2. 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, 2010 www.texas.gov

3. 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 www.texas.gov

4. 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 www.texas.gov

5. 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 www.texas.gov

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

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

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

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

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

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

12. EFSPs Clerks 1 2 Other counties may contract with other service providers Texas eFiling – The History YZ 3 4 5 6 X EFSPs* www.texas.gov

13. Clerks 1 2 3 4 5 6 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* www.texas.gov

14. Clerks 1 2 3 4 5 6 Simple model for counties … YZ X EFSPs* www.texas.gov Texas eFiling – The History

15. Complex model for attorneys … multiple accounts and standards X Y Z EFSPs 3 4 5 6 Clerks 1 2 Attorneys A B C D E ? www.texas.gov Texas eFiling – The History

16. 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 www.texas.gov Texas eFiling – The History

17. § 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; JCIT eFiling Charge www.texas.gov Texas eFiling – The History

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

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

20. Texas.gov eFiling Solution www.texas.gov

21. Same players as before … Attorneys A B C D E Clerks 1 2 3 4 5 6 1 2 www.texas.gov Texas.gov eFiling Solution

22. But now, in addition to service providers … X EFSPs YZ Attorneys A B C D E Clerks 1 2 3 4 5 6 1 2 Texas.gov eFiling Solution www.texas.gov

23. 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 1 2 3 4 5 6 1 2 Texas.gov eFiling Solution www.texas.gov

24. Clerks connect to eFiling for Courts Clerks 1 2 3 4 5 6 EFM www.texas.gov Texas.gov eFiling Solution

25. Service providers connect to eFiling for Courts Clerks 1 2 3 4 5 6 EFM X EFSPs YZ www.texas.gov Texas.gov eFiling Solution

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

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

28. eFiling for Courts serves clerks and service providers as the “post office” X EFSPs YZ Attorneys A B C D E Clerks 1 2 3 4 5 6 EFM www.texas.gov Texas.gov eFiling Solution

29. Standard XML metadata for management system import X EFSPs YZ Attorneys A B C D E Clerks 1 2 3 4 5 6 EFM DMS CMS DMS XML pdf Vista Hart TSG Max Ody Local www.texas.gov Texas.gov eFiling Solution

30. 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 1 2 3 4 5 6 EFM e-Service of copies Texas.gov eFiling Solution www.texas.gov

31. 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 1 2 3 4 5 6 EFM eService Plus www.texas.gov Texas.gov eFiling Solution

32. X EFSPs YZ Attorneys A B C D E Clerks 1 2 3 4 5 6 EFM Orders, notices, settings Judges can issue orders, notices, and settings to parties electronically. Texas.gov eFiling Solution www.texas.gov

33. 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 www.texas.gov

34. 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 www.texas.gov

35. Filer accesses account Texas.gov eFiling Solution

36. 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

37. Filer Submits Document Texas.gov eFiling Solution

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 www.texas.gov Texas.gov eFiling Solution

39. Clerk Opens Inbox Texas.gov eFiling Solution www.texas.gov

40. Clerk Reviews Filing Texas.gov eFiling Solution

41. Clerk Reviews Filing Texas.gov eFiling Solution www.texas.gov

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

43. Clerk Accepts Filing Texas.gov eFiling Solution www.texas.gov

44. Filer Receives Confirmation 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 Texas.gov eFiling Solution www.texas.gov

45. 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 www.texas.gov

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 Texas.gov eFiling Solution www.texas.gov

47. Attorney Perspective San Antonio Express News www.texas.gov Texas.gov eFiling Solution

48. www.texas.gov Texas.gov eFiling Solution

49. 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 www.texas.gov Texas.gov eFiling Solution

50. 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 www.texas.gov Texas.gov eFiling Solution

51. 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 www.texas.gov

52. 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 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 Texas.gov eFiling Solution www.texas.gov

53. 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 www.texas.gov Texas.gov eFiling Solution

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.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 www.texas.gov

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

56. 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 www.texas.gov

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, 2010 Texas e-Filing Rules Texas.gov eFiling Solution www.texas.gov

58. 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 www.texas.gov

59. TexasOnline eFiling Solution Texas.gov

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

61. 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 www.texas.gov

62. 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 $4.50 - $10 for any number of parties served. Texas.gov eFiling Solution www.texas.gov

63. 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 298 th District Court FILED 11 March 2011 Gary Fitzsimmons District Clerk Dallas County Texas.gov eFiling Solution www.texas.gov

64. 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 www.texas.gov

65. 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 www.texas.gov

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

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

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

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

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

71. eFiling Overview Questions? www.texas.gov

72. eFiling Overview Demonstration www.texasonline.com

73. For more information: www.texas.gov/efiling www.courts.state.tx.us/jcit eFiling Overview www.texasonline.com

74. Course Title: Harris County District Clerk E-filing Seminar Course Number: 901190156 Course Sponsor: Harris County District Clerk MCLE & State Bar College: 1.0 participatory hour eFiling Overview MCLE Credit www.texas.gov

75. 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 – www.texas.gov www.texas.gov

76. 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, 2010 www.texas.gov