E-Filing Rules and Procedures

E-Filing Rules and Procedures
Presented by the Office of the Hon. Pam Childers Clerk of the Circuit Court and Comptroller

eFILING IN STATE COURTS
Per § , Florida Statutes Each clerk of court shall implement an electronic filing process. The purpose of the electronic filing process is to reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing of cases, and provide the judiciary with case-related information to allow for improved judicial case management…. Aug. 2013

www.EscambiaClerk.com Aug. 2013
eFILING IS MANDATORY Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in accordance with rule “Documents” means pleadings, motions, petitions, memoranda, briefs, notices, exhibits, declarations, affidavits, orders, judgments, decrees, writs, opinions, and any other paper or writing submitted to a court. (Fla. R. Jud. Adm (a)). Aug. 2013

Relevant Administrative Orders and Opinions
AOSC Statewide Standards for Electronic Access to Courts- Creates ePortal & defines efiling (July 1, 2009; currently on Version 10.0, May 2013) AOSC Electronic Filing in the State Courts System via The Florida Courts E-Filing Portal (March 25, 2013) SC – Amend. to Rules - Electronic Filing (Oct. 18, 2012) SC – Amend. to Rules - Services Rules (Sept. 1, 2012) SC – Amend. to Rule – Confidential Records (Mar. 28, 2013) SC – Amend. To Fla. R. Jud. Adm – Service of Pleadings & Documents (April 4, 2013) Aug. 2013

Rules of Judicial Administration
Rule Defines list of 20 exceptions and requirements for filing confidential information Rule 2.420(d)(5) important for judges, magistrates & hearing officers Rule Minimization Rule Rule Signature of Attorneys and Parties Rule Service of Pleadings and Documents Rule Documents – electronic filing mandatory Rule Defines electronic transmission of document to include filings through the centralized eportal Aug. 2013

Fla. R. Jud. Adm (d)(5) Except when the entire court file is maintained as confidential, if a judge, magistrate, or hearing officer files any document containing confidential information, the confidential information within the document must be identified as “confidential” and the title of the document must include the word “confidential”. The clerk must maintain the confidentiality of the identified confidential information. A copy of the document edited to omit the confidential information shall be provided to the clerk for filing and recording purposes. Aug. 2013

Mandatory Service by E-Mail
Service by Mandatory - Sept. 1, 2012 Trial Court: Civil Small Claims Family Probate Appellate Cases: Supreme Court, DCA, Circuit Court Service by Mandatory - Oct. 1, 2013 Criminal Traffic Juvenile Aug. 2013

E-FILE vs. E-SERVICE Not the same!
E-File – allows attorneys to submit court documents electronically 24 hrs. a day, seven days a week. E-Service (electronic service) – electronic delivery of documents to parties Aug. 2013

MANDATORY DATES ATTORNEYS MUST E-FILE
April 1, 2013: Civil Family Law Small Claims Probate Appeals to Circuit Court in these categories October 1, 2013: Criminal Baker Act Traffic Juvenile Jimmy Ryce December 27, 2013: First DCA Aug. 2013

FILING DOCUMENTS The ePortal Document Submission Standards should be followed in preparing documents that will be sent via the ePortal. The e-filing portal accepts filings in Word, Word Perfect or PDF formats. Scanned documents must be black and white and 300 dpt (dots per inch). Maximum file size is 25 megabytes. Large documents can be submitted in smaller sections. Aug. 2013

WHEN PAPER IS ACCEPTED Fla. R. Jud. Adm (d) includes: Documents filed in open court, as permitted by the court Evidentiary exhibits or filing non-documentary materials Documents filed by self represented parties, governmental or public agency without capability to efile, or attorneys excused from e-service When filing involves documents in excess of 25 MB If the court determines that justice so requires Fla. S. Ct. Standards for Electronic Access to the Courts (May 2013): Original documents, such as death certificates or those that contain original signatures such as affidavits, deeds, mortgages and wills must be filed manually until further standards have been adopted. Aug. 2013

Signature of Attorneys and Parties Fla. R. Jud. Adm. 2.515(c)(1)
The signatures required on pleadings and documents by subdivisions (a) and (b) of this rule may be: (A) original signatures; (B) original signatures that have been reproduced by electronic means, such as on electronically transmitted documents or photographed documents; (C) electronic signatures using the “/s/,” “s/,” or “/s” formats by or at the direction of the person signing; or (D) any other signature format authorized by general law, so long as the clerk where the proceeding is pending has the capability of receiving and has approval from the Supreme Court of Florida to accept pleadings and documents with that signature format. Aug. 2013

Signatures ATTORNEY EXAMPLE: JUDGE EXAMPLE: s/ Jane Doe s/ Jane Doe Jane Doe (Printed Name) Circuit Court Judge Fla. Bar No Attorney for (Plaintiff/Defendant) ABC Law Firm 123 Main Street Pensacola, FL (850) Primary Aug. 2013

Fla. S. Ct. Standards for Electronic Access to the Courts
5.4. Judge Signature Judges are authorized to electronically sign all orders and judgments indicating the signature as (s/Jane Doe, Circuit Court Judge) Security An electronic signature of a judge shall be accompanied by a date and time stamp and the case number, to reduce unauthorized usage. Aug. 2013

Service of Pleadings & Documents Rule 2.516
(b)(1)(A) Service on Attorneys • All filings must include the primary and up to two secondary e‐mail addresses designated by the attorney. • An attorney who fails to designate an e‐mail address does not avoid service by e‐mail on that attorney. • Documents may be served on that attorney at the e‐mail address on record with The Florida Bar. (b)(1)(B) Exception to Service on Attorneys The court may excuse an attorney from service by e‐mail if the attorney demonstrates that: - The attorney has no e‐mail account; and - The attorney lacks access to the Internet at the attorney’s office. If an exception is granted, then the attorney will neither be required to serve by e‐mail nor receive service by e‐mail. • The other service rules will then apply. (see 2.516(b)(2)) Aug. 2013

Service of Pleadings & Documents Rule (b)(1)(C) Service on and by Parties not Represented by Attorneys A party not represented by an attorney may, at the party’s election, participate in service by e‐mail. Optional, not mandatory. The designation may include up to two secondary e‐mail addresses. If an unrepresented party does not chose to participate in service by e‐mail, then service (on and by) must be made by the means other than (see subdivision (b)(2)). Aug

Service of Pleadings & Documents Rule (b)(1)(E) Format of For Service Summary of Format Requirements • Each e‐mail must be addressed to all e‐mail addresses designated by each party being served. • Subject line: SERVICE OF COURT DOCUMENT – followed by case number. • Body: court; case number; the name of the initial party on each side; title of each attached document; sender s’ name and telephone number. • 5 MB Limit on size of e‐mail. Aug. 2013

CONFIDENTIAL INFORMATION
If you are filing a document that contains confidential information, you must attach “Notice of Confidential Information Within Court Filing” as per Rule 2.420 List of 20 exemptions in Rule 2.420 Rule 2.420(e),(f),(g) & (h) provide methods for attorneys, parties, and non-parties to request the determination of confidential information. Aug. 2013

Rule 2.425 - MINIMIZATION OF FILING SENSITIVE INFORMATION
Unless authorized by subdivision (b), statute, another rule of court, or the court orders otherwise, designated sensitive information filed with the court must be limited to the following format: Initials of a minor Year of birth No portion of a Social Security Number Bank Account Number Credit Card Number Charge/Debit Account Number Last four digits of a Taxpayer or Employee Identification Number Driver’s License Number Passport Number Telephone Number Financial Account Number Brokerage Account Number Insurance Policy Number Loan or customer Account Number Patient or health care Number Aug. 2013

Rule 2.425 - MINIMIZATION OF FILING SENSITIVE INFORMATION
A truncated version of any: - address - computer user name - password, or - personal identification number (PIN); and A truncated version of any other sensitive information as provided by court order. Exceptions listed in subdivision (b) Aug. 2013

PLEADING CAPTIONS Fla. R. Crim. P ; Fla. R. Civ. P ; Fla. Fam. L. R. P , All documents filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the document and the party requesting or obtaining relief. “MOTION” vs. “MOTION FOR TEMPORARY SUPPORT AND TIME SHARING WITH DEPENDENT OR MINOR CHILDREN” Aides the judiciary with electronic case management Clerk will attempt to preserve each document’s unique or exact title in the Clerk’s docket. Aug. 2013

FEES Statutory filing fees and service charges EPortal accepts two forms of payment Credit Card Mastercard, Discover, American Express VISA is not accepted 3% credit card transaction fee ( per F.S (3)(b) ) Appears as “MyFloridaCounty” on monthly statement Electronic Check / E-Check $3.00 transaction fee Aug. 2013

TIMESTAMPS Fla. R. Jud. Adm (f)(3) The filing date for an electronically transmitted document is the date and time that such filing is acknowledged by an electronic stamp or otherwise, pursuant to any procedure set forth in any ECF Procedures approved by the supreme court, or the date the last page of such filing is received by the court or clerk. ePortal places a timestamp in the upper right corner of each document. ePortal timestamp is currently Eastern Time. Aug. 2013

ePORTAL NOTIFICATIONS
ePortal will filers upon: Receipt of subscriber application Acceptance/activation of account Change of account profile or password Receipt of filing (by ePortal) Acceptance of filing (by Clerk) Rejection of filing Aug. 2013

Technical Failure Fla. S. Ct. Standards for Electronic Access to the Courts 3.2. Technical Failure In accordance with Rule 2.525(e), Florida Rules of Judicial Administration, any attorney, party or other person who elects to file any document by electronic transmission shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the clerk as a result. Determination of Failure and effect on due date ….Delayed filings shall be rejected unless they are accompanied by a declaration or affidavit attesting to the filer’s attempts to file electronically that failed after 12:00 P.M. on at least two occasions that are separated by at least one hour due to such technical failure. The filer has the responsibility of ensuring that submissions are electronically filed and received. Aug. 2013

Clerk’s E-Filing page EscambiaClerk.com Aug. 2013

CLERK’S E-FILING PAGE Link to the ePortal Link to Court Records – Attorney Login Helpful Hints for Escambia County e-filers Guides for using the e-Portal Links to Rules and Admin Orders Answers to Frequently Asked Questions Fee Schedule Aug. 2013

Timestamp – upper right corner of each filed document \ Aug. 2013

E-Filing Rules and Procedures

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