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Management & Technology Consultants.TM
TexasOnline e-Filing OverviewDallas Bar Association
Dallas, TexasSeptember 21, 2007
Agenda
Why do We Need e-Filing?
Texas e-Filing – The History
The TexasOnline e-Filing Solution
Texas e-Filing Rules
Participating Counties and Courts
Frequently Asked Questions
Question and Answer
Why Do We Need e-Filing?
For decades, courts have used a traditional paper-based process 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 Problem: Paper process is not efficient.
The Impact? 85% of surveyed judges say the volume of paper is an increasing problem.
Texas e-Filing Environment
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.
Clerk reviews and accepts document electronically. Filer is notified via the Internet. Court files are updated.
There is a Better Way…
Attorney prepares document electronically.
Texas e-Filing: The History
Two counties pioneered e-Filing in Texas
Jefferson—1995
Montgomery—1997
Selected civil cases in district courts
Contracted with LawPlus
Texas e-Filing: The History
Attorneys Clerks
A
B
C
D
E
1
2
In the beginning…there were attorneys and clerks.
Texas e-Filing: The History
Attorneys Clerks
A
B
C
D
E
1
2
Attorneys needed to file documents with the clerks…lots of documents.
Texas e-Filing: The History
Attorneys ClerksEFSPs*
A
B
C
D
E
1
2
*EFSPs: Electronic Filing Service Providers
X
Texas e-Filing: The History
Attorneys ClerksEFSPs
A
B
C
D
E
1
2
Counties contracted with a service provider (LawPlus).
X
Texas e-Filing: The History
Attorneys ClerksEFSPs
A
B
C
D
E
1
2
Attorneys contracted with the service provider (LawPlus).
X
Texas e-Filing: The History
ClerksEFSPs
1
2
3
4
5
6
Other counties may contract with other providers.
X
Y
Z
Texas e-Filing: The History
Attorneys ClerksEFSPs
A
B
C
D
E
X
1
2
3
4
5
6
Y
Z
Attorney may contract with different service providers to file in different counties.
Texas e-Filing: The History
Attorneys ClerksEFSPs
A
B
C
D
E
1
2
3
4
5
6
Complex model for attorneys…multiple accounts and standards.
?X
Y
Z
Texas e-Filing: The History
Lessons Learned…First Two Counties
e-Filing works
Single service provider model is…
Good for counties
X Less good for attorneys
Need statewide standards
Texas e-Filing: The History
JCIT e-Filing Charge
§ 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;
Texas e-Filing
JCIT’s Intent
Statewide technical standards and rules
Open competition for service providers
Single, standard statewide portal (EFM):
= TexasOnline
TexasOnline e-Filing Solution
TexasOnline
Official website of the State of Texas
www.texasonline.com
August 18, 2006
TexasOnline.com Named Best State E-Government Site in the NationOfficial Portal for the state of Texas is number one in the seventh annual Brown University international study of
digital government.
Attorneys Clerks
A
B
C
D
E
1
2
3
4
5
6
EFSPs
X
Y
Z
Same players as before…but now in addition to service providers…
TexasOnline e-Filing Solution
Attorneys Clerks
A
B
C
D
E
1
2
3
4
5
6
EFSPs
X
Y
Z
…we add eFiling for Courts, the state’s electronic filing manager (EFM) or “post office.”
EFM
TexasOnline
TexasOnline e-Filing Solution
Clerks
1
2
3
4
5
6
Clerks connect to eFiling for Courts.
EFM
TexasOnline
TexasOnline e-Filing Solution
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
Service providers connect to eFiling for Courts.
EFM
TexasOnline
TexasOnline e-Filing Solution
TexasOnline e-Filing Solution
Attorneys EFSPs
A
B
C
D
E
X
Y
Z
Attorney chooses a single service provider.
Attorneys EFSPs
A
B
C
D
E
X
Y
Z
Attorneys choose a single service provider.
TexasOnline e-Filing Solution
Attorneys
A
B
C
D
E
eFiling for Courts serves clerks and service providers as the “post office.”
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
EFM
TexasOnline
TexasOnline e-Filing Solution
Attorneys
A
B
C
D
E
Standard XML metadata for management system import.
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
EFM
DMS
DMS
CMS
CMS
CMS
DMS
XML XML pdfpdf
Vista
Hart
TSG
Max
Ody
Local
TexasOnline
TexasOnline e-Filing Solution
Attorneys
A
B
C
D
E
Attorneys can electronically serve copies on opposing counsel at the same time that they e-file with the court.
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
EFM
e-Service
of copies
Electronic Service of Copies
TexasOnline
TexasOnline e-Filing Solution
Attorneys
A
B
C
D
E
Attorneys can electronically serve opposing counsel with discovery requests, disclosures, responses, and notices that are not filed with the court.
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
EFM
eServicePlus
Electronic Service of Discovery: eServicePlus
TexasOnline
TexasOnline e-Filing Solution
Attorneys
A
B
C
D
E
ClerksEFSPs
X
1
2
3
4
5
6
Y
Z
EFM
Orders,
notices,
settings
Electronic Service of Orders and Notices
Judges can issue orders, notices, and settings to parties electronically.
TexasOnline
TexasOnline e-Filing Solution
TexasOnline Features
Secure filer authentication
Court fee and filing information online
File-stamped copy to filer
Data kept private and not sold
TexasOnline e-Filing Solution
TexasOnline e-Filing Process
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 e-Filing Solution
Filer Enters Information
1. Select jurisdiction
2. Enter case information
3. Enter payment information
4. Attach document(s)
5. Submit filing
Filer Receives Acknowledgement
From: [email protected]: Tuesday, August 22, 2006 10:24 AMTo: [email protected]: 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
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
Filer Receives Confirmation
IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS
COUNTY COURT AT LAW NO. 2
FILED
21 SEPTEMBER 2007
John Warren
County Clerk
Dallas County
Filer Receives Stamped Copy
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
TexasOnline e-Filing Solution
Ease of 24 / 7 filing
Fee calculation on screen
File-stamped receipt
Secure payment system
Electronic service of copies
Receive orders, notices, settings
Advantages For Attorneys
Attorney Perspective
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
Advantages For Attorneys
Attorney Perspective
Manual Filing Preparation Steps vs. e-Filing Steps
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
Advantages For Attorneys
Attorney Perspective
Texas e-Filing 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
Standard Local Rules
Texas e-Filing Rules
Standard Local 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
Texas e-Filing Rules
Documents That May Not Be FiledCitations 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
Texas e-Filing Rules
e-Filing order
e-Service order
Electronic orders
Global “opt-in” for electronic service
Noteworthy Provisions:
Texas e-Filing Rules
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:
Rules
Standard local rules agreed by Supreme Court, June 2004
Proposed TRCP changes in Rules Committee, 2004-2005
Proposed TRCP changes to Supreme Court, June 2005
Possible TRCP revisions, 2007
Texas e-Filing Rules
Counties: 30 so far; many more interested Current Counties: Bee, Bell, Bexar, Brazoria, Burnet, Cameron, Cass, Collin, Dallas, El Paso, Fort Bend, Goliad, Guadalupe, Harris, Hidalgo, Johnson, Lubbock, McLennan, Midland, Moore, Nueces, Potter, Randall, Tarrant, Tom Green, Travis, Upton, Victoria, Waller, Webb
Candidate Counties: Aransas, Austin, Bowie, Brazos, Calhoun, Denton, DeWitt, Ellis, Fayette, Galveston, Grayson, Gregg, Jackson, Kerr, Refugio, Washington
TexasOnline e-Filing Counties
Implementation
Coming soon
Brazos District Courts
Travis County Courts at Law
Harris County Courts at Law
Fayette, Austin, Waller County District Courts
…and others
Frequently Asked Questions
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?
Frequently Asked Questions
Registration, subscription fees $0
Transaction fees $4-19 per filing
Credit card fee 2.25%
Electronic Service is $4.50 - $10 for any number of parties served.
What fees are associated with e-Filing?
Frequently Asked Questions
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
COUNTY COURT AT LAW NO. 2
FILED
21 SEPTEMBER 2007
John Warren
County Clerk
Dallas County
Frequently Asked Questions
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?
Frequently Asked Questions
Discussions ongoing
14th Court of Appeals Local Rules
Clerk’s Record via CD now
OCA Funding Request
What about e-Filing in appellate courts?
Getting Started
Select a service provider
Register
“Opt in” for electronic service
www.texasonline.com/efiling
Attorneys, Paralegals, Pro Se
Getting Started
Select a service provider
Register
“Opt in” for electronic service
Attorneys, Paralegals, Pro Se
Getting Started
Select a service provider
Register
“Opt in” for electronic service Ready to e-File and e-Serve
Attorneys, Paralegals, Pro Se
Summary
Civil, family, and probate cases
Standard local rules; TRCP changes in review
Electronic service
Service providers: 7 and growing
TexasOnline e-filing is available now:
MCLE Credit
Course Title: Electronic Court Filing
Course Number: 900026114
Course Sponsor: 10885
MCLE & State Bar College: 1.0 participatory hour
Management & Technology Consultants.TM
TexasOnline e-Filing OverviewDallas Bar Association
Dallas, TexasSeptember 21, 2007
Getting Started
Adopt, post, and approve standard local rules
Commissioners approve service level agreement
Submit Auditor certification for convenience fee
Provide document and fees schedule
Designate account for deposits
Attend training
Ready to accept e-filing and issue e-notices
Courts and Clerks