Power Point PresentationPower Point Presentationprepared for the prepared for the 2/6/14 Bench Bar 2/6/14 Bench Bar

discussiondiscussion

1. Vendor issues vs. Probate Division issues 1-6

2. eFiling information and assistance available through the website 7 - 14

3. Top Ten Reasons Why eFilings are Rejected 15-46

PROBATE DIVISION ISSUE PROBATE DIVISION ISSUE RE: ACCEPT/REJECT QUEUERE: ACCEPT/REJECT QUEUE

PORTAL PROBLEMSPORTAL PROBLEMSDescription of filing has too many characters

(will be rejected at submission to Portal)Software ProblemsHardware ProblemsHow to Create eService ListHow to Serve JudgeCompatibility with Mac/Smart phone/TabletsLoading DocumentsUsing the Dashboard

PORTAL PROBLEMSPORTAL PROBLEMSWho Gets Notice when eServedReceiptsHow Payments Are Charged for Filings that

are AcceptedHow Filer is not Charged for Filings that are

Rejected

REJECTED AT SUBMISSION TO PORTAL REJECTED AT SUBMISSION TO PORTAL (must be refiled with vendor)(must be refiled with vendor)

ACKNOWLEDGEMENT BY FSXACKNOWLEDGEMENT BY FSX (THROUGH PORTAL) (THROUGH PORTAL)

ACCEPTED BY PROBATE DIVISIONACCEPTED BY PROBATE DIVISION

(accepted filings are automatically placed on docket AS ISAS IS)

REJECTED BY PROBATE DIVISIONREJECTED BY PROBATE DIVISION

eFiling Information and eFiling Information and Assistance Available Assistance Available

Through The WEBSITEThrough The WEBSITE

Welcome to Probate MattersWelcome to Probate Matters

Probate Division eFilingProbate Division eFiling

Administrative Order includes --Administrative Order includes -- Who Must eFile Requirements for maintaining the original

document Documents excluded from eFiling Format requirements for eFiled documents,

including electronic format, signature requirements and how to handle a raised seal

eService of documents Privacy requirements How to eFile a fee petition Change of address requirements Instructions for Emailing proposed orders

Website IncludesWebsite Includes 30 FAQs(Answers to Frequently Asked Questions) 

Welcome to Probate MattersWelcome to Probate Matters

Filings that are Rejected Filings that are Rejected by the Probate Division:by the Probate Division:

are not placed on docketdoes not prevent delinquency notices or

summary hearings does not trigger response time by opposing

counselif amended and eFiled again, should be served

again on all parties with a new certificate of service

REMEMBERREMEMBER, save original

Top Ten Top Ten Reasons Why Reasons Why eFilings Are eFilings Are

Rejected Rejected 

REASON #1REASON #1Missing Email Address /

Bar Number 

Administrative Order requires:Administrative Order requires: 

/s/ or typographical or imaged signature on the signature line typed name Address telephone number email address Bar number

You can sign by hand or by /s/

Example:/s/ Jane Doe Bar No. 453211400 Pennsylvania Avenue, NW Suite 100Washington, DC 20001(202) 888-1212Jane.Doe@gmail.com

If you are trying to enter the appearance of more than If you are trying to enter the appearance of more than one attorney, create a signature block for each attorneyone attorney, create a signature block for each attorney

 

/s/ Jane Doe Bar No. 45321 Doe & Glenn, PC 1400 Pennsylvania Avenue, NW Suite 100 Washington, DC 20001 (202) 888-1212Jane.Doe@gmail.com/s/ John Glenn Bar No. 45222 Doe & Glenn, PC 1400 Pennsylvania Avenue, NW Suite 100 Washington, DC 20001 (202) 888-1212JohnGlenn@gmail.com

Attorney must list Bar number; if attorney is a member of a Bar other than DC Bar, give Bar number and jurisdiction

Mandatory eFiling applies to attorneys “whether appearing as counsel, fiduciary, or otherwise”

If needs to be notarized – use standard notary provision and shade embossed seal with a pencil so it is legible

TIP - TIP - Scan document in HIGH RESOLUTION WITH COLOR so that signature is legible (open up document after uploaded to check for legibility)

If a pleading is being filled that does not have all the required information, please ADD ITADD IT

Can add to signature line when signing or using tools available depending upon your version of Adobe Acrobat software.

Website forms are being updated, beginning with some of the most common filings, but will take some time to convert 300 forms

Forms Already UpdatedForms Already Updated

REASON #2REASON #2Incomplete Certificate of Service

  

Certificate of service list is checked against the court’s list of parties in the court’s case management system

 WHY? WHY?  What if eFiler serves more people than on Court’s list of parties? OKOK What if eFiler serves fewer people than those included on the Court’s list of parties?

Clerk checks discrepancy to see if there is something wrong with the Court’s list of parties and corrects if error.

If no error Court’s list of parties is discovered, clerk rejects and notifies eFiler to serve missing person/organization. 

TIP:TIP: Type the service list on a separate page and identify how each person is served, so you can use the same service listing, adding yourself, as the cc list for the proposed order.

TIP:TIP: Review your standard certificate of service provision. Updated court forms use the following language:

I certify that on the ____ day of _________, 20__, a copy of this filing was either eServed in accordance with the provisions of Administrative Order 13-15 or served by first class mail, postage prepaid, on the following persons: (list names and complete mailing addresses)

________________________Signature

Common problems:Common problems:1. Ward receives VA benefits but VA not served

2.  eFiler serves counsel rather than interested party but counsel not reflected in Court’s list of parties because not included on initial filing for that person as counsel and has not filed entry of appearance

3. eFiler does not serve counsel thinking that party is no longer represented but counsel has not withdrawn

4. Creditors who have timely filed a claim for more than $500 in decedents’ estates are interested persons.

TIP:TIP: The fiduciary can file a Release or Satisfaction of Claim signed by the creditor, a Notice of Action on Claim indicating that the claim has been paid in full, or a Praecipe indicating that the creditor has been paid in full with a receipt attached.

5. Heirs are interested persons until 6 month notice period has elapsed

6. Persons identified in the Findings of Fact as continuing as parties in the matter are interested persons

7. Persons granted permission to participate are on the Court’s list of parties

8. Legatees are on Court’s list of parties, unless the personal representative files a receipt that indicates payment in full in accordance with the will

9. Fee petitions following general proceeding should be served on all persons appointed by the court, including counsel for subject, GAL, visitor, examiner, and the court-appointed guardian/conservator. For all other purposes, counsel for subject, GAL, visitor, examiner are dismissed. Counsel for petitioner continues if client appointed as guardian or conservator.

(New FAQ will be added to the website shortly regarding fee petitions)*The Court’s list of parties in each case may be viewed on public computers located

in Probate Clerk’s Office

 

REASON #3REASON #3Filing excluded from eFiling SOLUTION: Read Administrative Order 13-15 carefully before eFiling

 

Non-attorneys can eFile – procedures explained in FAQs

Attorney can eFile documents for clients such as Guardianship Reports BUTBUT cannot sign for another person

Process servers can paper file Affidavits of Service

REASON #4REASON #4Missing signature

SOLUTION:Check carefully before eFiling

REASON #5REASON #5Wrong case number

 SOLUTION: Check carefully before eFiling

* Please list only one case number in caption

 

REASON #6REASON #6Missing cc list on order

SOLUTION: Check carefully before eFiling

PLUS …..PLUS …..

SOLUTIONSOLUTIONCreate standard signature

block for all your filings that complies with

Administrative Order 13-15.

 

REMEMBER – REMEMBER – ***Once you have successfully filed your pleading and received

notice that it has been accepted, REMEMBER to email (not eServe) your order in Word format or the website format if a form from the website.

***Use the email address contained in Administrative Order 13-15, ProbateDivisionEfiling@dcsc.gov. You will get an automated reply that it has been received.

***In the subject line of the email, put the following information – 1. Case number, using 4 digit year, then case type abbreviation,

then # of the case, such as 2014ADM152. The date you eFiled the filing3. The title of the filing

Please follow this format exactly so that your order can be located

***For each person listed on the cc list for your order, REMEMBERREMEMBER to indicate whether that person should be eServed or served by mail

***Pro se filers can opt into eService by filing a Notice of Registration (See Adm. Order 13-15)

TIP:TIP: The service list in FileandServeExpress is an open system, so check against your list, as other filer can delete and change the eService list

TIP:TIP: If you are not serving a person, do not delete that person from the eService list, just uncheck the serve box

REASON #7REASON #7Stale Certificate of Service* Stale if either filed before service or

within 5 days after service. SCR Civil 5(d)* Day of service is not included in the 5 day

count

* Last day is extended until the next business day if it is a Saturday, Sunday, or holiday. SCR Civil 6(a)

How we countHow we countService on ThursdayService on Thursday

Thursday X not counted

Friday √ day one

Saturday X not counted

Sunday X not counted

Monday √ day two

Tuesday √ day three

Wednesday √ day four

Thursday √ day five(last day when service list not stale)

Special issues with Fee petitions–

*Serve by mail 20 days before eFiling, in accordance with SCR-PD Rule 308;

*Do not change that certificate of service;

*At time of eFiling, do not remail; and

*Remember that motions to late file should not be eFiled prior to the 21st day.

SOLUTION:SOLUTION:

If certificate of service stale, serve again and then eFile

REASON #8REASON #8Fee petition filed with list of pending cases

New Certification LanguageNew Certification LanguageI, (name of attorney) certify that in each case in which I am guardian, conservator, personal representative, or counsel for any of them: (A) within the last 30 days I have personally verified the current location and health status and ongoing availability of placements for wards in guardianship cases except guardianships of the property of minors, and except that in the event a ward cannot be located, I have diligently sought to locate the ward as follows: (detailed description of efforts to locate the ward) and for wards that have no fixed address, it is for the following reasons (detailed explanation): (B) in cases in which I am a fiduciary, other than petitions or requests for compensation to me, I have filed all reports, verifications of notice, accounts, and subsequent requirements due as of the date of this petition or request, and  (C) In cases in which I am counsel to the fiduciary, I have verified that the filing requirements are current or within the last 10 days I have advised my client in writing of the necessity for bringing them current.

TIP: TIP: Place at end of pleading just prior to signature block

REASON #9REASON #9Information needs to be redacted

SCR Probate, Rule 5.1 sets forth privacy requirements, with the responsibility for redacting personal information resting solely with filerDocuments containing financial information, such as checks showing bank account numbers, cannot be eFiled unless redactedDocuments that cannot be eFiled, such as inventories and accounts, cannot be attached to eFiled documents as exhibits

SOLUTION: SOLUTION: Familiarize yourself with SCR Probate 5.1 and Administrative Order 13-15

REASON #10REASON #10Missing VCNO or proofs

SOLUTION: Please file together

LASTLY …LASTLY …You can always file a Change of Address Praecipe in a case as a related document to the lead filing without any additional cost

Please notify the Court when your address or the address of your client changes, as Court notices are NOT eServed, but sent by mail to the address of record in the case

If mail is delivered to the last known address of a party or counsel in a case and is returned on more than one occasion, the Court will not continue to send mail to that address and will change the address in the Court system to “address unknown”