Have you heard? The replacement of paper court filing by electronic court filing is fast approaching. Are you ready for that?
The Florida Courts Technology Commission (FCTC) recommended that e-filing for civil cases become mandatory by April 1, 2013. Court Clerks believe they will be ready to accept e-filings in all circuits by July 1st of this year. A filing portal has been established, and the system is presently being tested by voluntary filings. The FCTC recommends that law firms sign on to and use the system as soon as they are permitted, follow the ensuing developments and be ready for the mandatory deadline.
E-filing has been fully in operation in the Bankruptcy Courts since 2005 and in the Circuit Court of Florida in the 9th, 11th and 12th circuits for more than a year. Our office has been using the system and reports are very favorable. Our chief bankruptcy attorney describes the e-filing system as “fantastic”.
The e-filing system will bring both benefits and challenges, some may welcome it more than others, but there is no escaping it. The benefits include working “paperlessly”, the immediate docketing of any document filed, the ease to meet filing deadlines, the ability for several people to view the same file simultaneously, and as happens now in the Bankruptcy Court system, for attorneys to be advised immediately by email of any filing on a file for which they have registered.
Among the challenges for attorneys arising from this change are that they will have to vet their filings for confidential information, reduce the filing of unnecessary material, and ensure that the documents they file are compatible with software that allows computers to read them to the visually impaired.
WWR is keeping fully abreast of the developments and will train our staff to ensure that we comply with the mandated rules and procedures. The Florida Courts E-Filing Authority which runs the portal has a website that provides explanatory material by going to www.flclerks.com and selecting E-Filing Authority in the left column. The Florida Supreme Court Clerk’s Office posted a guide which can be found at on their website under the Clerk's Office and Accessible Court Filings Information (www.floridasupremecourt.org/).
We strongly advise that you make in-house preparations to successfully meet the challenges, as we are doing. We stand ready to assist in any way to make this transition as successful and trouble free as possible.
If you have any questions on this matter, please contact Ms. Helen Roper, Esq. Helen is an associate practicing in the Real Estate Default Group focused on foreclosure and eviction services based in the Ft. Lauderdale, Florida office of Weltman, Weinberg & Reis Co., LPA. Helen can be reached at 954.740.5221 and hroper@weltman.com.