e-everything: what you need to know about electronic filing & service and the florida ... center...
TRANSCRIPT
e-Everything:
What You Need to Know About
Electronic Filing & Service and
the Florida Rules of Judicial Administration
Amy Borman & Cindy Guerra
Amy S. Borman, Esquire
Fifteenth Judicial Circuit
Overview of E-filing, E-service & the Rule Makers
Where does the document go?
Overview of E-Filing & E-Service
Where does the document go?
Filer
FACC
E-portal in
Tallahassee
receives
document
from filer
Local clerk
receives
document
from e-
portal office
Filer can
select names
included on
the e-portal’s
service list for
e-service by
the portal
Local
clerk’s
office
accepts
filing
E-portal
rejects due
to size
limitation Local clerk
pends
document
back to filer
due to error
Local clerk
enters the
document’s
title onto local
docket; image
released to
CMS
Filer mails
documents
to pro se
who do not
opt in to e-
service
Filer can
serve by e-
mail attorneys
and pro se
who opted for
e-mail service
RJA 2.516
Filer
Service
E-filing/portal
Local Clerk’s Office
E-Portal
accepts
and notice
of receipt
sent to filer
Local
clerk
validates
and
redacts
Local clerk
emails e-
issued
documents
to filer.
Who makes the standards and the rules
governing e-filing & e-service?
Overview of the Rule Makers
FCTC, E-Filing Authority Board, &
Florida Supreme Court
Why is each circuit different?
Clerk’s Case Maintenance Systems
5 =
Showcase 3 =
Odyssey
6 = in house
system
1 = Clericus
2 = Benchmark
Judicial Viewers/Bench Viewers
pink =
ICMS blue =
in house
orange =
Mentis
orange =
Mentis
Cindy Guerra, Esquire
Clerk & Comptroller’s Office
E-Filing & E-Service through the Portal
E-Clerk
E-Filing E-Issuance
E-Recording E-Subpoena
E-Writs
E-Notice of Reassignment
E-Clerk Extension of Time
E- Summons
E-Defaults
In 2015 over 3.6 million documents were filed
in Palm Beach County; more than 1.5 million
of them were E-filed.
12
E-Filing vs Paper
Paper
39%
E-File 61%
Civil
Paper 86%
E-File 14%
Criminal
Paper 59%
E-File 41%
Combined
13
E-Filing
Civil 86%
Criminal 14%
Civil E-filings represent 86% of the total E-Filings for Palm Beach County.
14
How does it stack up?
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
Total Documents Filed by Week
Criminal Paper Criminal E-Filing Civil Paper Civil E-Filing
Civil E-Filing
Civil Paper
Criminal E-Filing
Criminal Paper
15
2015 Quarterly Judicial E-Filings by Circuit
0
5000
10000
15000
20000
25000
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th
1st Qtr Total 2nd Qtr Total 3rd Qtr Total 4th Qtr Total
Palm Beach County
Judicial E-Filings:
Over 25,000 in the 4th
Quarter!
Recorded Documents
50% 50%
Total Documents Recorded 475,147
Total E-Recorded Documents 237,509
E-Recording represents 50% of the Total
Recorded Documents.
17
Summons E-Issuance
0
1000
2000
3000
4000
5000
6000
7000
8000
Jan Feb March April May June July August Sept Oct Nov Dec
Nu
mb
er
of S
um
mo
ns Issu
ed
E-Issued Summons
Paper Issued Summons
81,472 Summons were Issued in 2015
68,360 were E-Issued.
• The Clerk’s office now e-issues 14,749 clerk
defaults and defaults not entered. That’s 91% of
the total defaults entered.
• In 2015 the Clerk’s office began accepting E-filed
writs of garnishment and the number of E-filed
writs is climbing.
18
Paperless Future
0
50
100
150
200
250
300
350
400
450
E-Filed
Paper
19
Resources
Clerk & Comptroller of Palm Beach County
Presenter: Cindy Guerra – Chief Operating Officer – Courts & Official Records
(561) 355-4845
Website: http://www.mypalmbeachclerk.com Email: [email protected] for Civil E-Filing
[email protected] for Criminal E-Filing
Phone: (561) 355-2986 Circuit Civil & Juvenile
(561) 355-4657 Criminal
(561) 355-2500 County Civil
(561) 355-6511 Unified Family Court
Statewide E-Filing Portal
Website: http://www.flcourtaccess.com
Phone: (850)577-4609
Amy S. Borman, Esquire
Fifteenth Judicial Circuit
Rules of Judicial Administration
Rules of Judicial Administration
2.420 – Confidentiality
2.425 – Minimization
2.505 – Appearance of Attorney
Public Access to &
Protection of Judicial Branch Records
Rule 2.420 - Confidentiality
Fla. R. Jud. Admin. 2.420(c) –
confidential & exempt records
• 2.420(c) addresses information that is not public
and should not be in the court file.
• Subsections (1)-(8): set forth a list of documents
that are exempted from public view including:
• specified internal court documents (proposed orders,
internal memoranda, etc.)
• records made confidential under the Florida and
United States constitution
• records made confidential under Florida and federal
law.
2.420(c) – confidential & exempt records
Subsection (c)(9) of the rule addresses court
records that are determined to be confidential
in a case decision or court rule on the grounds
that: …..
2.420(c) – confidential & exempt records
(9) – confidentiality is required to:
• Prevent serious or imminent threat to administration of justice;
• Protect trade secret;
• Protect compelling governmental interest;
• Obtain evidence to determine legal issues in a case;
• Avoid substantial injury to innocent third parties;
• Avoid substantial injury to a party by disclosure of matters
protected by a common law or privacy right not generally
inherent in the type of proceeding sought to be closed.
• Comply with public policy
2.420(c) – confidential & exempt records
What does this mean?
• There must be a DETERMINATION by the Court
that the information under subsection (c)(9) is
confidential.
• Fifteenth Judicial Circuit Administrative Order
2.303 sets forth the procedures to request a
closed hearing or to seal the document/file on
(c)(9) grounds.
Florida Rule of Judicial Administration 2.420(d)
Procedures for Determining Confidentiality
• In addition to the 2.420(c)(1)-(9) exemptions discussed
in previous slides, there are additional documents and
information within a document that must also be kept
from the public view.
• 2.420(d)(1) - instructs the clerk maintain this information
as confidential.
• 2.240(d)(2) - instructs the filer to inform the clerk when
the document contains this protected information.
2.420(d)(1)(B) –
procedures for determining confidentiality
(d) – the clerk shall maintain the following as confidential:
• Dependency case information
• Adoption records
• social security, bank account, charge, debit card numbers
• HIV test results
• Department of Health records
• Birth records and portions of death records
• Waiver of parental notice cases
• Records of substance abuse service providers
• Clinical records of criminal defendants
• Estate inventories
2.420(d)(1)(B)
procedures for determining confidentiality
(d) – the clerk shall maintain the following as confidential:
• victim’s address in domestic violence
• information of victims of child abuse or sexual offenses
• gestational surrogacy records
• guardianship reports, orders of no probable cause in guardianship
• grand jury records
• records regarding family services
• juvenile delinquency records
• records regarding persons subject to tuberculosis proceedings
• Complete presentence investigations
• Forensic behavioral health evaluations
• Reports on referrals to drug court
2.420(d)(2)
filer’s & clerk’s responsibilities
• The filer of a document containing confidential information
under 2.420(d)(1)(B) must at the time of filing file with the
clerk a
“Notice of Confidential Information within Court Filing”
• Clerk will review identified filings to determine whether
information is facially subject to confidentiality under (d)(1)(B).
• If Clerk finds information not confidential, Clerk will notify filer
within 5 days.
• Information will be maintained as confidential for only 10 days
unless a “Motion to Determine Confidentiality” is filed.
Notice of Confidentiality & Motion to Determine
Confidentiality of Court Records
• Procedures for filing the Notice of Confidential
Information within Court Filing are set forth Rule of
Judicial Administration 2.420(d)(4).
• Procedures for filing the Motion to Determine
Confidentiality in non criminal cases are set forth in Rules
of Judicial Administration 2.420(e).
• Procedures for filing the Motion to Determine
Confidentiality in criminal cases are set forth in Rules of
Judicial Administration 2.420(f).
Notice of Confidentiality & Motion to Determine
Confidentiality of Court Records
• What does this mean for the attorney filing or directing the filing
of a document?
• If confidential information is included in a filing, file a “Notice of
Filing Confidential Information”.
• Identify the document and the page/line where the confidential
information is contained.
• If the Clerk finds that the information is not confidential, file a
“Motion to Determine Confidentiality”.
• When sealing documents, files or hearings to avoid substantial
injury to a party under 2.420(c)(9), ensure compliance with
administrative order number 2.303 and provide proper notice.
Rule 2.425 – Minimization
2.425(a) – Limitations for Court Filings
• Unless authorized otherwise, sensitive information must be
limited to the following format:
• Initials of a person known to be a minor
• The year of birth for a birth date
• No portion of the following numbers: social security, bank
account, credit/charge/debit card account.
• The last four digits of the following numbers: TIN, EIN, driver’s
license, passport, telephone, financial accounts, brokerage
accounts, insurance policies, loans, customer accounts, patient
or health care
• A truncated version of the following: email, computer user
name, password, PIN, or as otherwise ordered by the court
2.425(a) – Limitations for Court Filings
• What does this mean for the attorney filing or directing
the filing of a document?
• Read the filings to ensure no sensitive information is
included.
• If you must include the sensitive information then under
2.425(d):
• move for a protective order;
• move to file the documents under seal; or
• request a determination of confidentiality of records.
Rule 2.505 – Appearance
2.505 (e) – appearance of attorney
• Current rule requires appearance in a proceeding
in any of the following ways:
• By serving or filing the first pleading or document;
• By substitution of counsel by order of the court
and with written consent of the client filed with the
court;
• By filing with the court and serving on all parties a
Notice of Appearance.
2.505 (f) – termination of attorney
• Current rule requires termination of appearance in
a proceeding in any of the following ways:
• Withdrawal – by motion, with hearing, and by an
order of the court (where the litigation is ongoing);
• Substitution - by order of the court and with
written consent of the client filed with the court;
• Termination of Proceeding.
Clerk’s Case Maintenance Systems
• Important for the Clerk to know who is listed as
an attorney in the proceeding.
• Status as an attorney on the case (as
captured by the CMS system) determines
access level for ability to view court records
online
• Documents clearly setting forth role as an
attorney on the case is needed.
Revisions to Rule 2.505
• Three categories of Attorneys:
• Lead counsel - 2.505(e)
• Additional counsel - 2.505(f)
• Limited Representation Counsel - 2.505(g)
• Each category will have different requirements for
an attorney to leave/withdraw from a case.
• Whether a Notice of Appearance is required will
depend on the category, whether the attorney
wants to be served, and whether the attorney
wants remote access to file.
Amy S. Borman, Esquire
Fifteenth Judicial Circuit
Rules Regulating The Florida Bar
Ethic’s Opinion 12-02
• A lawyer may provide their log-in credentials to the E-
Portal to trusted nonlawyer employees
• for the employees to file court documents
• that have been reviewed and approved by the lawyer
• who remains responsible for the filing.
• The lawyer:
• must properly supervise the nonlawyer
• should monitor the nonlawyer’s use of the E-Portal and
• should immediately change the password if the employee
leaves employment or shows untrustworthiness in use of the
E-Portal.
Cindy Guerra, Esquire
Clerk & Comptroller’s Office
E-portal Demonstration
Questions??