e-filing Update Walk a Mile in a Judge s Shoes Florida Bar Association - Circuit Civil Seminar
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1 e-filing Update Walk a Mile in a Judge s Shoes Florida Bar Association - Circuit Civil Seminar May 11, 2012
2 The Legal Environment is Changing More reliance on technology Paperless court system Focus on ethics
3 The Journey of a Paper Document The paper document is received in the office or by mail Date and time stamps are entered Staples and paper clips are removed from every document Document scanned Non-conforming/Wrinkled papers are taken out of queue and scanned separately Upon Judge s request the file is: Manually pulled, checked out of the tracking system, & delivered to court room Upon conclusion of Judge s review or court action the file is: Retrieved from courtroom, checked in to the tracking system, re-filed in the file room Document is validated, redacted and docketed
4 Clerk s Role in Court Records Fla. Stat. All court records and official records are the property of the State of Florida and the Clerk of Court is the constitutionally designated custodian. The Clerk safeguards public records and public funds The Clerk reviews and verifies records The Clerk provides safe and secure access
5 History of e-filing 2000 Clerks Initiate e-filing With Scanning/Redaction 2003 Supreme Court Moratorium 2009 State Legislature Mandates e-filing 2009 Clerks Create e-filing Portal 2010 Clerks Create e-filing Authority 2012/13 Clerk Requirements/Mandatory Filing Dates
6 The Costs to the Clerk Official Records System $2,941,130 Imaging & Redacting Equipment/Software $12,373,726 Technical Staff $6,273,955 Total Implementation $21,588,811 6/18/2012
7 Supreme Court Moratorium AOSC03-49 (2003) The Supreme Court issues first Moratorium prohibiting electronic access to court record images In 2004, Supreme Court issues amended moratorium reaffirming original moratorium with limited exceptions.
8 Legislature Mandates e-filing Electronic Filing Process Fla. Stat. In 2009, legislation required each Clerk to implement an electronic filing process Each Clerk shall implement an electronic filing process Directed Supreme Court to set statewide e-filing standards by Oct. 1, 2009
9 Clerks Create Statewide Portal AOSC09-30 Statewide Standards for Electronic Access to the Courts The Clerk s e-filing Portal was created based on National e-filing standards as developed by the National Center for State Courts (XML Standard ECF 4.0). The Clerk s e-filing Portal complies with statewide technical standards as defined in AOSC09-30.
10 Administrative Order Statewide Standards for Electronic Access to the Courts How are electronic signatures handled? e-portal supports electronic signatures as outlined in AO 09-30: A pleading or other document is not required to bear the electronic image of the handwritten signature or an encrypted signature of the filer, but may be signed in the following manner when electronically filed through a registered user s login and password. s/ John Doe John Doe ( address) Bar Number Attorney for (Plaintiff/Defendant) XYZ Company ABC Law Firm 6 S. St., Orlando, FL Telephone: (407)
11 Administrative Order Statewide Standards for Electronic Access to the Courts Original documents (Death Certificates, etc.) or those that contain original signatures such as affidavits, deeds, mortgages and wills must be filed manually until the court has determined the digital format by which these issues are addressed. 11
12 e-portal Functions e-filing and Recording Capability Single statewide point of entry for e-filing Universal submission system- attorneys do not need special software Provides for transmissions to/from Provides confirmation, error notices
13 E-Filing Authority Board Created in 2010, Florida Courts e-filing Authority, a rulemaking body created to govern the portal's development and implementation Consists of eight Circuit Court Clerks and the Clerk of the Supreme Court Clerk Bock elected to Board since /18/
14 e-filing Board Policies Date/time stamp Attorney Bar number access and password protected Firm Administrator Role/Law Office Manager Payment mechanism/service charge
15 e-portal Statewide Statistics January 1, 2011 to March 31, ,371 documents filed (9,091 per month) 7,836 registered users 6/18/
16 Palm Beach County e-filing Pilot Report June 7, 2011 to April 10, 2012 Accepting simplified filings Documents filed: 9,092 Registered Attorney Users in Pilot Program: 96
17 e-filing Timeline Clerks required to accept civil filings by July 2012 Clerks required to accept criminal filings by December 2012 Mandatory e-filing for civil begins April 1, 2013 (tentative) Mandatory e-filing criminal begins Sept. 30, 2013 (tentative) 6/18/2012
18 The Journey of an Electronic Document through the Clerk s Office After E-Filing The document is received electronically through an E-filing Portal Document is electronically stamped, validated, redacted, and docketed Judges and Public view documents electronically
19 QUESTIONS? HANDOUTS
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