Texas.gov eFiling for Courts eFiling: A Tutorial Hosted By: Region 5 Clerks Conference Presented by: Jake Stine, Texas.gov March 11, 2011 Houston, Texas May 12,

Agenda ▸ Why do we need e-Filing? ▸ Texas e-Filing – The History ▸ The Texas.gov e-Filing Solution ▸ Texas e-Filing Rules ▸ Participating Counties and Courts ▸ Frequently Asked Questions ▸ Question and Answer

Why Do We Need e-Filing? 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 impact: 80% of surveyed judges say the volume of paper is an increasing problem The Problem: Paper process is not efficient

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 Texas eFiling Environment There is a better way … Clerk reviews and accepts document electronically Filer is notified via the Internet Court files are updated Attorney prepares document electronically

Texas eFiling – The History Jefferson – 1995 Montgomery – 1997 Two counties pioneered eFiling in Texas Selected civil cases in district courts Contracted with LawPlus

Texas eFiling – The History In the beginning, there were attorneys and clerks … Attorneys A B C D E Clerks 1 2

Texas eFiling – The History Attorneys needed to file documents with the clerks … lots of documents! Attorneys A B C D E Clerks 1 2

*EFSPs: Electronic Filing Service Providers Texas eFiling – The History X EFSPs*Clerks 1 2 Attorneys A B C D E

Texas eFiling – The History Clerks 1 2 Counties contracted with a service provider (LawPlus) X EFSPs*Attorneys A B C D E

Texas eFiling – The History Clerks 1 2 Counties contracted with a service provider (LawPlus ) X EFSPs*Attorneys A B C D E

EFSPs Clerks 1 2 Other counties may contract with other service providers Texas eFiling – The History YZ X EFSPs*

Clerks Attorneys A B C D E Attorney may contract with different service providers to file in different counties Texas eFiling – The History YZ X EFSPs*

Clerks Simple model for counties … YZ X EFSPs* Texas eFiling – The History

Complex model for attorneys … multiple accounts and standards X Y Z EFSPs Clerks 1 2 Attorneys A B C D E ? Texas eFiling – The History

eFiling works Single service model is … Good for counties x Not so good for attorneys Need statewide standards Lessons learned from the first two counties Texas eFiling – The History

§ , 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; JCIT eFiling Charge Texas eFiling – The History

Statewide technical standards and rules + Open competition for service providers + Single, standard statewide portal (EFM) = JCIT’s intent Texas.gov Texas eFiling – The History

Official website of the State of Texas Texas.gov Texas eFiling – The History

Texas.gov eFiling Solution

Same players as before … Attorneys A B C D E Clerks Texas.gov eFiling Solution

But now, in addition to service providers … X EFSPs YZ Attorneys A B C D E Clerks Texas.gov eFiling Solution

We add eFiling for Courts, the state’s electronic filing manager (EFM) or “post office” EFM X EFSPs YZ Attorneys A B C D E Clerks Texas.gov eFiling Solution

Clerks connect to eFiling for Courts Clerks EFM Texas.gov eFiling Solution

Service providers connect to eFiling for Courts Clerks EFM X EFSPs YZ Texas.gov eFiling Solution

Attorney chooses a single service provider X EFSPs YZ Attorneys A B C D E Texas.gov eFiling Solution

X EFSPs YZ Attorneys A B C D E Attorneys choose a single service provider Texas.gov eFiling Solution

eFiling for Courts serves clerks and service providers as the “post office” X EFSPs YZ Attorneys A B C D E Clerks EFM Texas.gov eFiling Solution

Standard XML metadata for management system import X EFSPs YZ Attorneys A B C D E Clerks EFM DMS CMS DMS XML pdf Vista Hart TSG Max Ody Local Texas.gov eFiling Solution

Attorneys can electronically serve copies on opposing counsel at the same time that they e-file with the court. X EFSPs YZ Attorneys A B C D E Clerks EFM e-Service of copies Texas.gov eFiling Solution

Attorneys can electronically serve opposing counsel with discovery requests, disclosures, responses, and notices that are not filed with the court. X EFSPs YZ Attorneys A B C D E Clerks EFM eService Plus Texas.gov eFiling Solution

X EFSPs YZ Attorneys A B C D E Clerks EFM Orders, notices, settings Judges can issue orders, notices, and settings to parties electronically. Texas.gov eFiling Solution

TexasOnline features Secure filer authentication Court fee and filing information online File-stamped copy to filer Data kept private and not sold Texas.gov eFiling Solution

Filer logs on to service provider Filer enters information Filer submits filing Clerk reviews filing online Clerk accepts filing Filer receives confirmation and copy TexasOnline eFiling process Texas.gov eFiling Solution

Filer accesses account Texas.gov eFiling Solution

Filer enters information 1.Select jurisdiction 2.Enter case information 3.Enter payment information 4.Attach document(s) 5.Submit filing Texas.gov eFiling Solution

Filer Submits Document Texas.gov eFiling Solution

Filer Receives Acknowledgement From: Sent: Tuesday, August 22, :24 AM To: Subject: Filing Trace Number ED126J has been received by the eFiling for Courts PLEASE DO NOT REPLY TO THIS . This 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, :24 AM Delivered to Court: Johnson District Time Zone of Jurisdiction: (GMT-06:00) Central Time (US & Canada) Trace Number: ED126J Official Date/Time: Tuesday, August 22, :24 AM Cause Number: Style/Case Name: Alien vs. Predator Title of Document: Motion for Summary Judgment.pdf Thank you, eFiling for Courts Texas.gov eFiling Solution

Clerk Opens Inbox Texas.gov eFiling Solution

Clerk Reviews Filing Texas.gov eFiling Solution

Clerk Reviews Filing Texas.gov eFiling Solution

IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS 298 TH DISTRICT COURT Clerk Reviews Filing Texas.gov eFiling Solution

Clerk Accepts Filing Texas.gov eFiling Solution

Filer Receives Confirmation PLEASE DO NOT REPLY TO THIS . This serves as your receipt. FILING INFORMATION Case/Cause Number: 8975 Filing Type: Divorce Filing Attorney: Tran Pham Client Matter #: Style/Case Name: Hyde vs. Jekyll Sealed Indicator: No Status: CONFIRMATION Date of Status: Monday, March 05, :49 AM Court/Calendar: County Court at Law Filing Trace Number: ED027J Comments: Thanks for eFiling **Filing Status Legend Confirmation - Your filing has been reviewed and accepted by the clerk. Alert - Your filing has been reviewed and rejected by the clerk. PAYMENT INFORMATION Payment Method: VISA Amount: $ Payment Status: paid Texas.gov eFiling Solution

IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS 298 TH DISTRICT COURT FILED 11 March 2011 Gary Fitzsimmons District Clerk Dallas County Texas.gov eFiling Solution 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 Texas.gov eFiling Solution

Attorney Perspective San Antonio Express News Texas.gov eFiling Solution

Texas.gov eFiling Solution

Ease of 24/7 filing Fee calculation on screen File stamped receipt Secure payment system Electronic service of copies Receive orders, notices, and settings Advantages For Attorneys Texas.gov eFiling Solution

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 Advantages For Attorneys Texas.gov eFiling Solution

Manual Filing Preparation Steps vs. e-Filing Steps X 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 Advantages For Attorneys Texas.gov eFiling Solution

Texas e-Filing Rules Standard Local Rules 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 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 Texas.gov eFiling Solution

Texas e-Filing 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 Standard Local Rules Texas.gov eFiling Solution

Texas e-Filing Rules Documents That May Not Be Filed Citations 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 Texas.gov eFiling Solution

e-Filing order e-Service order Electronic orders Global “opt-in” for electronic service Noteworthy Provisions : Texas e-Filing Rules Texas.gov eFiling Solution

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: Texas e-Filing Rules Texas.gov eFiling Solution

Rules Standard local rules agreed by Supreme Court, June 2004 Proposed TRCP changes in Rules Committee, Proposed TRCP changes to Supreme Court, June 2005 Possible TRCP revisions, 2010 Texas e-Filing Rules Texas.gov eFiling Solution

TexasOnline e-Filing Counties Counties: 49 so far…….. Current Counties: Austin, Bandera, Bee, Bell, Bexar, Brazoria, Brazos, Burnet, Cameron, Cass, Chambers, Collin, Comal, Dallas, Denton, DeWitt, El Paso, Fayette, Fort Bend, Goliad, Grayson, Guadalupe, Hale, Harris, Hays, Hidalgo, Jackson, Johnson, Kerr, Lubbock, McLennan, Midland, Moore, Nueces, Potter, Randall, San Patricio, Smith, Tarrant, Tom Green, Travis, Upton, Victoria, Waller, Webb, Williamson, Wilson Coming soon: Brooks, Calhoun, Galveston, Harrison, Henderson, Hood, Liberty, Medina…. Texas.gov eFiling Solution

TexasOnline eFiling Solution Texas.gov

Coming soon Wilson District Courts Bexar JPs (5 precincts) Texas.gov eFiling Solution

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? Texas.gov eFiling Solution

What fees are associated with e-Filing? Registration, subscription fees$0 Transaction fees Texas.gov $4 Service Provider $2 - $10 County eFiling Fee $0 - $5 Total $6 – $19 per filing Credit card fee 2.25% Electronic Service is $ $10 for any number of parties served. Texas.gov eFiling Solution

Receive immediate acknowledgment that your filing was submitted successfully Receive confirmation of acceptance from the Clerk How do I know my filing was submitted? IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS 298 th District Court FILED 11 March 2011 Gary Fitzsimmons District Clerk Dallas County Texas.gov eFiling Solution

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? Texas.gov eFiling Solution

SB 237 Rules approved by Supreme Court, 2008 JCIT standards adopted March 2008 System tests completed, March 2008 First justice courts in Q2, 2008 What about e-Filing in justice courts? Texas.gov eFiling Solution

Project underway 1 st and 14 th Appellate Courts Supreme Court What about e-Filing in appellate courts? Texas.gov eFiling Solution

Getting Started Select a service provider Register “Opt in” for electronic service Attorneys, Paralegals, Pro Se Texas.gov eFiling Solution

Select a service provider Register “Opt in” for electronic service Attorneys, Paralegals, Pro Se Getting Started Texas.gov eFiling Solution

Select a service provider Register “Opt in” for electronic service Ready to e-File and e-Serve Attorneys, Paralegals, Pro Se Getting Started Texas.gov eFiling Solution

Summary TexasOnline e-filing is available now: Civil cases Standard local rules; TRCP changes in review Electronic service Service providers = 7

eFiling Overview Questions?

eFiling Overview Demonstration

For more information: eFiling Overview

Course Title: Harris County District Clerk E-filing Seminar Course Number: Course Sponsor: Harris County District Clerk MCLE & State Bar College: 1.0 participatory hour eFiling Overview MCLE Credit

Self funding Cost recovery for counties Overseen by the Texas DIR board Mandated for use by state agencies Licenses, taxes, registrations, permits … Texas.gov eFiling Solution Texas.gov –

TexasOnline eFiling for Courts E-Filing: A Tutorial Hosted By: Texas Center for the Judiciary Presented by: Jake Stine, TexasOnline June 18, 2010 Houston, Texas May 12,