Local Rule LR91-AR16

1-101 Short Title

These rules may be cited as “E-filing rules.”

1-102 Definitions

The following terms in this Rule shall be defined as follows:

(1) “Electronic Filing Service Provider” (EFSP) means the service provided by Doxpop or a similar provider for E-filing and E-service of documents via the Internet. The service may be accessed via Internet or in person at the courthouse using a Public Access Terminal.

(2) “Public Access Terminal” means a publicly accessible computer provided for the purposes of allowing E-filing and viewing of public court records. The public access terminal shall be located in the White County Law Library at the White County Government Building and made available during normal business hours.

(3) “Electronic Filing” (E-file) means the electronic transmission of documents to the Court, and from the Court, for the purposes of filing.

1-103 Authority

Electronic filing and electronic service pilot projects are authorized pursuant to Indiana Rules of Court Administrative Rule 16. The rules in this section are adopted by the White Superior Court and White Circuit Court.

1-104 Scope of Rules

(1) As of the effective date of this rule, except as expressly provided herein, the White Superior Court may accept electronic filing and service of pleadings and other documents designated in this rule for any case type.

(2) The Court and the Clerk’s Office may issue and file, orders,and other documents electronically, subject to the provision of these rules.

(3) The filing of electronic pleadings and other documents is entirely voluntary.

(4) The Court shall publish and maintain a list of cases where E-filing is permitted.

(5) The following pleadings may be filed electronically: a) New case complaint and petitions b) Original Answers c) Any other pleadings or document including but not limited to motions and appearance forms.

(6) Sealed documents may not be E-filed and shall be filed conventionally.

(7) Parties may E-file a document by registering to use the EFSP.

(8) All filing shall comply with the requirements of Administrative Rules 9 and 16; and the Indiana Rules of Court, State and Local.

(9) Parties shall comply with the procedures and requirements of the Electronic Filing Pilot Project Plan which has been filed with State Court Administration as required by Administrative Rule 16, and which is incorporated in this rule by reference.

1-105 Authorized Users

For the purposes of accessing the EFSP over the Internet, the following users are authorized to register as Filing Users:

a) Licensed attorneys and their staff, including paralegals, secretaries

b) Pro hac vice attorneys

c) Judges and their staff

d) Court administrative staff, including technical support staff

e) Self-represented litigants

f) Other public users, including media representatives

1-106 Electronic Case File

The Clerk may maintain the original and official case file in electronic format.

2-101 Registration Requirements

(1) Persons who are authorized Filing Users and who desire to E-file shall register with the EFSP. Upon acceptance of an E-Filing user agreement, the EFSP shall assign to the user a confidential username and password to the system. The Filing User must then sign an identity verification form at the office of the Clerk of Circuit Court. Additional Filing Users may be added using this process at any time. No attorney or other Filing User shall knowingly authorize or permit his or her user name or password to be utilized by any other person.

(2) Registered users of the system shall notify the EFSP within 10-days of any change in firm name, delivery address, fax number or e-mail address.

2-102 Time and Effect of E-Filing

Any pleading filed electronically shall be considered as filed with the court when the transmission to the EFSP is complete. Any document E-filed by 11:59 P.M local Monticello, Indiana time shall be deemed filed on that date The EFSP is an agent of the Court for the purpose of electronic filing, receipt, service and retrieval of electronic documents. Upon completion of filing, the EFSP shall issue a confirmation receipt that includes the date and time of receipt. The confirmation receipt shall serve as proof of filing. In the event the Court rejects the submitted documents following review, the documents shall not become part of the official Court record and the filer will receive notification of the rejection. Users may be required to re-file the instruments to meet necessary filing requirements. Documents may be filed through an E-filing system at any time. Documents filed through the E-filing system are deemed filed when received by the Clerk’s office, except that documents received at times that the Clerk’s office is closed shall be deemed filed the next regular time when the Clerk’s office is open for filing. The time stamp issued by the E-filing system shall be presumed to be the time the document is received by the Clerk.

2-103 Format of Documents

(1) All electronically filed and served pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings.

(2) The electronic document title of each pleading or other document shall include:

(a) Party or parties filing/serving the document,

(b) Nature of the document,

(c) Party or parties against whom relief, if any, is sought, and

(d) Nature of the relief sought (e.g., Defendant ABC Corporation’s Motion for Summary Judgment)

2-104 Payment of Filing Fees

(1) Registered users shall pay statutory filing fees for E-filed documents electronically to the Court through their EFSP. Filing fees are due and payable at the time of filing.

(2) An EFSP may charge registered users additional fees to deliver, access and use the service. These fees shall be payable to the EFSP at the time of filing and are in addition to statutory filing fees.

(3) An electronic E-filing system fee may be established by the White County Council as provided in Administrative Rule 16(D).  

2-105 Signatures

Every pleading, document, and instrument electronically filed or served shall be deemed to have been signed by the judge, clerk, attorney or declarant and shall bear a facsimile or typographical signature of such person, along with the typed name, address, telephone number, and Bar number of a signing attorney. Typographical signatures shall be treated as personal signatures for all purposes under these rules. Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) may also be filed electronically by indicating that the original signatures are maintained by the filing party in paper-format. Unless otherwise ordered by the Court or Clerk, a printed copy of all documents filed or served electronically, including original signatures, shall be maintained by the party filing the document and shall be made available, upon reasonable notice, for inspection by other counsel, the Clerk or Court. Parties shall retain originals until two (2) years after all time periods for appeal have expired. From time to time, it may be necessary to provide the Clerk or Court with a hard copy of an electronically filed document.

2-106 Electronic Orders

All orders shall be filed using the current procedures within the CSI CMS.  All notices will be handled in the same manner that they are currently.

2-107 System or User Filing Errors