Presentation on theme: "Power Point Presentation prepared for the 2/6/14 Bench Bar discussion 1. Vendor issues vs. Probate Division issues 1-6 2. eFiling information and assistance."— Presentation transcript:
Power Point Presentation prepared for the 2/6/14 Bench Bar discussion 1. Vendor issues vs. Probate Division issues 1-6 2. eFiling information and assistance available through the website 7 - 14 3. Top Ten Reasons Why eFilings are Rejected 15-46
PORTAL PROBLEMS Description of filing has too many characters (will be rejected at submission to Portal) Software Problems Hardware Problems How to Create eService List How to Serve Judge Compatibility with Mac/Smart phone/Tablets Loading Documents Using the Dashboard
PORTAL PROBLEMS Who Gets Notice when eServed Receipts How Payments Are Charged for Filings that are Accepted How Filer is not Charged for Filings that are Rejected
REJECTED AT SUBMISSION TO PORTAL (must be refiled with vendor)
Administrative Order includes -- Who Must eFile Requirements for maintaining the original document Documents excluded from eFiling Format requirements for eFiled documents, including electronic format, signature requirements and how to handle a raised seal eService of documents Privacy requirements How to eFile a fee petition Change of address requirements Instructions for Emailing proposed orders
Website Includes 30 FAQs (Answers to Frequently Asked Questions)
Filings that are Rejected by the Probate Division: are not placed on docket does not prevent delinquency notices or summary hearings does not trigger response time by opposing counsel if amended and eFiled again, should be served again on all parties with a new certificate of service REMEMBER REMEMBER, save original
Top Ten Reasons Why eFilings Are Rejected Top Ten Reasons Why eFilings Are Rejected
Administrative Order requires: /s/ or typographical or imaged signature on the signature line typed name Address telephone number email address Bar number You can sign by hand or by /s/ Example: /s/ Jane Doe Bar No. 45321 1400 Pennsylvania Avenue, NW Suite 100 Washington, DC 20001 (202) 888-1212 Jane.Doe@gmail.com
If you are trying to enter the appearance of more than one attorney, create a signature block for each attorney /s/ Jane Doe Bar No. 45321 Doe & Glenn, PC 1400 Pennsylvania Avenue, NW Suite 100 Washington, DC 20001 (202) 888-1212 Jane.Doe@gmail.com /s/ John Glenn Bar No. 45222 Doe & Glenn, PC 1400 Pennsylvania Avenue, NW Suite 100 Washington, DC 20001 (202) 888-1212 JohnGlenn@gmail.com
Attorney must list Bar number; if attorney is a member of a Bar other than DC Bar, give Bar number and jurisdiction Mandatory eFiling applies to attorneys “whether appearing as counsel, fiduciary, or otherwise” If needs to be notarized – use standard notary provision and shade embossed seal with a pencil so it is legible TIP - TIP - Scan document in HIGH RESOLUTION WITH COLOR so that signature is legible (open up document after uploaded to check for legibility) ADD IT If a pleading is being filled that does not have all the required information, please ADD IT Can add to signature line when signing or using tools available depending upon your version of Adobe Acrobat software.
Website forms are being updated, beginning with some of the most common filings, but will take some time to convert 300 forms
Certificate of service list is checked against the court’s list of parties in the court’s case management system WHY? OK What if eFiler serves more people than on Court’s list of parties? OK What if eFiler serves fewer people than those included on the Court’s list of parties? 1. Clerk checks discrepancy to see if there is something wrong with the Court’s list of parties and corrects if error. 2. If no error Court’s list of parties is discovered, clerk rejects and notifies eFiler to serve missing person/organization.
TIP: TIP: Type the service list on a separate page and identify how each person is served, so you can use the same service listing, adding yourself, as the cc list for the proposed order. TIP: TIP: Review your standard certificate of service provision. Updated court forms use the following language: I certify that on the ____ day of _________, 20__, a copy of this filing was either eServed in accordance with the provisions of Administrative Order 13-15 or served by first class mail, postage prepaid, on the following persons: (list names and complete mailing addresses) ________________________ Signature
Common problems: 1. Ward receives VA benefits but VA not served 2. eFiler serves counsel rather than interested party but counsel not reflected in Court’s list of parties because not included on initial filing for that person as counsel and has not filed entry of appearance 3. eFiler does not serve counsel thinking that party is no longer represented but counsel has not withdrawn 4. Creditors who have timely filed a claim for more than $500 in decedents’ estates are interested persons. TIP: TIP:The fiduciary can file a Release or Satisfaction of Claim signed by the creditor, a Notice of Action on Claim indicating that the claim has been paid in full, or a Praecipe indicating that the creditor has been paid in full with a receipt attached.
5. Heirs are interested persons until 6 month notice period has elapsed 6. Persons identified in the Findings of Fact as continuing as parties in the matter are interested persons 7. Persons granted permission to participate are on the Court’s list of parties 8. Legatees are on Court’s list of parties, unless the personal representative files a receipt that indicates payment in full in accordance with the will 9. Fee petitions following general proceeding should be served on all persons appointed by the court, including counsel for subject, GAL, visitor, examiner, and the court-appointed guardian/conservator. For all other purposes, counsel for subject, GAL, visitor, examiner are dismissed. Counsel for petitioner continues if client appointed as guardian or conservator. (New FAQ will be added to the website shortly regarding fee petitions) *The Court’s list of parties in each case may be viewed on public computers located in Probate Clerk’s Office
REASON #3 Filing excluded from eFiling SOLUTION: Read Administrative Order 13-15 carefully before eFiling
Non-attorneys can eFile – procedures explained in FAQs BUT Attorney can eFile documents for clients such as Guardianship Reports BUT cannot sign for another person Process servers can paper file Affidavits of Service
REASON #4 Missing signature SOLUTION: Check carefully before eFiling
REASON #5 Wrong case number SOLUTION: Check carefully before eFiling * Please list only one case number in caption
REASON #6 Missing cc list on order SOLUTION: Check carefully before eFiling PLUS …..
SOLUTION Create standard signature block for all your filings that complies with Administrative Order 13-15.
REMEMBER – ***Once you have successfully filed your pleading and received notice that it has been accepted, REMEMBER to email (not eServe) your order in Word format or the website format if a form from the website. ***Use the email address contained in Administrative Order 13-15, ProbateDivisionEfiling@dcsc.gov. You will get an automated reply that it has been received. ***In the subject line of the email, put the following information – 1. Case number, using 4 digit year, then case type abbreviation, then # of the case, such as 2014ADM15 2. The date you eFiled the filing 3. The title of the filing Please follow this format exactly so that your order can be located
REMEMBER ***For each person listed on the cc list for your order, REMEMBER to indicate whether that person should be eServed or served by mail ***Pro se filers can opt into eService by filing a Notice of Registration (See Adm. Order 13-15) TIP: TIP: The service list in FileandServeExpress is an open system, so check against your list, as other filer can delete and change the eService list TIP: TIP: If you are not serving a person, do not delete that person from the eService list, just uncheck the serve box
REASON #7 Stale Certificate of Service *Stale if either filed before service or within 5 days after service. SCR Civil 5(d) *Day of service is not included in the 5 day count *Last day is extended until the next business day if it is a Saturday, Sunday, or holiday. SCR Civil 6(a)
How we count Service on Thursday ThursdayXnot counted Friday√day one SaturdayXnot counted SundayXnot counted Monday√day two Tuesday√day three Wednesday√day four Thursday√day five (last day when service list not stale)
Special issues with Fee petitions– *Serve by mail 20 days before eFiling, in accordance with SCR-PD Rule 308; *Do not change that certificate of service; *At time of eFiling, do not remail; and *Remember that motions to late file should not be eFiled prior to the 21 st day.
SOLUTION: If certificate of service stale, serve again and then eFile
REASON #8 Fee petition filed with list of pending cases
New Certification Language I, (name of attorney) certify that in each case in which I am guardian, conservator, personal representative, or counsel for any of them: (A)within the last 30 days I have personally verified the current location and health status and ongoing availability of placements for wards in guardianship cases except guardianships of the property of minors, and except that in the event a ward cannot be located, I have diligently sought to locate the ward as follows: (detailed description of efforts to locate the ward) and for wards that have no fixed address, it is for the following reasons (detailed explanation): (B)in cases in which I am a fiduciary, other than petitions or requests for compensation to me, I have filed all reports, verifications of notice, accounts, and subsequent requirements due as of the date of this petition or request, and (C)In cases in which I am counsel to the fiduciary, I have verified that the filing requirements are current or within the last 10 days I have advised my client in writing of the necessity for bringing them current. TIP: TIP: Place at end of pleading just prior to signature block
SCR Probate, Rule 5.1 sets forth privacy requirements, with the responsibility for redacting personal information resting solely with filer Documents containing financial information, such as checks showing bank account numbers, cannot be eFiled unless redacted Documents that cannot be eFiled, such as inventories and accounts, cannot be attached to eFiled documents as exhibitsSOLUTION: Familiarize yourself with SCR Probate 5.1 and Administrative Order 13-15
REASON #10 Missing VCNO or proofs SOLUTION: Please file together
LASTLY … You can always file a Change of Address Praecipe in a case as a related document to the lead filing without any additional cost Please notify the Court when your address or the address of your client changes, as Court notices are NOT eServed, but sent by mail to the address of record in the case If mail is delivered to the last known address of a party or counsel in a case and is returned on more than one occasion, the Court will not continue to send mail to that address and will change the address in the Court system to “address unknown”