Electronic Filing: Is Your Firm Ready?
By Carol L. Schlein
There's an
electronic revolution in the courts. An internet search for
"electronic filing NJ" calls up information about a variety of
courts and government agencies that now accept documents by
e-mail. Electronic filing is rapidly becoming an option in
many courts in the state. For example, the U.S. Bankruptcy
Court instituted mandatory electronic filing last week and the
U.S. District Court here will unveil its Case
Management/Electronic Case Files (CM/ECF) in little more than
a month to replace its aging PACER software.
In addition, some state agencies handling administrative
hearings and procedures also are establishing guide-lines for
electronic submissions. While some requirements are similar
from one entity to another, there are no across-the-board
standards for different courts and venues. Fortunately,
however, the basic tools to submit pleadings electronically
are well-established and easy to obtain and master.
Lawyers anticipating filing online should do themselves and
their staff a favor: Get a high-speed internet connection -
either DSL (digital sub-scriber line) or cable modem - to
minimize the sending time. Don't be shortsighted and get
access on only one or two terminals - make it easy for anyone
in your office to submit filings from a desktop. Yes, this
opens the possibility that someone will spend more time
surfing than working. How-ever, remember that providing
internet access is not a personnel problem by itself. Lawyers
using dial-up services like America Online for e-mail may want
to switch to a provider like AT&T, Earthlink or Comcast to
more easily control sending and receiving attachments.
The other critical requirements for electronic submissions are
a compatible word processor and a tool to convert documents
into Adobe Acrobat's portable document format (files
identified as .pdf). Most courts allow documents in either
Corel's WordPerfect or Microsoft Word. Those on an older
version of either may want to upgrade to the latest version.
For example, be-ginning with WordPerfect 9, users can save
documents directly into .pdf with-out separately purchasing
Adobe Acrobat.
People often confuse the free Adobe Acrobat reader with the
full-featured Adobe Acrobat. Besides the $200 difference in
cost, the full product lets users not only view .pdf files,
but create their own from existing word processing documents,
spread-sheets, slide show presentations, etc. When installed,
Adobe Acrobat adds icons to many popular programs' tool-bars,
which makes it easy to "print" a document to the Adobe format.
Additionally, it supplies a driver to enable "printing" to the
Adobe distiller printer and create a .pdf file from
information on the screen.
Full Acrobat
Even with the latest word processor, you may want to purchase
the full Abobe Acrobat for additional functions. These include
the ability to limit what recipients of your documents can do
with the .pdf files. For example, you can prevent receivers
from printing your document or add password protection to
ensure the file doesn't get into the wrong hands. You can
annotate .pdf documents received from others, add highlighting
and bookmark important sections. Adobe Acrobat also has become
a leading tool for scanning documents, especially with Version
6, which permits conversion of scanned documents into text
using its Paper Capture tool. In prior versions, the Paper
Capture add-in had to be downloaded from the website and was
limited to 60-page documents.
You may find it helpful to purchase a scanner with a flat bed
and document feeder. If, as part of a submission to the court
or government agency, you must include documents created
out-side your office, you must scan them to create a digital
image that can be included with your submission. Adobe Acrobat
is one of the easier tools to accomplish this.
Most courts and agencies require a registration and
verification procedure. Some courts also may require an
initial fee and a usage fee for each filing. Also, be prepared
to supply a credit card for billing.
Most entities have a trial period for new systems when
electronic submission is still an option. When - as with the
U.S. District Courts - electronic filing becomes mandatory
(it's not required for pro se filers), attorneys are expected
to have mastered the steps and comply with the requirements.
The courts and agencies have offered training and assistance
during pilot periods. Invest the time to resolve any potential
problems before mandatory electronic filing takes effect.
Be sure to master the courts' online tips for submission
formats. When preparing documents to be converted to .pdf, be
sure the document looks right in Adobe before sending it.
Double-check the file by opening it using either the Adobe
reader or the full pro-gram before sending it to the court,
your client or an adversary.
Federal filing
Many federal bankruptcy and trial courts require filers to use
Netscape Navigator version 4.6 or higher rather than
Microsoft's Internet Explorer. Fortunately, a free copy can be
obtained from
netscape.com.
If you generally use Internet Explorer for re-search, you may
want to set up Netscape so that it opens directly to the
court's submission page.
The U.S. District Court for New Jersey will allow attorneys to
file and retrieve documents using its CM/ECF docketing system.
It was developed by the Administrative Office of the U.S.
Courts and already is in use in the bankruptcy courts and many
federal trial courts nationwide.
Lawyers practicing before New Jersey's District Court will
need Netscape Navigator 4.6 or higher. The court considers a
document officially filed when the electronic submission is
concluded. It must be completed by mid-night to be considered
filed that day.
Paper filings require signatures. Electronic filings are
considered signed by using a court-assigned log-in and
password. To register on the court's website, an attorney must
be admitted in the District of New Jersey.
Registered attorneys not only can file documents, but also can
obtain copies of other pleadings in their cases. To submit a
document, open Netscape Navigator, go to
pacer.njd.uscourts.gov. You will be asked for your ID and
password, the case number, name of the client and the type of
document being filed (answer, motion, etc.).
Once the document is transmitted to the court's system, a
receipt will be sent to verify the case docket sheet was
updated and is available to those with access to the system. A
notice also is sent to all parties who have agreed to receive
electronic filing.
Exhibits and attachments that cannot be submitted
electronically can still be filed as before, but allow ample
time.
Firms can pre-pay filing fees and have specific amounts
deducted. It is anticipated courts will accept credit card
payments in the near future.
It's a new world for the courts and attorneys. Even if you're
not handling federal cases, it's wise to get your firm
technically ready for electronic filing.
Carol L.
Schlein is president of Law Office Systems in Montclair, a
training and consulting firm specializing in law firm
automation. She was named Technolawyer's legal consultant of
the year for 2003. Previous columns are on her company
website, losinc.com. For
information about her quarterly meetings for Time Matters
users, check the website or e-mail
info@losinc.com. Schlein
formerly chaired the Computer and Technology Division of the
ABA Law Practice Management Section.
Questions for Carol L. Schlein on law office technology may be
faxed to New Jersey Lawyer at (732) 650-7010, e-mailed to
news@njlnews.com.
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