Presentation on theme: "EFILING “DEBRIEF” ONE YEAR LATER Christin Gallardo, Esq."— Presentation transcript:
EFILING “DEBRIEF” ONE YEAR LATER Christin Gallardo, Esq.
Agenda Recent Amendments to Rules of Judicial Administration Related to eFiling and eService Portal Enhancements Tri-County Differences in Procedures and Policies Navigating the Broward County e-Issuance System for Summonses, Writs and Subpoenas Certified Copies Through the Portal Avoiding Pitfalls in e-Filing from the Desk of the Broward County Clerk’s Office Signing Your Pleadings Digitally Compiling ADA Compliant Pleadings
Rule 2.515 – SC13-915 The signature of an attorney on a pleading constitutes a certificate that the signing attorney read the document that to the best of the attorney’s belief, there are grounds to support the document the documents is not intended to delay the document contains no confidential or sensitive information or any confidential or sensitive info has been protected pursuant to Rule 2.420 [confidentiality] and 2.425 [minimization]
Rule 2.515 - SC13-915 The subsequent filing using an attorneys credentials and/or service of a documents the attorney certifies: compliance with the four requirements outlined in the last slide and accepts responsibility for the document compliance with all rules of procedure regarding service that every person identified as a signer has authorized the signature “every signing attorney is as responsible for the document as if that document had been served by such signing attorney or filed using the assigned electronic filing credentials of such signing attorney”
Rule 2.525 - SC13-915 Amended to now explicitly require a document to be efiled by the attorney who signs the document “(b) Only the filing credentials of an attorney who has signed a document may be used to file that document by electronic transmission”
Rule 2.516 – SC13-1915 Amended to reflect the ability to now serve documents via the Portal (“eService”) eService, and service by e-mail, is treated as service by mail for the computation of time. RJA 2.516 (b)(1)(D)(iii) When a party may or must act within a specified time after service and service is made by mail or email, 5 days are added to the period…. RJA 2.514(a)(b) Service through the Portal is not available when serving documents that are to be served but not filed such as discovery responses, Proposals for settlement, etc.
Portal Enhancements Quick file to cases you’ve already filed on by selecting “My Cases” in the top menu.
Portal Enhancements Find your case on the list and select “File Now.” You’ve just saved yourself and your client’s valuable time!
Portal Enhancements Enhancements to “Appellate Workbench” Use the Portal when filing to the 2nd DCA and the Supreme Court Use eDCA for the 1st, 3rd, and 4th DCA
Portal Enhancements Notice of Inclusion on a Case Receive notification when you’ve been added to a service list.
Portal Enhancements Notice of Email Delivery Failure
Portal Enhancements Service List Notifications Triple check your service list, especially when filing confidential documents such as Estate Inventories.
Portal Enhancements Document Type Search Select “Add Document”
Portal Enhancements Document Type Search Select “Search for Document Group and Type”
Portal Enhancements Document Type Search Enter search terms and press “Select”
Portal Enhancements Document Type Search Select the desired document from the list provided.
Portal Enhancements New selection for confidential information: Selection number three is applicable to Baker Act and Marchman Act files in Broward pursuant to its local Administrative Order 2011-11-PRC.
Certified Copies, Summonses Writs and Subpoenas Broward Palm Beach * summonses only Miami-Dade
Certified Copies - Broward Select the number of pages/documents on the case status page. Make sure to order an envelope!
Certified Copies - Broward Select the filing type “Copy of” and upload a memorandum to the clerk with a list of the requested documents.
Summonses, Writs and Subpoenas Broward Summonses/Writs/Subpoenas Procedure Summonses/Writs/Subpoenas will be listed under the Document Types. Select the appropriate document type(s) and upload your document. The Portal will automatically calculate fees. 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 email. Print and provide the hard-copy version of the issued document(s) to their service provider of choice for service. eFile the original Return of Service along with the summons or subpoena in one document.
Proposed Orders via the Portal Broward * submit via Portal with cover letter or attached to petition Palm Beach * submit by paper Miami-Dade * submit by paper
Avoiding Common Pitfalls in Broward Proposed orders should be submitted with a cover letter or attached to the petition. Documents must be signed correctly and legibly - electronically or otherwise. The Notice of Filing and the document to which it refers should be uploaded separately Use the Smart Form if there is one and makes sure to merge exhibits using a PDF merger tool. Consents and Waivers should be uploaded separately.
Avoiding Common Pitfalls in Broward Don’t forget to put the correct case number on your document. Use a cover sheet if necessary to avoid confusion. When filing a New Case, make sure the Petition/Complaint is the first document uploaded. Make sure to enter the page number and documents numbers correctly when ordering certified copies and don’t forget to attach a memo explaining what copies are being requested. Don’t scan documents in color.
Creating and Using a Digital Signature 1. Place your original signature on a clean sheet of paper and scan it. 2. Open the scan and take a screenshot of your screen by pressing [ctrl] [Print Screen]. 3. Open Microsoft Paint. 4. Paste the screenshot into Microsoft Paint by pressing [ctrl] [v].
Creating and Using a Digital Signature 5.Use the crop tool to draw a box around your signature. 6.Copy the image of your signature that you have cropped by hovering your mouse inside the box and pressing [ctrl] [c].
Creating and Using a Digital Signature 7.Open a new document in Paint and paste the cropped image using [ctrl] [v]. 8.Use your mouse to drag the corner of the white background closer to your signature to create a smaller image. 9.Use the save icon to save a JPEG file of your signature onto your computer.
Creating and Using a Digital Signature Open your ready-to-file converted pleading in Adobe Acrobat and select the “Sign” option to open the menu. Select “Place Signature.”
Creating and Using a Digital Signature A dialog box will open and prompt you to select an option. Select “Use an Image.” Use the Browse option that appears to browse to the location where you saved your signature image.
Creating and Using a Digital Signature Your image will appear in the review pane. Press “Accept.” The dialog box will disappear and you will be able to move the image of your signature around on the document. Click your mouse to apply it. To resize, click and drag the corner.
Creating and Using a Digital Signature Once you have placed all needed signatures, select “Signed. Proceed to send.” Merge document with your exhibits and eFile! Select “Save a Copy.”
Accessibility RJA 2.526 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 282.603(1), Florida Statutes (2010), and any related federal or state regulations or administrative rules.
Accessibility RJA 2.526 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 electronic signature. CLE on this topic available on Florida Bar website. http://www.floridasupremecourt.org/clerk/electronicAccess ibility.shtml
Resources www.myflcourtaccess.com detailed eFiling manual available via link at bottom of page www.myflcourtaccess.com ADA Link www.floridasupremecourt.orgwww.floridasupremecourt.org Florida Supreme Court Standards for Electronic Access AOSC0930 http://www.flcourts.org/gen_public/technology/bin/UpdatedE- AccessStandardsFeb2012v7.pdf Efiling Authority (including instructional videos and other materials) http://www.flclerks.com/eFiling_authority.html#Manuals http://www.flclerks.com/eFiling_authority.html#Manuals Broward: www.browardclerk.org (will also provide links to resources)www.browardclerk.org Miami-Dade: http://www.miami-dadeclerk.com/faq_efiling.asphttp://www.miami-dadeclerk.com/faq_efiling.asp http://www.miami-dadeclerk.com/contact.asp (efiling inquiry form)http://www.miami-dadeclerk.com/contact.asp Palm Beach: http://www.mypalmbeachclerk.com/efiling.aspxhttp://www.mypalmbeachclerk.com/efiling.aspx
Support Portal registration issues/technical problems with Florida Courts ePortal: email@example.com or eFiling Portal Help line at firstname.lastname@example.org Broward -Did not receive notification of clerk action within 24 hours: send an email to email@example.com include reference number in the subject line firstname.lastname@example.org Other questions: Broward County Clerk Internet/Public Access Help Desk at 954-831-5588 and your call will be routed to the appropriate division
Thank you! Special Thanks to Dian Diaz and Allison Woodham at the Broward Probate Clerk’s Office for providing assistance in compiling the “common pitfalls.” To download a copy of this powerpoint, please visit http://www.wintterlaw.com/attorneys-staff/christin-gallardo/