Legal Dockets Online Blog - Electronic filing and court record retrieval

Internet Explorer Version 8 Not Compatible with CM/ECF
The Northern District of New York has stated "This message is to inform you that Microsoft's recently-released Internet Explorer version 8 web browser is not compatible for use with CM/ECF. Neither the the PACER Service Center nor The Northern District of New York has a timeframe for when this new version will be certified for use with CM/ECF.

The supported web browsers for use with CM/ECF are: Microsoft Internet Explorer versions 6 and 7, and Mozilla Firefox versions 1.5 and 2.0. While you may find that other versions of these web browsers and/or entirely unsupported web browsers (e.g., Apple's Opera and Google's Chrome) will allow you to log in to CM/ECF, the security mechanisms of those web browsers will not allow you to successfully complete all filing and payment functions. The U.S. Treasury's payment site (pay.gov) is also not yet certified for use with Internet Explorer version 8.

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St. Louis County Minnesota Criminal Complaint E-Filing Progress
Govtech.com reports: Last March, the state began an electronic filing pilot, developed by Minnesota-based Intertech -- which allows an officer to complete the required paperwork from his home station. The paperwork is then sent to the prosecutor who reviews it and decides if there is enough evidence to issue a complaint. Once the prosecutor has reviewed it, he sends it back to the officer who signs it with an electronic fingerprint and a notary gives the oath of affirmation and signs the complaint with an electronic signature. From there, the paperwork is sent to a judge for signing. Then it is sent right into the court's computer system. Everyone involved in the process can track the progress of a filing to see which judge has it and whether he has signed it or not.

The state is funding the pilot with about $1.9 million which will cover the costs of the pilot in St. Louis County and the addition of Kandiyohi, Olmsted and Carver Counties later this summer.

St. Louis County, Minn., Pilots Electronic Filing of Criminal Complaints

New U.S. Courts Podcasts
A new podcast page on the federal judiciary web site gives users the choice of listening on their computer, subscribing via RSS feed, downloading the MP3 to import into any MP3 player, or subscribing via ITunes.

Federal Courts Podcast Page Offers Listening Options

Don't Be Late E-Filing Your Notice of Appeal
Howard J. Bashman via law.com reports: Just last week, two different federal appellate courts disposed of separate cases in which parties alleged electronic filing-related tales of woe as the excuse for the untimely notice of appeal filed in each case. In neither case did the federal appellate court find the reasons offered for allowing a late-filed notice of appeal to be persuasive, and thus both cases resulted in dismissals without any review on the merits of the rulings sought to be challenged on appeal. Fortunately, for the rest of us, these two rulings teach some valuable lessons.

Beware of the Appellate Pitfalls of E-Filing

Mandatory Wisconsin Supreme Court E-Filing Starts July 1
David R. Schanker, clerk, Wisconsin Supreme Court, reports: Appellate e-filing is here. Beginning July 1, 2009, attorneys must electronically file a copy of all appellate briefs, no-merit reports, petitions for review, and responses. If you haven’t yet familiarized yourself with the new appellate rules, now is the time. Please see Wis. Stat. §§ 809.19(8)(a)4., 809.19(12), 809.19(13), 809.32(1)(fm), 809.62(4)(b), (c), and (d), 809.80(3), and 809.80(5).

Electronic filing will be done using the court's web-based e-filing interface.

Mandatory appellate e-filing begins July 1, 2009

Davidson County First to E-Filing in a North Carolina Superior Court
Davidson and Chowan counties were chosen last year to pilot the North Carolina Administrative Office of the Courts e-filing system, and the first filing has been completed.

The state’s first e-filing was made May 15 in Davidson County. Use of e-filing is voluntary, and to participate in the pilot eFiling System you must first attend training prior to requesting an account.

Kansas Supreme Court Appoints 32-Member Committee for Statewide E-Filing
“While no one expects implementation of such a statewide program in the immediate future, it is important that we begin looking at how electronic filing could be implemented in the Kansas Courts,” Justice Luckert said in announcing the committee’s first meeting [to be held on June 3rd]. “This meeting represents our initial steps in understanding what might be involved in developing an electronic filing system that best meets the needs of Kansas courts, attorneys and the public,” she said.

The committee is to make recommendations to the Supreme Court regarding policy decisions that would be necessitated should a statewide electronic filing system be implemented in Kansas. The committee has been divided into three subcommittees to address policy and procedure, finance, and technology.

Electronic Filing of Court Cases

First Cook County Circuit Court, Illinois E-Claim Filed
The Clerk’s Office of Cook County’s Circuit Court, under the leadership of The Honorable Dorothy Brown, launched a new electronic filing system program that will allow attorneys to file cases and pleadings online in the commercial calendar section of the Law Division. The Clerk’s office handled an estimated 1.7 million new cases in 2008.

Kevin Posen of Teller, Levit & Silvertrust participated in a live demonstration of the new program at a press conference on May 11, 2009. Amongst the other county officials and press, Chief Judge Timothy Evans was also present to witness the trial of the new system, which the Clerk’s Office eventually expects to make available to the entire court.

Teller Levit & Silvertrust Files First Cook County E-Claim

Electronic Filing: Technology, Rules, and Privacy
Shari Claire Lewis via reports: The ability to file documents electronically is a boon to lawyers, and a means of cutting costs for clients. And it seems clear that the Internet will be used in the future in a number of different ways in litigation matters. But every technological advance engenders its own new challenges. Of utmost importance, attorneys must take reasonable steps to protect personally identifiable and sensitive information so that privacy may be maintained and identification theft prevented. Attorneys should also take extra care to consult local rules of practice, including periodic updates, so they can comply with the ever-changing electronic requirements of legal practice in the 21st century.

Staying on Top of Electronic Case Filings

Mandatory E-Filing for 151st Civil District Court of Harris County, Texas
Judge Mike Engelhart reports: [The court] posted its “Standing Order” on its website’s Court Procedures page requiring all documents in new lawsuits to be electronically filed. A link to the court’s standing order is posted on the procedures page.

It is the Court’s hope that by instituting this new requirement for all new lawsuits in the 151st, more courts will take the plunge and become mandatory e-filing courts, and that Harris County will thereby catch up with Travis County, certain courts in Montgomery and Jefferson Counties, and all federal courts, which require electronic filing of documents.

The Standing Order allows exceptions for pro-se litigants, and allows for waivers to be granted by the Court in the case of substantial hardship.

More Federal Courts Offering Digital Audio Recordings Online
The Federal Judiciary reports: The pilot project to make digital audio recordings of courtroom proceedings publicly available online has been expanded, from five federal courts to nine, through the end of 2009.

The U.S. Court of Federal Claims and three bankruptcy courts — in the Middle District of Florida, Eastern District of New York, and Rhode Island — are being added to the project. Rhode Island already is offering the recordings online, and the other three courts are moving toward implementation.

They join the five original pilot courts — U.S. District Courts in Nebraska and the Eastern District of Pennsylvania and the U.S. Bankruptcy Courts in the Eastern District of North Carolina, Northern District of Alabama, and Maine.

The audio files are accessible through the Public Access to Court Electronic Records (PACER) system.

Project Expanded: More Courts Offering Digital Audio Recordings Online

U.S. Court of Appeals for the 10th Circuit Begins ECF
On March 31, 2009, the court started accepting voluntary ECF filings. On June 1, 2009, ECF
will become mandatory for counsel of record. Read the order here. The 10th circuit includes Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.

Want to Share Your Opinion of PACER?
Pacer wants to know. According to the April quarterly announcement: In 2009, the Federal Judiciary's Electronic Public Access Program will begin a year - long, comprehensive program assessment. The goal of the assessment is to identify potential enhancements to existing services and new public access services that could be provided. We will gather information though focus groups, interviews, and surveys. In the coming months you may be solicited about your views on PACER and our services with an eye towards what you, the customer, would like to see in the future. Check the PACER Service Center website for information about the assessment.

New Jersey Civil Court Mandatory E-filing for Some Starting in May of 2010
Law.com reports: E-filing in the Special Civil Part has been such a success on a voluntary basis that it's being made mandatory -- at first for frequent filers and at length for most court users.

Effective May 17, 2010, attorneys who filed more than 1,000 Special Civil Part suits in 2008 will have to start filing electronically through the Judiciary Electronic Filing/Imaging System.
The change will affect about 35 firms that account for three-quarters of the roughly 400,000 annual special civil filings, Acting Administrative Director of the Courts Glenn Grant said in a March 16 notice to the bar.

Then, in 2011, at a date to be determined, e-filing will be mandatory for some or all of the 4,000 other filers.

Mandatory N.J. Civil Court E-Filing Phasing In

CM/ECF for District Courts Version 4.0 Released
The U.S. District Court for the Western District of Arkansas is the first to begin using this new software upgrade. While the release notes for this new version have not yet been updated on the main PACER web site, you can read the 4.0 Users Guide for Attorneys in this large pdf document.

Nevada Supreme Court Expands its Electronic Filing
The court reports: Effective on Feb. 23, the Supreme Court began accepting electronic filings, of all criminal cases at the Court. The Supreme Court is scheduled to expand e-filing to include all civil cases later this year. The e-filing is an expansion of the pilot program begun in March 2008. The pilot program was limited to criminal fast track cases in which all parties were represented by public lawyers.

Nevada Supreme Court Electronic Filing Interface

State Nevada Supreme Court Expands E-Filing System

Public Record Abuse: Intentionally Making Burdensome Requests to The Government
We all know about how identity thieves can take advantage of the increasing number of public records being made available online. But how about making public records requests to government agencies knowing that they cannot comply to collect fines? Sounds time-consuming, but not if you have nothing but time, while you serve out your prison sentence.

Inmate’s ploy puts focus on public records
WA lawmakers might limit inmate records access

U.S. Court of Appeals for the 5th Circuit Now Using CM/ECF
Finally, the 5th circuit COA is using CM/ECF. To file, go here. To access dockets and filings with a PACER account, go here. I'm not sure it's fully functional yet, so you may still have to use the clunky webPACER interface here, to get case information. Additionally, their Automated Voice Information System, (AVIS) has been discontinued.

California State Court: E-Filing's Effect on Filing Notice of Appeals
Bruce Nye on calbizlit.com writes: In this era of electronic mail, what does it mean that the court clerk "mails" a document? Particularly when the court has established procedures for service through the court's electronic filing system? We now have conflicting answers to that question, as explained after the jump.

When Is That Notice of Appeal Due? Hmm, Hard to Say

Mississippi to Launch Statewide E-Filing for State Courts
The Mississippi state supreme court has adopted rules and procedures for electronic case filing. A pilot project for the development of an electronic filing and case management system is already underway in Madison County Chancery Court, which is based upon the successful federal court CM/ECF system. The full order is here. It will be interesting to see how closely their system resembles CM/ECF when it is rolled out.