2. Management & Technology Consultants. TM TexasOnline e-Filing Overview Dallas Bar Association Dallas, Texas September 21, 2007

3. 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

4. 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.

5. 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.

6. 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

7. Texas e-Filing: The History Attorneys Clerks A B C D E 12 In the beginning…there were attorneys and clerks.

8. Texas e-Filing: The History Attorneys Clerks A B C D E 12 Attorneys needed to file documents with the clerks…lots of documents.

9. Texas e-Filing: The History Attorneys Clerks EFSP s* A B C D E 12 *EFSP s: Electronic Filing Service Providers X

10. Texas e-Filing: The History Attorneys Clerks EFSP s A B C D E 12 Counties contracted with a service provider (LawPlus). X

11. Texas e-Filing: The History Attorneys Clerks EFSP s A B C D E 12 Attorneys contracted with the service provider (LawPlus). X

12. Texas e-Filing: The History Clerks EFSP s 1 2 3 4 5 6 Other counties may contract with other providers. XYZ

13. Texas e-Filing: The History Attorneys Clerks EFSP s A B C D E X 1 2 3 4 5 6 YZ Attorney may contract with different service providers to file in different counties.

14. Texas e-Filing: The History Clerks EFSP s 1 2 3 4 5 6 Simple model for counties… XYZ

15. Texas e-Filing: The History Attorneys Clerks EFSP s A B C D E 1 2 3 4 5 6 Complex model for attorneys…multiple accounts and standards. ? XYZ

16. Texas e-Filing: The History Lessons Learned…First Two Counties  e-Filing works  Single service provider model is… Good for counties X Less good for attorneys  Need statewide standards

17. Texas e-Filing: The History 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;

18. Texas e-Filing JCIT’s Intent  Statewide technical standards and rules  Open competition for service providers  Single, standard statewide portal (EFM): = TexasOnline

19. TexasOnline e-Filing Solution TexasOnline  Official website of the State of Texas www.texasonline.com

20. 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.

21. Attorneys Clerks A B C D E 1 2 3 4 5 6 Same players as before… TexasOnline e-Filing Solution

22. Attorneys Clerks A B C D E 1 2 3 4 5 6 EFSP s X Y Z Same players as before…but now in addition to service providers… TexasOnline e-Filing Solution

23. Attorneys Clerks A B C D E 1 2 3 4 5 6 EFSP s X Y Z …we add eFiling for Courts, the state’s electronic filing manager (EFM) or “post office.” EFM TexasOnline TexasOnline e-Filing Solution

24. Clerks 1 2 3 4 5 6 Clerks connect to eFiling for Courts. EFM TexasOnline TexasOnline e-Filing Solution

25. Clerks EFSP s X 1 2 3 4 5 6 YZ Service providers connect to eFiling for Courts. EFM TexasOnline TexasOnline e-Filing Solution

26. Attorneys EFSP s A B C D E XYZ Attorney chooses a single service provider.

27. Attorneys EFSP s A B C D E XYZ Attorneys choose a single service provider. TexasOnline e-Filing Solution

28. Attorneys A B C D E eFiling for Courts serves clerks and service providers as the “post office.” Clerks EFSP s X 1 2 3 4 5 6 YZ EFM TexasOnline TexasOnline e-Filing Solution

29. Attorneys A B C D E Standard XML metadata for management system import. Clerks EFSP s X 1 2 3 4 5 6 YZ EFM DMS CMS DMS XML pdf Vista Hart TSG Max Ody Local TexasOnline TexasOnline e-Filing Solution

30. 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. Clerks EFSP s X 1 2 3 4 5 6 YZ EFM e-Service of copies Electronic Service of Copies TexasOnline TexasOnline e-Filing Solution

31. 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. Clerks EFSP s X 1 2 3 4 5 6 YZ EFM eServicePlus Electronic Service of Discovery: eServicePlus TexasOnline TexasOnline e-Filing Solution

32. Attorneys A B C D E Clerks EFSP s X 1 2 3 4 5 6 YZ EFM Orders, notices, settings Electronic Service of Orders and Notices Judges can issue orders, notices, and settings to parties electronically. TexasOnline TexasOnline e-Filing Solution

33. 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 Solution

34. 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 TexasOnline e-Filing Solution

35. Filer Accesses Account

36. Filer Enters Information 1.Select jurisdiction 2.Enter case information 3.Enter payment information 4.Attach document(s) 5.Submit filing

37. Filer Submits Document

38. Filer Receives Acknowledgement From: eFilingStg@texasonline.state.tx.us Sent: Tuesday, August 22, 2006 10:24 AM To: voefiling@yahoo.com Subject: 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 AM Delivered to Court: Johnson District Time Zone of Jurisdiction: (GMT-06:00) Central Time (US & Canada) Trace Number: ED126J010150507 Official Date/Time: Tuesday, August 22, 2006 10:24 AM Cause Number: Style/Case Name: Alien vs. Predator Title of Document: Motion for Summary Judgment.pdf Thank you, eFiling for Courts

39. Clerk Opens Inbox

40. Clerk Reviews Filing

42. IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS COUNTY COURT AT LAW NO. 2

43. Clerk Accepts Filing

44. PLEASE DO NOT REPLY TO THIS E-MAIL. This e-mail serves as your receipt. FILING INFORMATION Case/Cause Number: 8975 Filing Type: Divorce Filing Attorney: Tran Pham Client Matter #: 444461 Style/Case Name: Hyde vs. Jekyll Sealed Indicator: No Status: CONFIRMATION Date of Status: Monday, March 05, 2007 8:49 AM Court/Calendar: County Court at Law Filing Trace Number: ED027J010151580 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: $233.13 Payment Status: paid Filer Receives Confirmation

45. IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS COUNTY COURT AT LAW NO. 2 FILED 21 SEPTEMBER 2007 John Warren County Clerk Dallas County Filer Receives Stamped Copy

46. 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 TexasOnline e-Filing Solution

47. Attorney Perspective

48.  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 Attorney Perspective

49.  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 Attorney Perspective

50.  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 Advantages For Attorneys Attorney Perspective

51. Texas e-Filing Rules

52. 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

53. Texas e-Filing 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

54. 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.76 a Documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code

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

56. Texas e-Filing Rules  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:

57. 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 Texas e-Filing Rules

58. 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

59. Counties 29 Clerks 38 Courts260 Population ~66%

60. Implementation Coming soon  Brazos District Courts  Travis County Courts at Law  Harris County Courts at Law  Fayette, Austin, Waller County District Courts  …and others

61. Frequently Asked Questions Attorney submits filingFriday, 7:15 p.m. Time stamp captured (EFSP)Friday, 7:15 p.m. Clerk accepts filingMonday, 3:37 p.m. Time stamp is applied to documentMonday, 3:37 p.m. Time stamped on document isFriday, 7:15 p.m. When are the time and date stamp are applied to electronic filings?

62. Frequently Asked Questions  Registration, subscription fees$0  Transaction fees $4-19 per filing  Credit card fee2.25% Electronic Service is $4.50 - $10 for any number of parties served. What fees are associated with e-Filing?

63. Frequently Asked Questions  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? IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS COUNTY COURT AT LAW NO. 2 FILED 21 SEPTEMBER 2007 John Warren County Clerk Dallas County

64. Frequently Asked Questions  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?

65. Frequently Asked Questions  Discussions ongoing  14 th Court of Appeals Local Rules  Clerk’s Record via CD now  OCA Funding Request What about e-Filing in appellate courts?

66. Frequently Asked Questions

67. TexasOnline (fee) TAMES

68. Getting Started  Select a service provider  Register  “Opt in” for electronic service www.texasonline.com/efiling Attorneys, Paralegals, Pro Se

69. Getting Started Select a service provider Register “Opt in” for electronic service Attorneys, Paralegals, Pro Se

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

71. 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:

72. MCLE Credit Course Title: Electronic Court Filing Course Number: 900026114 Course Sponsor: 10885 MCLE & State Bar College: 1.0 participatory hour

73. e-Filing Overview Questions?

74. e-Filing Overview For more information: www.texasonline.com/efiling www.courts.state.tx.us/oca/jcit

75. Management & Technology Consultants. TM TexasOnline e-Filing Overview Dallas Bar Association Dallas, Texas September 21, 2007

76. 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