E-Filing – Everything You Need to Know!
A Business Sense Article from PST
With the constant advancement of technology, everything is becoming more electronic, including the court system. Many courts are transitioning into e-filing and leaving behind the traditional ways of physical filing at the courthouse. While some states have been e-filing for years – Florida enacted a mandatory e-filing for civil cases as of April 1, 2013, Texas approved their statewide e-filing in July 2002, and California Supreme Court began their mandatory e-filing on September 1, 2017, for selected types of documents – the unprecedented events of 2020 have hastened this transition. As a process server, you may be asking yourself what does this mean for me? How does e-filing affect our industry and what are my options for e-filing? In this article, we will answer the most frequently asked questions about e-filing.
What Does Filing Mean in Law?
Filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. E-filing does this entire process electronically. Process servers can be involved in two different parts of the court filing process:
- Case Filing: This is the process of getting the case initiated. When a Plaintiff takes legal action against a Defendant, the initial complaint/pleadings must be file with court first to open the case.
- Service Filing: This process takes place after the legal documents have been served upon the party to be served. The Affidavit or Proof of Service is filed back with the court as proof that personal jurisdiction has been perfected.
In most situations, you will be asked to file the Service Filing.
What is E-filing?
Electronic filing (e-filing) is the electronic transfer of documents to and from the Court. This process permits parties to file documents with the Court through an approved Electronic Filing Service Provider or directly from the Court’s e-filing portal.
How Do I File Documents Electronically with a Court?
Every state with e-filing options may do things a little differently. You may have the option to e-file directly from the Court’s e-filing portal or you may be required to select an Electronic Filing Service Provider. The step by step instructions varies between states and sometimes the courts itself. However, the concept of e-filing is the same across the board. Here are some common steps that you will be required to do when performing an e-filing:
- Register/open an account with the service provider or the Court’s filing portal.
- Search for the existing Civil Case or initiate a New Case.
- Select the documents to e-file
- Pay the appropriate fees
- Submit
What Is an Electronic Filing Service Provider?
Electronic Filing Service Provider provides an online service to help you file your documents, and acts as the intermediary between you and the court system. Each service provider offers a variety of additional services and you should evaluate which provider meets your filing needs.
Although some states allow for users to do e-filings directly through their portals at little to no cost, the benefits of using an e-filing service provider is worth the expense. The process is more automated and some providers have the ability to do bulk e-filings, allowing you to save time using technology and spend that saved time handling more serves. If a service provider has an integration with your management software, you have the ability to submit all your e-filings from one place making the process faster and easier.
Process Server’s Toolbox (PST) is currently integrated with the following service providers:
Can I E-file in Every Court?
No. Although e-filing is becoming popular throughout the United States, it is not accepted in every court. We recommend contacting the court you need to file with to verify if e-filing is an option.
Is E-filing Mandatory?
In some jurisdictions it is. Be sure to contact your court for verification.
What Standard Do Most Courts Use for the Submission of Electronic Documents?
Most courts use Adobe's portable document format (PDF) as the standard for electronic filings, although some also accept word processing files like Microsoft Word.
Why Should I E-file?
The advantages of e-filing are many compared to the traditional filing method. The process is much faster and there is no need for printing, thus reducing printing costs significantly. There is less room for errors as the software is checking the data before completing the process, and notifications are received promptly. If any issues with your e-filing occur, an email notification is sent.
Whether or not you are good with technology, it is important to stay informed when a change has been made to your Court. Many states are moving forward with e-filing; either they already have the services in place or they will be implementing them in the future. You may visit the National Center for State Courts (NCSC) website for e-filing information in your state.