Statewide Portal Electronic Filing. Christin Gallardo, Esq.

Transcription

1 Statewide Portal Electronic Filing Christin Gallardo, Esq.

2 Housekeeping All points of contact mentioned are summarized at the end of the presentation. All internet links/online resources mentioned are summarized at the end of presentation. Information changes very quickly. Keep yourself informed by visiting the Florida Bar website, the websites mentioned today and the websites of the Court and Clerk in the counties in which you practice.

3 Agenda Portal Structure, Governance and Guidelines Implementation Schedule RJA Computing Time RJA Attorney Signatures RJA Accessibility RJA , Electronic Filing efiling: System Requirements efiling: Submitting your efiling efiling: Summonses, Writs and Subpoenas efiling: Notifications efiling: Pending Queue efiling Support

4 Portal Structure and Governance

5 Guidelines and Statutes and Rules Oh My! Florida Statute efiling mandate Florida Rules of Judicial Administration Florida Supreme Court Standards for Electronic Access efiling Authority Guidelines Local Clerk Requirements

6 Implementation Schedule (SC and SC ) April 1, 2013 Mandatory electronic filing for Probate, Civil, Family, Small Claims and appeals to circuit court for these cases October 1, 2013 Mandatory electronic filing for Criminal, Traffic, Juvenile and appeals to circuit court for these cases. This date coincides with mandatory service (SC ) for these divisions of the court. Eservice via the portal coming soon (for a fee?)

7 Implementation Schedule Appellate Courts (SC13-7) February 27, 2013 optional for the Supreme Court. April 1, 2013, mandatory for the Supreme Court. July 22, 2013, mandatory for the Second DCA. September 27, 2013, mandatory for the Third DCA. October 31, 2013, mandatory for the Fourth DCA. November 27, 2013, mandatory for the Fifth DCA. December 27, 2013, mandatory for the First DCA.

8 Computing and Extending Time RJA Uniform rule of procedure to govern the computation of time periods in all types of proceedings and also to factor in periods of time extended by administrative order of the chief justice. FRCP 1.090, Probate Rule now refers to Last Day of a time period: unless a different time is set by a statute, local rule, or court order, the last day ends at midnight for efiling and at close of business for clerk s office for other means. RJA 2.514(4)

9 Signatures efiling and eservice RJA and Every pleading and other paper of a party represented by an attorney shall be signed by at least 1 attorney of record [including] record Florida Bar address, telephone number, including area code, primary address and secondary addresses, if any, and Florida Bar number RJA 2.515

10 Signatures efiling and eservice RJA and Any document served by may be signed by the /s/ format, as long as the filed original is signed in accordance with the applicable rule of procedure. RJA 2.516(b)(1)(E)(iii). Florida Supreme Court Standards for Electronic Access - AOSC A submission by a registered user is not required to bear the electronic image of the handwritten signature or an encrypted signature of the filer. Electronic signatures may be used in place of a handwritten signature unless otherwise prohibited by law. Paper filings: must be traditionally signed efilings: can be signed with /s/ or scan of traditional signature

11 Signatures efiling and eservice RJA and Both /s/ and printed name required! Up to three address designations s/ Susie A. Attorney is also acceptable per ECF Standards.

12 Accessibility RJA Any document that is or will become a judicial branch record must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973 as incorporated into Florida law by section (1), Florida Statutes (2010), and any related federal or state regulations or administrative rules.

13 Accessibility RJA Making court documents usable by assistive devices, i.e. screen readers Convert directly to PDF. Lead pleading only at this time. Exhibits can be scanned and then merged with lead pleading. Can OCR but be mindful of size limitations for service (5MB) and efiling (25MB). Use s/ or /s/ signature. CLE on this topic available on Florida Bar website. ssibility.shtml

14 Merging PDF Documents Convert lead pleadings directly from Word or Wordperfect to PDF. Exhibits or supporting documentation (i.e. proposed orders, contracts, documents produced in discovery) that already reside on your hard drive as a scanned image can be selected and merged with the original document using PDF merger software Software suggestions: Adobe (full version), CutePDF, Nuance

15 Electronic Filing RJA 2.520, All documents filed in court shall be filed electronically (after deadline.) RJA Official court file includes documents filed electronically together with documents scanned by the clerk, documents filed in paper prior to the implementation of the rule and materials that cannot be stored or converted or otherwise filed electronically. RJA 2.525

16 Electronic Filing RJA Exceptions: When the clerk cannot accept Self-represented litigants Attorneys excused from service per 2.516(b) Evidentiary exhibits or non-documentary materials Filed in open court When permitted by statewide ECF procedures If Court requires Filings in excess of 25 MB may be transmitted using an electronic storage medium. However, Broward Clerk prefers multiple transmissions

17 Electronic Filing RJA Exceptions: When the clerk cannot accept Self-represented litigants Attorneys excused from service per 2.516(b) Evidentiary exhibits or non-documentary materials Filed in open court When permitted by statewide ECF procedures If Court requires Filings in excess of 25 MB may be transmitted using an electronic storage medium. However, Broward Clerk prefers multiple transmissions

18 Documents Greater than 25 MB Portal size limitation is 25 MB. Rule states documents larger than 25 MB may be transmitted to clerk using flash drive, CD ROM, etc. Broward Clerk s preferred method is to send separate transactions to Clerk via portal. Initial transaction Select correct Document Type Follow up transaction(s) Select Addendum. Follow up document should be preceded by coversheet indicating the filing is a continuation of prior efiling transmission. If the greater than 25 MB filing is a new case, wait until the case number is received from the clerk to file the continuation.

19 Documents Greater than 25 MB

20 Document Requirements PDF, Microsoft Word or Corel Wordperfect can be uploaded to the Portal Black and White Flat (layering may cause a problem when transmitted through the portal) 300 DPI minimum (this is a scanner setting) For documents that will be recorded, be aware of the space requirements on top right hand corner. RJA (c)

21 Certified Copies, Summonses, Writs and Subpoenas Contact your local clerk s office or visit their websites to learn local procedures. Broward Procedure: Obtain certified/true copies in the same manner you currently do, i.e. send in request via regular mail or stop by the Clerk s Office in person. Summonses/Writs/Subpoenas will be listed under the Document Types. Select the appropriate document type(s). The fee for the eissuance will be calculated automatically and will show as a Filing Fee once the document is uploaded and saved.

22 Certified Copies, Summonses, Writs and Subpoenas Broward Procedure (continued) The clerk will apply stamps and signatures to the electronic eissued image, and an electronic version of the issued document will be sent to the filer via . The filer should print and provide the hard-copy version of the issued document(s) to their service provider of choice for service. The process server has to return the hard copy of the eissued document(s) either served or unserved back to the Clerk s office in paper. The process server will continue this hard-copy process until the Portal resolves access for efiling for nonattorney filers.

23 What can you efile in one transaction? More than one pleading/motion/petition/paper on a single case (Do not combine separate motions into one document). All supporting documentation, exhibits, etc. must be included in the same file as the motion. Up to 25 MB in one transaction.

24 Follow up filing Wills, Mortgages, Deeds, Death/Birth Certificates, affidavits need to be filed in their original format (per Florida Supreme Court Standards for Electronic Access, Section 5.3) Consents to adoption In Broward: Bonds Any other document required by statute Otherwise check with your local court and clerk

25 Follow Up Filing Palm Beach County Until further notice, the following documents shall also be manually submitted: Summons (a summons may be submitted with payment electronically, and a runner must pick up the executed summons in person, or the filer may submit postage paid envelopes) Notice of Action Certificates of Title Writs (include check made payable to the sheriff) Postage Paid Self-Addressed Envelopes for Returned/Service List Documents (labeled with the case number and referencing document)

26 System Requirements Internet Connection and Browser Internet Explorer, Safari, Chrome work fine Occasional Firefox issues Scanner Word Processing Software PDF Merger Software

27 User Registration Visit to register an account. Registration is a two-step process. Currently, only Florida Bar registered attorneys can register to use the portal. Proposed Advisory Opinion 12-2, September 21, 2012: Authorizes supervised nonlawyers to efile using employer s credentials. Recent article in Florida Bar news indicates that attorneys who are temporarily suspended for failure to pay dues or report their CLE compliance will be locked out of the portal automatically (access restored as soon as compliant) You can associate three addresses with one account. Create an inbox rule in outlook or a separate address so you don t miss any notifications.

28 Administrator Registration Law firm administrators can set up firm accounts. Contact your local clerk. Broward will have a website application form after April 1 st. In the meantime, administrators can send a request to eclerk@browardclerk.org Add already registered attorneys or add attorneys manually. Disable or disassociate a lawyer from the firm altogether. Central repository of all documents filed.

29 Submitting Your efiling Existing case is currently your only option in Family and Circuit Civil. Simple efiling is not available in Broward.

30 Submitting Your efiling Choose Type of Court, County and select Division.

31 Submitting Your efiling For existing cases, enter case number and select Court Type. Court Types Family (CACE): DR Civil (CACE): CA Probate (PRC): CP Mental Health (MHC): MH

32 Submitting Your efiling Press Search to find your case.

33 Submitting Your efiling Existing case filings: The parties to the case will be displayed on the next screen. Select your party. If you do not see your party listed, do not select any and proceed to the next page. New case filings: Add party information as required. Date of birth, death, etc. refers to ward/decedent. Please do not use all caps to enter party information.

34 Submitting Your Filing Click Add Document.

35 Submitting Your efiling Choose Document Group All and then find the pleading you are filing in the Document Type Listing. You can press a key to jump to that letter of the alphabet. Upload your document. Acceptable document formats are PDF, Word, and WordPerfect.

36 Submitting Your Filing Attachments, supporting documentation and proposed orders must be included in the same file. New Feature! Clicking View will allow you to view the document you ve uploaded.

37 Submitting Your Filing Enter payment information if necessary. If a fee is required, acceptable payment types are Mastercard, Amex, Discover and ACH withdrawal. Visa is not accepted.

38 Submitting Your Filing The review and submit page provides another opportunity to verify your information and that you have uploaded the correct files. This information is located at the bottom of the page.

39 Submitting Your Filing After submission, please take note of the reference number.

40 New Case Filing Circuit and County Civil Complete all required fields. If you do not see the corresponding Proceeding Type select the generic County Civil or Circuit Civil.

41 Summonses, Writs and Subpoenas Select the appropriate summons, writ or subpoena at the Documents tab.

42 Summonses, Writs and Subpoenas The appropriate fee will populate once you successfully upload the document.

43 New Case Filing- Circuit and County Civil For ALL NEW cases in county civil, until you see a change, use generic Proceeding Type County Civil. If you do not see a case Proceeding Type in Circuit Civil that corresponds to what you are filing, use the generic proceeding type Circuit Civil listed. Specific county civil filing types will be implemented later in the year. Don t forget to include your civil cover sheet as one of the documents in your new case filing.

44 Notifications You will receive two s. The first will indicate successful transmission of your document to the Portal/Clerk. The second (received with 24 hours) will notify you of the Clerk s action, i.e. accepted or moved to pending queue. Your filing log will be updated. If you do not receive notification of the processing of the documents within 24 hours of submission, send an to efiling@browardclerk.org with the reference number of your filing in the subject line.

45 Pending Queue Rejected efilings: Transactions with problems are moved to the pending queue. The filer has at least 5 days to correct by resubmitting the filing using pending queue functionality.

46 Common Mistakes That May Result in Pending Queue Documents submitted for more than one case. Case style referenced incorrect jurisdiction. The case/cause number on the document was incorrect. Adversary case number isn t specified correctly.

47 Common Mistakes That May Result in Pending Queue Proposed order, receipt for online scheduling, or cover letter submitted as lead document. (One exception submit unsigned proposed orders with a cover letter as the first document in the file.) Rejected at request of filer. Scanning requirements not met: 8.5 x 11, scanned right-side up, 300 dpi resolution, and in sequence. Documents were not signed. Fee waiver rejected.

48 Pending Queue If you receive an indicating your filing has been moved to the pending queue, log on to the portal and visit My Trial Court Filings Your pended filing will be in purple. Click the filing number to be taken back to summary screen where changes can be made.

49 Pending Queue Division, case number and court type can be changed. County and Court type cannot be changed.

50 Pending Queue Move to document tab to make changes to uploaded pleadings. Press View to see uploaded document. Press edit to change document type and/or upload a different document.

51 Pending Queue Removing and/or adding a new document will result in a new time stamp. Changes to division and case number will maintain original time stamp. For new cases, a new payment is required. The first payment will not settle.

52 Technical Failure Technical failure occurs if Clerk of Court s server is unable to receive filings either continuously or intermittently over the course of any period of time after 12:00 P.M. that amounts in the aggregate to more than one hour of that day. In the event of such a technical failure, filings due that day shall be considered due the next business day. Filers wishing to avail themselves of this provision must accompany their filing with an affidavit attesting to their attempt to electronically file after 12:00 P.M. on at least two attempts separated by at least one hour the previous business day. For other issues affecting the electronic filing of a court document, the Court may, after an evidentiary hearing and upon satisfactory proof, enter an order permitting a document to be filed nunc pro tunc to the date it was first attempted to be sent electronically. Florida Supreme Court Standards for Electronic Access

53 Resources detailed efiling manual available via link at bottom of page (also linked on 17 th Circuit website.) ADA Link Florida Supreme Court Standards for Electronic Access AOSC AccessStandardsFeb2012v7.pdf Efiling Authority (including instructional videos and other materials) Broward: efiling web page, comprehensive FAQ and powerpoints. Broward: (will also provide links to resources) Miami-Dade: Palm Beach:

54 Support Portal registration issues/technical problems with Florida Courts eportal: or efiling Portal Help line at Broward -Did not receive notification of clerk action within 24 hours: send an to include reference number in the subject line Other questions: Broward County Clerk Internet/Public Access Help Desk at and your call will be routed to the appropriate division

55 Thank you!