Statewide Portal Electronic Filing - Wintter La · 2016-10-21 · do, i.e. send in request via regular mail or stop by the Clerk’s Office in person. – Summonses/Writs/Subpoenas

Statewide Portal Electronic Filing

Christin Gallardo, Esq.

Housekeeping

• All points of contact mentioned are summarized at the end of the presentation.

• All internet links/online resources mentioned are summarized at the end of presentation.

• Information changes very quickly. Keep yourself informed by visiting the Florida Bar website, the websites mentioned today and the websites of the Court and Clerk in the counties in which you practice.

Agenda

• Portal Structure, Governance and Guidelines • Implementation Schedule • RJA 2.514 Computing Time • RJA 2.515 Attorney Signatures • RJA 2.526 Accessibility • RJA 2. 520, 2.525 Electronic Filing • eFiling: System Requirements • eFiling: Submitting your eFiling • eFiling: Summonses, Writs and Subpoenas • eFiling: Notifications • eFiling: Pending Queue • eFiling Support

Portal Structure and Governance

Guidelines and Statutes and Rules Oh My!

• Florida Statute § 28.22205 – eFiling mandate • Florida Rules of Judicial Administration • Florida Supreme Court Standards for Electronic

Access • eFiling Authority Guidelines • Local Clerk Requirements

Implementation Schedule (SC11-399 and SC10-2101)

• April 1, 2013 – Mandatory electronic filing for Probate, Civil, Family, Small Claims and appeals to circuit court for these cases

• October 1, 2013 – Mandatory electronic filing for Criminal, Traffic, Juvenile and appeals to circuit court for these cases. – This date coincides with mandatory email service

(SC10-2101) for these divisions of the court.

• Eservice via the portal coming soon … (for a fee?)

Implementation Schedule Appellate Courts (SC13-7)

• February 27, 2013 optional for the Supreme Court. • April 1, 2013, mandatory for the Supreme Court. • July 22, 2013, mandatory for the Second DCA. • September 27, 2013, mandatory for the Third DCA. • October 31, 2013, mandatory for the Fourth DCA. • November 27, 2013, mandatory for the Fifth DCA. • December 27, 2013, mandatory for the First DCA.

Computing and Extending Time RJA 2.514

• “Uniform rule of procedure to govern the computation of time periods in all types of proceedings…” and also to “factor in periods of time extended by administrative order of the chief justice.”

• FRCP 1.090, Probate Rule 5.042 now refers to 2.514 – “Last Day” of a time period: unless a different time is set

by a statute, local rule, or court order, the last day ends at midnight for efiling and at close of business for clerk’s office for other means. RJA 2.514(4)

Signatures – eFiling and eService RJA 2.516 and 2.515

• Every pleading and other paper of a party represented by an attorney shall be signed by at least 1 attorney of record [including] record Florida Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number … RJA 2.515

Signatures – eFiling and eService RJA 2.516 and 2.515 • Any document served by e-mail may be signed by the /s/ format, as

long as the filed original is signed in accordance with the applicable rule of procedure. RJA 2.516(b)(1)(E)(iii).

• Florida Supreme Court Standards for Electronic Access - AOSC09-30 – 5.1. A submission by a registered user is not required to

bear the electronic image of the handwritten signature or an encrypted signature of the filer. Electronic signatures may be used in place of a handwritten signature unless otherwise prohibited by law.

• Paper filings: must be traditionally signed • eFilings: can be signed with /s/ or scan of traditional

signature

Signatures – eFiling and eService RJA 2.516 and 2.515

‘ s/ Susie A. Attorney ’ is also acceptable per ECF Standards.

Up to three email address designations

Both ‘/s/’ and printed name required!

Accessibility RJA 2.526

• Any document that is or will become a judicial branch record…must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973 as incorporated into Florida law by section 282.603(1), Florida Statutes (2010), and any related federal or state regulations or administrative rules.

Accessibility RJA 2.526

• Making court documents usable by assistive devices, i.e. screen readers

• Convert directly to PDF. • Lead pleading only at this time. Exhibits can be scanned

and then merged with lead pleading. • Can OCR but be mindful of size limitations for service

(5MB) and eFiling (25MB). • Use “s/” or “/s/” signature. • CLE on this topic available on Florida Bar website. • http://www.floridasupremecourt.org/clerk/electronicAcce

ssibility.shtml

Merging PDF Documents

• Convert lead pleadings directly from Word or Wordperfect to PDF.

• Exhibits or supporting documentation (i.e. proposed orders, contracts, documents produced in discovery) that already reside on your hard drive as a scanned image can be selected and merged with the original document using PDF merger software

• Software suggestions: Adobe (full version), CutePDF, Nuance

Electronic Filing RJA 2.520, 2.525

• All documents filed in court shall be filed electronically (after deadline.) RJA 2.520

• Official court file includes documents filed electronically together with documents scanned by the clerk, documents filed in paper prior to the implementation of the rule and materials that cannot be stored or converted or otherwise filed electronically. RJA 2.525

Electronic Filing RJA 2.525

• Exceptions: – When the clerk cannot accept – Self-represented litigants – Attorneys excused from email service per 2.516(b) – Evidentiary exhibits or non-documentary materials – Filed in open court – When permitted by statewide ECF procedures – If Court requires – Filings in excess of 25 MB “may be transmitted using an

electronic storage medium… .” • However, Broward Clerk prefers multiple transmissions

Electronic Filing RJA 2.525

• Exceptions: – When the clerk cannot accept – Self-represented litigants – Attorneys excused from email service per 2.516(b) – Evidentiary exhibits or non-documentary materials – Filed in open court – When permitted by statewide ECF procedures – If Court requires – Filings in excess of 25 MB “may be transmitted using an

electronic storage medium… .” • However, Broward Clerk prefers multiple transmissions

Documents Greater than 25 MB

• Portal size limitation is 25 MB. • Rule states documents larger than 25 MB may be

transmitted to clerk using flash drive, CD ROM, etc. • Broward Clerk’s preferred method is to send separate

transactions to Clerk via portal. – Initial transaction – Select correct Document Type – Follow up transaction(s) – Select Addendum. Follow up

document should be preceded by coversheet indicating the filing is a continuation of prior efiling transmission.

• If the greater than 25 MB filing is a new case, wait until the case number is received from the clerk to file the continuation.

Documents Greater than 25 MB

Document Requirements

• PDF, Microsoft Word or Corel Wordperfect can be uploaded to the Portal

• Black and White • Flat (layering may cause a problem when

transmitted through the portal) • 300 DPI minimum (this is a scanner setting) • For documents that will be recorded, be aware of

the space requirements on top right hand corner. RJA 2.520 (c)

Certified Copies, Summonses, Writs and Subpoenas

• Contact your local clerk’s office or visit their websites to

learn local procedures. • Broward Procedure:

– Obtain certified/true copies in the same manner you currently do, i.e. send in request via regular mail or stop by the Clerk’s Office in person.

– Summonses/Writs/Subpoenas will be listed under the Document Types. Select the appropriate document type(s).

– The fee for the eIssuance will be calculated automatically and will show as a Filing Fee once the document is uploaded and saved.

Certified Copies, Summonses, Writs and Subpoenas

• Broward Procedure (continued) – The clerk will apply stamps and signatures to the

electronic eIssued image, and an electronic version of the issued document will be sent to the filer via email.

– The filer should print and provide the hard-copy version of the issued document(s) to their service provider of choice for service.

– The process server has to return the hard copy of the eIssued document(s) either “served” or “unserved” back to the Clerk’s office in paper.

– The process server will continue this hard-copy process until the Portal resolves access for eFiling for non-attorney filers.

What can you eFile in one transaction?

• More than one pleading/motion/petition/paper on a single case (Do not combine separate motions into one document).

• All supporting documentation, exhibits, etc. must be included in the same file as the motion.

• Up to 25 MB in one transaction.

Follow up filing

• Wills, Mortgages, Deeds, Death/Birth Certificates, affidavits need to be filed in their original format (per Florida Supreme Court Standards for Electronic Access, Section 5.3)

• Consents to adoption • In Broward: Bonds • Any other document required by statute • Otherwise check with your local court and clerk

Follow Up Filing – Palm Beach County

• Until further notice, the following documents shall also be manually submitted: – Summons (a summons may be submitted with payment

electronically, and a runner must pick up the executed summons in person, or the filer may submit postage paid envelopes)

– Notice of Action – Certificates of Title – Writs (include check made payable to the sheriff) – Postage Paid Self-Addressed Envelopes for

Returned/Service List Documents (labeled with the case number and referencing document)”

System Requirements

• Internet Connection and Browser –Internet Explorer, Safari, Chrome

work fine –Occasional Firefox issues

• Scanner • Word Processing Software • PDF Merger Software

User Registration

• Visit www.myflcourtaccess.com to register an account. • Registration is a two-step process. • Currently, only Florida Bar registered attorneys can register to use the

portal. – Proposed Advisory Opinion 12-2, September 21, 2012: Authorizes

supervised nonlawyers to efile using employer’s credentials. – Recent article in Florida Bar news indicates that attorneys who are

temporarily suspended for failure to pay dues or report their CLE compliance will be locked out of the portal automatically (access restored as soon as compliant)

• You can associate three email addresses with one account. Create an inbox rule in outlook or a separate email address so you don’t miss any notifications.

Administrator Registration

• Law firm administrators can set up firm accounts. – Contact your local clerk. – Broward will have a website application form after April

1st. In the meantime, administrators can send a request to [email protected]

• Add already registered attorneys or add attorneys manually.

• Disable or disassociate a lawyer from the firm altogether.

• Central repository of all documents filed.

Submitting Your eFiling

Existing case is currently your only option in Family and Circuit Civil. Simple eFiling is not available in Broward.


Choose Type of Court, County and select Division.


Court Types

Family (CACE): DR

Civil (CACE): CA

Probate (PRC): CP

Mental Health (MHC): MH

For existing cases, enter case number and select Court Type.


Press Search to find your case.


Existing case filings: The parties to the case will be displayed on the next screen. Select your party. If you do not see your party listed, do not select any and proceed to the next page. New case filings: Add party information as required. Date of birth, death, etc. refers to ward/decedent. Please do not use all caps to enter party information.

Submitting Your Filing

Click Add Document.

Submitting Your eFiling Choose Document Group ‘All’ and then find the pleading you are filing in the Document Type Listing. You can press a key to jump to that letter of the alphabet. Upload your document.

Acceptable document formats are PDF, Word, and WordPerfect.


Attachments, supporting documentation and proposed orders must be included in the same file. New Feature! Clicking ‘View’ will allow you to view the document you’ve uploaded.


Enter payment information if necessary. If a fee is required, acceptable payment types are Mastercard, Amex, Discover and ACH withdrawal. Visa is not accepted.


The review and submit page provides another opportunity to verify your information and that you have uploaded the correct files. This information is located at the bottom of the page.


After submission, please take note of the reference number.

New Case Filing – Circuit and County Civil

Complete all required fields. If you do not see the corresponding Proceeding Type select the generic “County Civil” or “Circuit Civil.”

Summonses, Writs and Subpoenas

Select the appropriate summons, writ or subpoena at the Documents tab.

Summonses, Writs and Subpoenas

The appropriate fee will populate once you successfully upload the document.

New Case Filing- Circuit and County Civil • For ALL NEW cases in county civil, until you see a

change, use generic Proceeding Type “County Civil”. • If you do not see a case Proceeding Type in Circuit

Civil that corresponds to what you are filing, use the generic proceeding type “Circuit Civil” listed.

• Specific county civil filing types will be implemented later in the year.

• Don’t forget to include your civil cover sheet as one of the documents in your new case filing.

Notifications

• You will receive two emails. – The first will indicate successful transmission of your

document to the Portal/Clerk. – The second (received with 24 hours) will notify you of the

Clerk’s action, i.e. accepted or moved to pending queue. • Your filing log will be updated.

• If you do not receive notification of the processing of

the documents within 24 hours of submission, send an email to [email protected] with the reference number of your filing in the subject line.

mailto:[email protected]

Pending Queue

• Rejected eFilings: Transactions with problems are moved to the pending queue.

• The filer has at least 5 days to correct by resubmitting the filing using pending queue functionality.

Common Mistakes That May Result in Pending Queue

• Documents submitted for more than one case. • Case style referenced incorrect jurisdiction. • The case/cause number on the document was

incorrect. • Adversary case number isn’t specified correctly.

Common Mistakes That May Result in Pending Queue

• Proposed order, receipt for online scheduling, or

cover letter submitted as lead document. (One exception – submit unsigned proposed orders with a cover letter as the first document in the file.)

• Rejected at request of filer. • Scanning requirements not met: 8.5” x 11”, scanned

right-side up, 300 dpi resolution, and in sequence. • Documents were not signed. • Fee waiver rejected.

Pending Queue

If you receive an email indicating your filing has been moved to the pending queue, log on to the portal and visit “My Trial Court Filings” Your “pended” filing will be in purple. Click the filing number to be taken back to summary screen where changes can be made.

Pending Queue

Division, case number and court type can be changed. County and Court type cannot be changed.

Pending Queue

Move to document tab to make changes to uploaded pleadings. Press View to see uploaded document. Press edit to change document type and/or upload a different document.

Pending Queue

• Removing and/or adding a new document will result in a new time stamp.

• Changes to division and case number will maintain original time stamp.

• For new cases, a new payment is required. The first payment will not settle.

Technical Failure

• Technical failure occurs if Clerk of Court’s server is unable to receive filings either continuously or intermittently over the course of any period of time after 12:00 P.M. that amounts in the aggregate to more than one hour of that day.

• In the event of such a technical failure, filings due that day shall be considered due the next business day.

• Filers wishing to avail themselves of this provision must accompany their filing with an affidavit attesting to their attempt to electronically file after 12:00 P.M. on at least two attempts separated by at least one hour the previous business day.

• For other issues affecting the electronic filing of a court document, the Court may, after an evidentiary hearing and upon satisfactory proof, enter an order permitting a document to be filed nunc pro tunc to the date it was first attempted to be sent electronically.

– Florida Supreme Court Standards for Electronic Access

Resources

• www.myflcourtaccess.com detailed eFiling manual available via link at bottom of page (also linked on 17th Circuit website.)

• ADA Link www.floridasupremecourt.org • Florida Supreme Court Standards for Electronic Access AOSC0930

http://www.flcourts.org/gen_public/technology/bin/UpdatedE-AccessStandardsFeb2012v7.pdf

• Efiling Authority (including instructional videos and other materials) • http://www.flclerks.com/eFiling_authority.html#Manuals • Broward: www.17th.flcourts.org eFiling web page, comprehensive FAQ

and powerpoints. • Broward: www.browardclerk.org (will also provide links to resources) • Miami-Dade: http://www.miami-dadeclerk.com/faq_efiling.asp • Palm Beach: http://www.mypalmbeachclerk.com/efiling.aspx

http://www.myflcourtaccess.com/

http://www.floridasupremecourt.org/



http://www.flclerks.com/eFiling_authority.html

http://www.17th.flcourts.org/

http://www.browardclerk.org/

http://www.miami-dadeclerk.com/faq_efiling.asp

http://www.mypalmbeachclerk.com/efiling.aspx

Support

• Portal registration issues/technical problems with Florida Courts ePortal: [email protected] or eFiling Portal Help line at 850-577-4609

• Broward -Did not receive notification of clerk action within 24 hours: send an email to [email protected] include reference number in the subject line

• Other questions: Broward County Clerk Internet/Public Access Help Desk at 954-831-5588 and your call will be routed to the appropriate division



Thank you!