TexasOnline e-Filing Overview Dallas Bar Association Dallas, Texas September 21 , 2007

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


Attorneys Clerks

A

B

C

D

E

1

2

In the beginning…there were attorneys and clerks.


Attorneys Clerks

A

B

C

D

E

1

2

Attorneys needed to file documents with the clerks…lots of documents.


Attorneys ClerksEFSPs*

A

B

C

D

E

1

2

*EFSPs: Electronic Filing Service Providers

X


Attorneys ClerksEFSPs

A

B

C

D

E

1

2

Counties contracted with a service provider (LawPlus).

X



A

B

C

D

E

1

2

Attorneys contracted with the service provider (LawPlus).

X


ClerksEFSPs

1

2

3

4

5

6

Other counties may contract with other providers.

X

Y

Z



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.


ClerksEFSPs

1

2

3

4

5

6

Simple model for counties…

X

Y

Z



A

B

C

D

E

1

2

3

4

5

6

Complex model for attorneys…multiple accounts and standards.

?X

Y

Z


Lessons Learned…First Two Counties

e-Filing works

Single service provider model is…

Good for counties

X Less good for attorneys

Need statewide standards


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 Nation

Official 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

Same players as before…


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…


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


Clerks

1

2

3

4

5

6

Clerks connect to eFiling for Courts.

EFM

TexasOnline


ClerksEFSPs

X

1

2

3

4

5

6

Y

Z

Service providers connect to eFiling for Courts.

EFM

TexasOnline



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.


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


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


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


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


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 Features

Secure filer authentication

Court fee and filing information online

File-stamped copy to filer

Data kept private and not sold


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


Filer Accesses Account

Filer Enters Information

1. Select jurisdiction

2. Enter case information

3. Enter payment information

4. Attach document(s)

5. Submit filing

Filer Submits Document

Filer Receives AcknowledgementFrom: [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

Clerk Opens Inbox

Clerk Reviews Filing



IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS

COUNTY COURT AT LAW NO. 2

Clerk Accepts Filing

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


COUNTY COURT AT LAW NO. 2FILED

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


Attorney Perspective

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


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



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





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


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


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


e-Filing order

e-Service order

Electronic orders

Global “opt-in” for electronic service

Noteworthy Provisions:


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


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

Counties 29

Clerks 38

Courts 260

Population ~66%

Implementation

Coming soon Brazos District Courts

Travis County Courts at Law

Harris County Courts at Law

Fayette, Austin, Waller County District Courts

…and others


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?


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?


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?


COUNTY COURT AT LAW NO. 2FILED

21 SEPTEMBER 2007

John Warren

County Clerk

Dallas County


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?


Discussions ongoing 14th Court of Appeals Local Rules

Clerk’s Record via CD now OCA Funding Request

What about e-Filing in appellate courts?



TexasOnline (fee)

TAMES

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


Getting Started

Select a service provider Register “Opt in” for electronic service Ready to e-File and e-Serve


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

e-Filing Overview

Questions?

e-Filing Overview

For more information:

www.texasonline.com/efiling

www.courts.state.tx.us/oca/jcit

http://www.courts.state.tx.us/oca/jcit

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