rules – Timing

y When deemed filed - District Court, COCA, Supreme Court y Any submission after 5 P.M. is deemed submitted the next

business day. y When clerk accepts, then deemed filed on date and time it was

submitted, not when accepted. y When deemed filed - Court of Criminal Appeals

y When clerk accepts then deemed filed on date and time of acceptance, not when submitted.

y If submitted as tendered for filing per Rule 1.13(K), deemed tendered on date and time of submission.

42

Rule Changes E-Filing Rules – Timing

y When deemed filed

Court House

Submission

e

Receipts emailed OUCMS

Submission

e-Filer Information

e-Filing System Receipts

Submission

District Court, COCA, Supreme Court – Deemed filed when submitted by 5PM on a day the court is open, otherwise next business day

43

Page 23: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 23

-Filer

-Filer

Rule Changes E-Filing Rules – Timing

y When deemed filed

Court House

Submission

e

Receipts emailed Review Receipt

OUCMS Review

Submission

e-Filing System

Submission

Filing

Receipt

Other Staff, Firm,

etc.

e-Filer Information

44

Receipts

Other registered user(s) in case

OCCA – Filed when accepted, Tendered when submitted

Rule Changes E-Filing Rules – Timing

y Technical Failure y e-Filing System

Court House

e

Receipts emailed OUCMS

Submission

e-Filer Information

45

e-Filing System Receipts

Submission

If e-Filing System is down then • Use conventional filing • No automated receipt of submission • Can seek relief by motion to be deemed

filed at first attempt to submit • Public record of history of technical failure

Page 24: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 24

-Filer Submission

ubmission

Receipt

Receipt

-Filer

Rule Changes E-Filing Rules – Timing

y Technical Failure y OUCMS

Court House

DELAYED

e

Receipts emailed Review DELAYED

OUCMS Review

DELAYED

Submission e-Filing System

S DELAYED

Filing

DELAYED

Other Staff, Firm,

etc.

e-Filer Information

46

Receipts

Other registered user(s) in case

If OUCMS is down, • Can use conventional filing • Receipt of submission, but delayed receipt of review/filing • If delayed, still deemed filed when submitted, except for OCCA • Can seek relief by motion as needed • Public record of history of technical failures

Rule Changes E-Filing Rules – Timing

y Technical Failure y e-Filer’s System

Submission

Court House

e

Receipts emailed Review Receipt

OUCMS Review

Submission

e-Filer Information

47

e-Filing System Receipts

Submission

If e-Filer’s equipment, software, telecomm then • Use conventional filing • You won’t have a Submission and

therefore no submission receipt and no clerk review or receipt

Page 25: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 25

Rule Changes E-Filing Rules – Fees, Costs, Pauper’s Affidavit

y Same fees and costs for e-Filing as for conventional filing.

y Pauper’s Affidavit y May include pauper’s affidavit with submission in same

manner as in conventional filing. y Submission put on hold pending judicial review of

pauper’s affidavit.

48

Rule Changes E-Filing Rules – Production of Hardcopy

y Court may direct a Registered User to nevertheless file and / or serve hardcopy of an e-Filed document.

y Supreme Court and Court of Criminal Appeals – interim transition period. y In addition to e-Filing a submission: y Filer must mail or deliver paper copies of submitted

documents to the clerk, y Within five days of the acceptance of the e-Filing along

with copy of the automatic receipt of acceptance. y In addition to electronic copy, Court Reporters will provide

certified hardcopies of transcripts.

49

Page 26: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 26

Rule Changes E-Filing Rules – e-Service

y E-Service on Registered Users by email to the Designated Case-Specific email address, and Secondary Case-Specific email address if given.

y When statute or court rule requires service of a document on another person, then can be done by e- service.

y Same force and legal effect as service of paper copy. y If attempted e-Service fails then serve by conventional

service. y Certificate of service to show email addresses used,

along with date and time.

50

Rule Changes E-Filing Rules – e-Service by Court Clerk

y Court clerks can e-serve on Registered Users and court officers by email of copy of document or hyperlink to the document to registration email address.

51

Page 27: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 27

Rule Changes E-Filing Rules – Registration

y Possible Registered Users y Attorneys licensed in Oklahoma. y Pro hac vice attorneys authorized to practice in district or

appellate proceeding. y Pro Se parties to a specific case. y Other persons authorized by statute or court rule to

participate in a case. y Registration process to be developed by AOC. y Registered User must have capability to produce, file,

and receive e-documents in compliance with technical requirements of e-Filing process.

52

Rule Changes E-Filing Rules – Registration

y Registration is agreement to accept e-Service. y Registered Users responsible to keep user id and

password secure. y Registered User responsible for keeping e-Filing profile,

email addresses current. y Registered User can authorize use of user id and

password by others for e-Filing on behalf of Registered User.

y Registered User can provide alternate email address. y Court may revoke Registered User’s authority to e-File

for good cause. 53

Page 28: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 28

Rule Changes E-Filing Rules – Registration – Pro Se Parties

y Parties may not e-File in specific case if represented by counsel in that case.

y Pro se parties complete the AOC registration process. y Court of Criminal Appeals also requires court order to

proceed as a pro se litigant.

54

Rule Changes E-Filing Rules – Registration – Other Entities

y Where feasible, individuals, entities, and government agencies authorized by statute or court rule to participate in a case may become Registered Users.

55

Page 29: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 29

Rule Changes Court Record

y Any document e-Filed or conventionally filed that is scanned by court clerk is an e-document.

y E-Documents are the part of the original court record and have same force and effect as a document filed by conventional means.

y Court clerk will maintain the court record in electronic format or combination of electronic and non-electronic formats where necessary.

y If document can not be e-Filed nor scanned into electronic form, then clerk shall maintain in original non-electronic form and made part of the record.

56

Rule Changes Personal Identifiers, Sealed Documents

y Rule 31 of Rules of District Court pertaining to personal identifiers also apply to e-Filing.

y Filers may request to seal a document or issue a protective order in same manner as for sealing or protecting a paper document.

y Registered Users must obtain an order authorizing filing documents under seal prior to e-Filing.

y First page of e-document filed under seal must contain style, and statement noting the court and date of the order for sealing or protecting.

57

Page 30: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 30

Rule Changes Form of Electronic Documents

y E-Documents shall, to extent possible, be formatted in accordance with the rules on format of paper pleadings.

y First page shall have 2 inch margin at top of page for space for electronic file stamp.

Court Clerk File Stamp

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA

Party One, ) Petitioner, )

) Case Number )

Party Two, ) Respondent. )

MOTION FOR HEARING

COMES NOW the Petitioner and …

58

Rule Changes Form of Electronic Documents

y Documents must not have external hyperlinks, scripts, tracking tags, etc. Internal hyperlinks within the same document are permitted as well as embedded PDF files.

y If larger than 20 megabytes in size, file as separate e- documents sequentially numbered.

y Filed as text-based PDF format, 300 DPI or higher. y Non-text based PDF documents permitted if text-based

is not possible. y Multiple documents to be submitted as separate e-

Documents.

59

Page 31: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 31

Rule Changes Form of Electronic Documents

y Attachments or exhibits if filed as separate e-documents shall be text searchable PDF files clearly named to specific the principal document.

y Non-text based attachments or exhibits can also be e- filed in JPEG format.

y Attachments or exhibits that can not be e-Filed in authorized format, y Sent to clerk and served in paper format within 24 hours

principal document is e-Filed. y Notice regarding inability to e-File appended to end of

principal document.

60

Rule Changes Proposed Orders – District court only

y Proposed orders in district court cases may be submitted by e-Filing as is permitted by conventional filing.

y Submitted in editable form, subject to modification using MS Word or other means as authorized by the AOC.

y Additionally, if the proposed order, in non-editable PDF form, is attached to the supporting motion or application, it will be made part of the record.

61

Page 32: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 32

Timeframes

Discover 2008 – 2010 • OUCMS

Roadmap • Requirements • Contract

Design 2010 – 2011 • Gap & JAD

Analysis • Design

Specification

Customize 2012 • AmCad Development • AOC-MIS

Development • eFiling Setup • Public Search Revised • Testing • Related Development

and Testing

Implement 2013 - 2016 • User Training • Secure Case Search • OSCN Update • Pilot Counties • Appellate Courts • Tulsa County • Oklahoma County • Regional Roll-out

62

Summary IT Strategic Plan

Key Features - Unified state-wide system - Improved services for clerks and judiciary - Electronic Court Case File - E-Filing - Updated Online Access (new OSCN) - Electronic data exchanges with agencies,

entitles (Not discussed in this presentation)

63

Page 33: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 33

Summary Statute and Rule Changes

y Statutory Changes y HB2192, signed 5/22/2012 y Effective 11/1/2012

y Court Rules y Proposed by eCourts subcommittee to the Supreme Court y Approved by the Supreme Court, 2012 OK 61 y Effective when each county / appellate court when the

system is installed

64

Summary e-Filing and Conventional Filing

E-Filing • Not mandatory • All case types • Attorneys, Pro Se, other Entities Conventional Filing • All case types • Paper returned to filer

65

Page 34: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 34

Summary On-Line and Counter Access

On-Line • One website, OSCN, for entire state • eCommerce • Public or Secure Access • OSCN Updated

Counter • Paper on demand • Counter PC access (not discussed)

66

Summary Special Situations

y Electronic Signature y Electronic representation of signature

/S/ Your Name Your Name

y E-Filing Sealed and Confidential y E-Filing after 5, deemed submitted next business day y Electronic Court Case File and Record on Appeal

67

Page 35: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 35

Filer

-Filer

Summary e-Filing Submission

y Receipt of Submission emailed to registration email address(es)

y Prior receipts accessible from e-Filing Portal

e-

Staff, Firm, etc.

Court House

OUCMS

Submission

Submission

Receipt emailed

e-Filing System

Submission

e-Filer Information

Submission Receipt

68

Summary e-Filing Clerk Review

y Receipt of Acceptance (filing) emailed to registration email address(es) y Other registered users in case emailed a receipt of filing y Prior review receipts accessible

from e-Filing Portal Court House

e-Filer Staff, Firm, etc.

e

Submission

Review Receipt emailed

Review Receipt

OUCMS Review

e-Filer 69 Information

e-Filing System

Review Receipt

Other registered user(s) in case

Filing Receipt

Other Staff, Firm,

etc.

Page 36: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 36

y Pilot Counties y 2013 – Noble County

Summary Schedule*

y 2013 – Pottawatomie County y 2013 – Logan County y 2014 – Payne County

y Two Largest Counties y 2014 – Tulsa County y 2014 – Oklahoma County

y Supreme Court and Appellate Courts y 2014

y Remaining Counties y 2014 through 2016+

70 * Project Schedule, subject to change

Q & A

71

Page 37: Electronic Filing in District and Appellate Courts in Oklahoma€¦ · Electronic Filing in District and . Appellate Courts in Oklahoma . The Supreme Court of Oklahoma. Administrative

e-Filing Project

Administrative Office of the Courts 37

Presenter Information

Presenter: Frank Holdsclaw is the project manager of the e-Filing project and overall program manager for several related projects. He joined the Administrative Office of the Courts, Supreme Court of Oklahoma in 2009. He received his B.S. degree in Computer Science from the University of Oklahoma in 1982, a Certificate in IT Project Management from the Georgia Institute of Technology in 2000, and his J.D. from the University of Tulsa in 1999 with a certificate in Resources, Energy, and Environmental Law. He is admitted to practice in all Oklahoma state courts and the United States District Court, Eastern and Northern Districts of Oklahoma. Before joining the AOC, Mr. Holdsclaw practiced law for six years in Oklahoma primarily in the areas of family law, criminal law, and probate. Prior to practicing law he was an IT project manager in the oil & gas, healthcare, and defense industries.

He may be contacted at: Frank L Holdsclaw Administrative Office of the Courts Supreme Court of Oklahoma 2100 N. Lincoln, Suite 3 Oklahoma City, OK 73105 (405) 556-9829 (Office) (405) 365-5403 (Blackberry) (405) 556-9300 (Receptionist) Email: [email protected]

72