1 / 32

E-Filing Rules and Procedures

E-Filing Rules and Procedures. Presented by the Office of the Hon. Pam Childers Clerk of the Circuit Court and Comptroller. eFILING IN STATE COURTS. Per §28.22205, Florida Statutes

yvette-schwartz
Download Presentation

E-Filing Rules and Procedures

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. E-Filing Rules and Procedures Presented by the Office of the Hon. Pam Childers Clerk of the Circuit Court and Comptroller

  2. eFILING IN STATE COURTS Per §28.22205, Florida Statutes 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…. www.EscambiaClerk.com Aug. 2013

  3. eFILING IS MANDATORY 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. (Fla. R. Jud. Adm. 2.520(a)). www.EscambiaClerk.com Aug. 2013

  4. Relevant Administrative Orders and Opinions • AOSC 09-30 - Statewide Standards for Electronic Access to Courts- Creates ePortal & defines efiling (July 1, 2009; currently on Version 10.0, May 2013) • AOSC 13-12 - Electronic Filing in the State Courts System via The Florida Courts E-Filing Portal (March 25, 2013) • SC 11-399 – Amend. to Rules - Electronic Filing (Oct. 18, 2012) • SC 10-2101 – Amend. to Rules - E-Mail Services Rules (Sept. 1, 2012) • SC 11-2466 –Amend. to Rule 2.420 – Confidential Records (Mar. 28, 2013) • SC 13-73 – Amend. To Fla. R. Jud. Adm. 2.516 – Service of Pleadings & Documents (April 4, 2013) www.EscambiaClerk.com Aug. 2013

  5. Rules of Judicial Administration • Rule 2.420 Defines list of 20 exceptions and requirements for filing confidential information • Rule 2.420(d)(5) important for judges, magistrates & hearing officers • Rule 2.425 Minimization Rule • Rule 2.515 Signature of Attorneys and Parties • Rule 2.516 Service of Pleadings and Documents • Rule 2.520 Documents – electronic filing mandatory • Rule 2.525 Defines electronic transmission of document to include filings through the centralized eportal www.EscambiaClerk.com Aug. 2013

  6. Fla. R. Jud. Adm. 2.420(d)(5) Except when the entire court file is maintained as confidential, if a judge, magistrate, or hearing officer files any document containing confidential information, the confidential information within the document must be identified as “confidential” and the title of the document must include the word “confidential”. The clerk must maintain the confidentiality of the identified confidential information. A copy of the document edited to omit the confidential information shall be provided to the clerk for filing and recording purposes. www.EscambiaClerk.com Aug. 2013

  7. Mandatory Service by E-Mail Service by E-Mail Mandatory - Sept. 1, 2012 Trial Court: Civil Small Claims Family Probate Appellate Cases: Supreme Court, DCA, Circuit Court Service by E-Mail Mandatory - Oct. 1, 2013 Trial Court: Criminal Traffic Juvenile www.EscambiaClerk.com Aug. 2013

  8. E-FILE vs. E-SERVICENot the same! E-File – allows attorneys to submit court documents electronically 24 hrs. a day, seven days a week. E-Service (electronic service) – electronic delivery of documents to parties www.EscambiaClerk.com Aug. 2013

  9. MANDATORY DATES ATTORNEYS MUST E-FILE April 1, 2013: Civil Family Law Small Claims Probate Appeals to Circuit Court in these categories October 1, 2013: Criminal Baker Act Traffic Juvenile Jimmy Ryce Appeals to Circuit Court in these categories December 27, 2013: First DCA www.EscambiaClerk.com Aug. 2013

  10. FILING DOCUMENTS • The ePortal Document Submission Standards should be followed in preparing documents that will be sent via the ePortal. • The e-filing portal accepts filings in Word, Word Perfect or PDF formats. • Scanned documents must be black and white and 300 dpt (dots per inch). • Maximum file size is 25 megabytes. Large documents can be submitted in smaller sections. www.EscambiaClerk.com Aug. 2013

  11. WHEN PAPER IS ACCEPTED Fla. R. Jud. Adm. 2.525(d) includes: • Documents filed in open court, as permitted by the court • Evidentiary exhibits or filing non-documentary materials • Documents filed by self represented parties, governmental or public agency without capability to efile, or attorneys excused from e-service • When filing involves documents in excess of 25 MB • If the court determines that justice so requires Fla. S. Ct. Standards for Electronic Access to the Courts (May 2013): • Original documents, such as death certificates or those that contain original signatures such as affidavits, deeds, mortgages and wills must be filed manually until further standards have been adopted. www.EscambiaClerk.com Aug. 2013

  12. Signature of Attorneys and Parties Fla. R. Jud. Adm. 2.515(c)(1) The signatures required on pleadings and documents by subdivisions (a) and (b) of this rule may be: (A) original signatures; (B) original signatures that have been reproduced by electronic means, such as on electronically transmitted documents or photographed documents; (C) electronic signatures using the “/s/,” “s/,” or “/s” formats by or at the direction of the person signing; or (D) any other signature format authorized by general law, so long as the clerk where the proceeding is pending has the capability of receiving and has approval from the Supreme Court of Florida to accept pleadings and documents with that signature format. www.EscambiaClerk.com Aug. 2013

  13. Signatures ATTORNEY EXAMPLE: JUDGE EXAMPLE: s/ Jane Does/ Jane Doe Jane Doe (Printed Name) Circuit Court Judge Fla. Bar No. 1234567 Attorney for (Plaintiff/Defendant) ABC Law Firm 123 Main Street Pensacola, FL 32501 (850)555-1212 Primary e-mail: Jane.Doe@ABCLaw.com www.EscambiaClerk.com Aug. 2013

  14. Fla. S. Ct. Standards for Electronic Access to the Courts 5.4. Judge Signature Judges are authorized to electronically sign all orders and judgments indicating the signature as (s/Jane Doe, Circuit Court Judge). 5.4.1. Security An electronic signature of a judge shall be accompanied by a date and time stamp and the case number, to reduce unauthorized usage. www.EscambiaClerk.com Aug. 2013

  15. Service of Pleadings & Documents Rule 2.516 (b)(1)(A) Service on Attorneys • All filings must include the primary and up to two secondary e‐mail addresses designated by the attorney. • An attorney who fails to designate an e‐mail address does not avoid service by e‐mail on that attorney. • Documents may be served on that attorney at the e‐mail address on record with The Florida Bar. (b)(1)(B) Exception to E-Mail Service on Attorneys The court may excuse an attorney from service by e‐mail if the attorney demonstrates that: - The attorney has no e‐mail account; and - The attorney lacks access to the Internet at the attorney’s office. If an exception is granted, then the attorney will neither be required to serve by e‐mail nor receive service by e‐mail. • The other service rules will then apply. (see 2.516(b)(2)) www.EscambiaClerk.com Aug. 2013

  16. Service of Pleadings & Documents Rule 2.516(b)(1)(C) Service on and by Parties not Represented by Attorneys A party not represented by an attorney may, at the party’s election, participate in service by e‐mail. Optional, not mandatory. The email designation may include up to two secondary e‐mail addresses. If an unrepresented party does not chose to participate in service by e‐mail, then service (on and by) must be made by the means other than email (see subdivision (b)(2)). www.EscambiaClerk.com Aug. 2013

  17. Service of Pleadings & Documents Rule 2.516(b)(1)(E) Format of E-Mail For Service Summary of Format Requirements • Each e‐mail must be addressed to all e‐mail addresses designated by each party being served. • Subject line: SERVICE OF COURT DOCUMENT – followed by case number. • Body: court; case number; the name of the initial party on each side; title of each attached document; sender s’ name and telephone number. • 5 MB Limit on size of e‐mail. www.EscambiaClerk.com Aug. 2013

  18. CONFIDENTIAL INFORMATION • If you are filing a document that contains confidential information, you must attach “Notice of Confidential InformationWithin Court Filing” as per Rule 2.420 • List of 20 exemptions in Rule 2.420 • Rule 2.420(e),(f),(g) & (h) provide methods for attorneys, parties, and non-parties to request the determination of confidential information. www.EscambiaClerk.com Aug. 2013

  19. Last four digits of a Taxpayer or Employee Identification Number Driver’s License Number Passport Number Telephone Number Financial Account Number Brokerage Account Number Insurance Policy Number Loan or customer Account Number Patient or health care Number Rule 2.425 - MINIMIZATION OF FILING SENSITIVE INFORMATION • 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 • Number www.EscambiaClerk.com Aug. 2013

  20. Rule 2.425 - MINIMIZATION OF FILING SENSITIVE INFORMATION • A truncated version of any: - email address - computer user name - password, or - personal identification number (PIN); and • A truncated version of any other sensitive information as provided by court order. • Exceptions listed in subdivision (b) www.EscambiaClerk.com Aug. 2013

  21. PLEADING CAPTIONS • Fla. R. Crim. P. 3.090; Fla. R. Civ. P. 1.100; Fla. Fam. L. R. P. 12.100, • 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. www.EscambiaClerk.com Aug. 2013

  22. FEES • Statutory filing fees and service charges • EPortal accepts two forms of payment • 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 • Electronic Check / E-Check • $3.00 transaction fee www.EscambiaClerk.com Aug. 2013

  23. TIMESTAMPS Fla. R. Jud. Adm. 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. www.EscambiaClerk.com Aug. 2013

  24. 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 www.EscambiaClerk.com Aug. 2013

  25. Technical FailureFla. S. Ct. Standards for Electronic Access to the Courts 3.2. Technical Failure In accordance with Rule 2.525(e), Florida Rules of Judicial Administration, any attorney, party or other person who elects to file any document by electronic transmission shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the clerk as a result. 3.2.1. Determination of Failure and effect on due date ….Delayed filings shall be rejected unless they are accompanied by a declaration or affidavit attesting to the filer’s attempts to file electronically that failed after 12:00 P.M. on at least two occasions that are separated by at least one hour due to such technical failure. The filer has the responsibility of ensuring that submissions are electronically filed and received. www.EscambiaClerk.com Aug. 2013

  26. Clerk’s E-Filing page EscambiaClerk.com www.EscambiaClerk.com Aug. 2013

  27. CLERK’S E-FILING PAGE • Link to the ePortal • Link to Court Records – Attorney Login • Helpful Hints for Escambia County e-filers • Guides for using the e-Portal • Links to Rules and Admin Orders • Answers to Frequently Asked Questions • Fee Schedule www.EscambiaClerk.com Aug. 2013

  28. www.EscambiaClerk.com Aug. 2013

  29. www.EscambiaClerk.com Aug. 2013

  30. www.EscambiaClerk.com Aug. 2013

  31. Timestamp – upper right corner of each filed document • \ www.EscambiaClerk.com Aug. 2013

  32. www.escambiaclerk.com www.EscambiaClerk.com Aug. 2013

More Related