TexasOnline e-Filing Overview
eFiling 101: Upcoming Changes and Important
Operational Dates
Austin, Texas
August 19, 2008
Management & Technology Consultants.TM
Agenda
Why do We Need e-Filing?
Texas e-Filing – The History
The TexasOnline e-Filing Solution
Texas e-Filing Rules
Participating Counties and Courts
Frequently Asked Questions
Question and Answer
Why Do We Need e-Filing?
The Problem: Paper process is not efficient.
For decades, courts have used a traditional paper-based process
 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? 85% of surveyed judges say the volume of
paper is an increasing problem.
Texas e-Filing Environment
There is a Better Way…
Attorney prepares document electronically.
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.
Clerk reviews and accepts document
electronically. Filer is notified via the Internet.
Court files are updated.
Texas e-Filing: The History
Two counties pioneered e-Filing in Texas
 Jefferson—1995
 Montgomery—1997
Selected civil cases in district courts
Contracted with LawPlus
Texas e-Filing: The History
Attorneys
A
Clerks
1
2
B
C
D
E
In the beginning…there were attorneys and clerks.
Texas e-Filing: The History
Attorneys
Clerks
A
1
2
B
C
D
E
Attorneys needed to file documents with the
clerks…lots of documents.
Texas e-Filing: The History
Attorneys
EFSPs*
Clerks
1
A
B
X
C
D
E
*EFSPs: Electronic Filing Service Providers
2
Texas e-Filing: The History
Attorneys
EFSPs
1
A
B
Clerks
X
2
C
D
E
Counties contracted with a service provider (LawPlus).
Texas e-Filing: The History
Attorneys
EFSPs
1
A
B
Clerks
X
2
C
D
E
Attorneys contracted with the service provider (LawPlus).
Texas e-Filing: The History
EFSPs
Clerks
1
X
2
3
Y
Z
4
5
6
Other counties may contract with other providers.
Texas e-Filing: The History
Attorneys
EFSPs
1
A
B
Clerks
X
2
3
C
D
E
Y
Z
4
5
6
Attorney may contract with different service providers to
file in different counties.
Texas e-Filing: The History
EFSPs
Clerks
1
X
2
3
Y
Z
4
5
6
Simple model for counties…
Texas e-Filing: The History
Attorneys
EFSPs
1
A
B
C
D
E
Clerks
?
X
2
3
Y
Z
4
5
6
Complex model for attorneys…multiple accounts and
standards.
Texas e-Filing: The History
Lessons Learned…First Two Counties
 e-Filing works
 Single service provider model is…
 Good for counties
X Less good for attorneys
 Need statewide standards
Texas e-Filing: The History
JCIT e-Filing Charge
§ 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;
Texas e-Filing
JCIT’s Intent
 Statewide technical standards and rules
 Open competition for service providers
 Single, standard statewide portal (EFM):
= TexasOnline
TexasOnline e-Filing Solution
TexasOnline
 Official website of the State of Texas
www.texasonline.com
TexasOnline e-Filing Solution
Attorneys
A
Clerks
1
2
B
3
C
4
D
E
Same players as before…
5
6
TexasOnline e-Filing Solution
Attorneys
EFSPs
1
A
B
Clerks
X
2
3
C
D
E
Y
Z
4
5
6
Same players as before…but now in addition to service
providers…
TexasOnline e-Filing Solution
Attorneys
EFSPs
EFM
1
A
B
Clerks
2
X
3
C
D
E
Y
Z
4
TexasOnline
5
6
…we add eFiling for Courts, the state’s electronic filing
manager (EFM) or “post office.”
TexasOnline e-Filing Solution
EFM
Clerks
1
2
3
4
TexasOnline
5
6
Clerks connect to eFiling for Courts.
TexasOnline e-Filing Solution
EFSPs
EFM
Clerks
1
2
X
3
Y
Z
4
TexasOnline
5
6
Service providers connect to eFiling for Courts.
TexasOnline e-Filing Solution
Attorneys
EFSPs
A
B
C
D
X
Y
Z
E
Attorney chooses a single service provider.
TexasOnline e-Filing Solution
Attorneys
EFSPs
A
B
C
D
X
Y
Z
E
Attorneys choose a single service provider.
TexasOnline e-Filing Solution
Attorneys
EFSPs
EFM
1
A
B
Clerks
2
X
3
C
D
E
Y
Z
4
TexasOnline
5
6
eFiling for Courts serves clerks and service providers
as the “post office.”
TexasOnline e-Filing Solution
Attorneys
EFSPs
C
D
E
Clerks
XML
pdf
A
B
EFM
X
Y
Z
TexasOnline
1
Vista
DMS
2
Hart
DMS
3
TSG
CMS
4
Max
CMS
5
Ody
CMS
6
Local
DMS
Standard XML metadata for management system import.
TexasOnline e-Filing Solution
Electronic Service of Copies
Attorneys
EFSPs
EFM
1
A
B
Clerks
2
X
3
C
D
E
Y
Z
4
TexasOnline
5
6
Attorneys can electronically serve copies on opposing
counsel at the same time that they e-file with the court.
TexasOnline e-Filing Solution
Electronic Service of Discovery: eServicePlus
Attorneys
EFSPs
EFM
1
A
B
Clerks
2
X
3
C
D
E
Y
Z
4
TexasOnline
5
6
Attorneys can electronically serve opposing counsel with
discovery requests, disclosures, responses, and notices
that are not filed with the court.
TexasOnline e-Filing Solution
Electronic Service of Orders and Notices
Attorneys
EFSPs
EFM
1
A
B
Clerks
2
X
3
C
D
E
Y
Z
4
TexasOnline
5
6
Judges can issue orders, notices, and settings to parties
electronically.
TexasOnline e-Filing Solution
TexasOnline Features
 Secure filer authentication
 Court fee and filing information online
 File-stamped copy to filer
 Data kept private and not sold
TexasOnline e-Filing Solution
TexasOnline e-Filing Process
 Filer logs on to service provider
 Filer enters information
 Filer submits filing
 Clerk reviews filing online
 Clerk accepts filing
 Filer receives confirmation and copy
Filer Accesses Account
Filer Enters Information
1. Select jurisdiction
2. Enter case information
3. Enter payment information
4. Attach document(s)
5. Submit filing
Filer Submits Document
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
Clerk Opens Inbox
Clerk Reviews Filing
Clerk Reviews Filing
Clerk Reviews Filing
IN THE DISTRICT COURTS OF TRAVIS COUNTY, TEXAS
250TH DISTRICT COURT
Clerk Accepts Filing
Filer Receives Confirmation
PLEASE DO NOT REPLY TO THIS E-MAIL.
This e-mail serves as your receipt.
FILING INFORMATION
Case/Cause Number:
Filing Type:
Filing Attorney:
Client Matter #:
Style/Case Name:
Sealed Indicator:
8975
Divorce
Tran Pham
444461
Hyde vs. Jekyll
No
Status:
Date of Status:
Court/Calendar:
Filing Trace Number:
Comments:
CONFIRMATION
Monday, March 05, 2007 8:49 AM
County Court at Law
ED027J010151580
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
Filer Receives Stamped Copy
IN THE DISTRICT COURTS OF TRAVIS COUNTY, TEXAS
250TH DISTRICT COURT
TexasOnline e-Filing Solution
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
Attorney Perspective
Attorney Perspective
Advantages For Attorneys
 Ease of 24 / 7 filing
 Fee calculation on screen
 File-stamped receipt
 Secure payment system
 Electronic service of copies
 Receive orders, notices, settings
Attorney Perspective
Advantages For Attorneys
 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
Attorney Perspective
Advantages For Attorneys
 Manual Filing Preparation Steps vs. e-Filing Steps
 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
Texas e-Filing Rules
Texas e-Filing Rules
Standard Local Rules
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
3.2
3.3
3.4
Scope
Clerks
Documents That May Be Applied
Documents Containing Signatures
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
Texas e-Filing Rules
Standard Local Rules
Service of Documents
Other Than Citation
Electronic Orders and Viewing of
Electronically-Filed Documents
5.1 Electronic Service
of Documents Permissible
6.1 Courts Authorized to Make
Electronic Orders
5.2 Completion of Service
and Date of Service
6.2 Viewing of
Electronic-filed Documents
5.3 Time for Action After Service
Miscellaneous Provisions
5.4 Certification of Service
7.1 Assigned Court
to Resolve Disputes
7.2 Rule Guiding Interpretation
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 e-Filing Rules
Noteworthy Provisions:
 e-Filing order
 e-Service order
 Electronic orders
 Global “opt-in” for electronic service
Texas e-Filing Rules
Noteworthy Provisions:
 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.”
Texas e-Filing Rules
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, 2008
TexasOnline e-Filing Counties
Counties: 36 so far; many more interested
 Current Counties: Austin, Bee, Bell, Bexar, Brazoria,
Brazos, Burnet, Cameron, Cass, Collin, Dallas, Denton, El
Paso, Fayette, Fort Bend, Goliad, Guadalupe, Harris, Hidalgo,
Johnson, Lubbock, McLennan, Midland, Moore, Nueces,
Potter, Randall, Schleicher, Tarrant, Tom Green, Travis, Upton,
Victoria, Waller, Webb, Williamson
 Candidate Counties: Calhoun, DeWitt, Grayson, Jackson,
Refugio, San Patricio
Counties
36
Clerks
45
Courts
288
Population
~70%
Counties
36
Clerks
45
Courts
288
Population
~70%
Upcoming Changes
Coming soon
 Travis County Courts at Law: August 2008
 Mandated case types: +45 on November 1, 2008
Mandated Case Types
Effective November 1, 2008
 ACCOUNT & SWORN ACCOUNT
 AFTER JUDGMENT GARNISHMENT
 APPL RESIGN & SUCC TRUSTEE
 APPLICATION FOR RECEIVER
 BEFORE JUDGMENT GARNISHMENT
 BILL OF REVIEW
 BREACH OF CONTRACT
 BREACH OF FIDUCIARY DUTY
 BREACH OF WARRANTY
Mandated Case Types
Effective November 1, 2008
 CLASS ACTION
 CONTRACT
 CONVERSION
 CONVEYANCE OF A DEED
 DECEPTIVE TRADE PRACTICE
 DECLARATORY JUDGMENT
 DEFAMATION SLANDER LIBEL
 DISCIPLINARY ACTION
 DISCRIMINATION
Mandated Case Types
Effective November 1, 2008
 DISSOLVE CORP/PARTNERSHIP
 EASEMENT RESTRICTION
 EMPLOYMENT DISCRIM HARASS
 FRAUD
 INJUNCTION
 INSURANCE CLAIM
 INTERPLEADER
 LOAN FORECLOSURE
 MANDAMUS
Mandated Case Types
Effective November 1, 2008
 MECHANIC LIEN
 OTHER ACCOUNT/CONTRACT
 OTHER CIVIL
 PARTITION TO PROPERTY
 PET DEPO PRIOR TO FILING SUIT
 PET TO PERPETUATE TESTIMONY
 PROMISSORY NOTE
 RECEIVERSHIP
 REMOVE CLOUD
Mandated Case Types
Effective November 1, 2008
 SEQUESTRATION
 SUIT OF REJECTED CLAIM
 TITLE TO EASEMENT
 TITLE TO REAL PROPERTY
 TRADE SECRETS
 WHISTLEBLOWER
 WORKER'S COMPENSATION
 WRONGFUL TERMINATION
 ZONING
Frequently Asked Questions
When are the time and date stamp are
applied to electronic filings?
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.
Frequently Asked Questions
What fees are associated with e-Filing?
 Registration, subscription fees
$0
 Transaction fees
$5-19 per filing
 Credit card fee
2.25%
Electronic Service is $4.50 - $10 for any number of parties
served.
Frequently Asked Questions
How do I know my filing was submitted?
 Receive immediate e-mail acknowledgment that your
filing was submitted successfully
 Receive confirmation of acceptance from the Clerk
IN THE COUNTY COURTS OF DALLAS COUNTY, TEXAS
COUNTY COURT AT LAW NO. 2
Frequently Asked Questions
Can verified pleadings be e-filed?
 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."
Frequently Asked Questions
What about e-Filing in justice courts?
 SB 237
 Rules approved by Supreme Court, 2008
 JCIT standards adopted March 2008
 System tests completed, March 2008
 First justice courts in Q2, 2008
Frequently Asked Questions
What about e-Filing in appellate courts?
 Discussions ongoing
 14th Court of Appeals Local Rules
 Clerk’s Record via CD now
 OCA Funding Request
Frequently Asked Questions
Frequently Asked Questions
TexasOnline (fee)
TAMES
Getting Started
Attorneys, Paralegals, Pro Se
 Select a service provider
 Register
 “Opt in” for electronic service
www.texasonline.com
Getting Started
Attorneys, Paralegals, Pro Se
 Select a service provider
 Register
 “Opt in” for electronic service
Getting Started
Attorneys, Paralegals, Pro Se
 Select a service provider
 Register
 “Opt in” for electronic service
 Ready to e-File and e-Serve
Summary
TexasOnline e-filing is available now:
 Travis County Courts at Law in August 2008
 Mandated case types effective November 2008
e-Filing Overview
Questions?
e-Filing Overview
For more information:
www.texasonline.com
www.courts.state.tx.us/oca/jcit
MCLE Credit
Course Title: Electronic Court Filing
Course Number: 900048409
Course Sponsor: 10885
MCLE & State Bar College: 1.0 participatory hour
TexasOnline e-Filing Overview
eFiling 101: Upcoming Changes and Important
Operational Dates
Austin, Texas
August 19, 2008
Management & Technology Consultants.TM
Getting Started
Courts and Clerks
 Adopt, post, and approve standard local rules
 Commissioners approve service level agreement
 Submit Auditor certification for convenience fee
 Provide document and fees schedule
 Designate account for deposits
 Attend training
 Ready to accept e-filing and issue e-notices