Massachusetts Appeals Court e-Filing Program

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Presentation transcript:

Massachusetts Appeals Court e-Filing Program

What does the Appeals Court Need and Expect for e-Filing? $E-file whenever possible $Avoid filing paper $Avoid using emotions@appct.state.ma.us

Background 2011 Standing Orders requiring PDFs Thomson Reuters scanning of paper briefs Coordination with Trial Court Transcripts in PDF Notices of Assembly from Lower Court Appeals Court’s eNotices 2016 Efiling pilot launch & gradual expansion 2017 Any paper filed is scanned to PDF

Next Steps Mandate attorney registration Limited “Mandatory” e-filing Impounded Documents

"Mandatory" for some documents, with waiver optional. Criminal cases = all filings Civil cases = attorneys' briefs and appendices Not mandatory for self-represented parties Not mandatory for impounded documents Civil post-panel assignment & docketing statements - mandatory & may request to waive fee

Motion to Waive & File Paper Mandatory program but attorney may file motion to be excused from e-filing for undue hardship, significant prejudice, or other good cause and submit paper copies

www.efilema.com

Appeals Court Electronic Filing Information Center

E-Filing a Brief Each PDF containing a brief or appendix must begin at page one and be numbered consecutively. The page numbers on the document must match the page number displayed in the adobe reader software. All PDFs must be fully text-searchable, either by directly exporting them from a word processor, or by using optical character recognition (OCR). The certificate of service is included in the PDF with the brief. The certificate of compliance (Rule 16[k]) is included in the PDF with the brief. The addendum is included in the PDF with the brief. The PDF containing the brief, addendum, and certificates is less than 25 MB. You may file more than one PDF in an envelope, so long as the envelope's contents do not exceed 35 MB.

E-Filing an Appendix Each PDF containing a brief or appendix must begin at page one and be numbered consecutively. The page numbers on the document must match the page number displayed in the adobe reader software. The record appendix is NOT included in the PDF with the brief, but is a separate PDF or PDFs Each volume of the record appendix is less than 25 MB. Because each volume of appendix must be less than 25MB, it is recommended that you ascertain the file size of the appendix before applying page numbers and completing your table of contents and brief citations. To reduce file size, convert directly from your word processor where possible, and otherwise scan in black & white at 200 dpi unless color or high-resolution images are needed The first volume of the record appendix contains a complete table of contents referencing all volumes, and each additional volume contains a table of contents for that volume For multi-volume appendices, each volume is separately paginated so that each volume's cover is page one. On the cover and in the "Description" field after you upload the "Lead Document" to eFileMA, use roman numerals to indicate multivolume appendices (e.g., "Volume I of II").

Common Questions & Problems “Related party” field Service contacts PDF’s Megabyte size Certificate of Service not with Brief Appendix not separate from brief Illegible pages Text searchable PDF

Appeals Court’s Internal Paperless Practices Judges’ iPads Pros Staff attorneys, editors, law clerks, Reporter Reviewing briefs & appendices, Writing, Editing, Publication WiFi in courtrooms Clerk’s Office scanning Motion review and actions

Educational Options for the Bar Appeals Court trainings held at BBA, MBA, CPCS & MCLE Appeals Court Website Instructions, tips, & forms Appeals Court telephone hotline Tyler webinars Tyler guides & instructions, searchable Tyler telephone helpdesk