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EFILING AND ESERVICEPAST, PRESENT AND FUTURE

MFSRC CONFERENCEOCTOBER 6, 2015

Lisa KontzAssistant Dakota County AttorneyGina McDonoughRamsey County Support Enforcement Agent III

Terminology

EFS

Odyssey File and Serve

Tyler

Tylerhost• System created to enable registered users to electronically file and serve documents. Tyler Technologies is the company the Minnesota Judicial Branch contracted with to create the system.

• Distinguish from MNCIS/Odyssey

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Common eService Issues

• General eService address

• Multiple eService contacts listed

• EFS/Tyler eService contact does not match MNCIS/Odyssey attorney of record.

• If signed up as “other service contact”, service does not show in MNCIS/Odyssey (only shows in EFS/Tyler).

eService Details in Odyssey File and Serve/EFS

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eService entries in MNCIS/Odyssey

Rules Amendments•General Rules of Practice

•Rules of Civil Procedure

•Effective July 1, 2015

General Changes

• “Accommodate transition to more universal electronic environment”

• Transition to electronic filing and service: “documents” replaces papers, originals, copies.

• Self-represented litigant replaces pro se, unrepresented, non-represented.

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eFiling and eService Changes

• Mandatory for all cases statewide July 1, 2016. (Gen. R. Prac. 14.01(b)).

• Voluntary eFile and eServe rollout between October 9th

and December 14th.

• Rollout list by counties on Judicial Branch website

eFiling and eService Changes

• Self-Represented litigants (Gen. R. Prac. 14.01(b)(5))

• May choose to use e-file and e-serve but not mandatory.

• If they choose to, must electronically file and serve all documents in that case.

• Right to use the system may be revoked by the court.

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eFiling and eService Changes

• Cannot add e-mail address for any other person who is not their client, staff or co-counsel. (Gen. R. Prac. 14.02)

• Sanctions may be imposed.

• Timing (Gen. R. Prac. 14.03)• Filing: Document is deemed filed upon transmission (changed from acceptance).

• Service: is complete upon transmission. This is the case whether you are only e-serving or whether you are e-filing and e-serving jointly. (R. Civ. P. 5.02(c))

Restricted Identifiers

Certification by filer that the documents do not contain restricted identifiers (Gen. R. Prac. 11.02(c)).

• Act of filing constitutes the certification.

• Additional acknowledgement in the e-filing system (box to check on the screen).

• Failure to comply:• Will be given a chance to file properly redacted document.

• May be assessed a fee.

• Motion to request that filing date of the resubmitted document relate back to original.

Restricted Identifiers (continued)

Certification by attorney that the document does not include any restricted identifiers and all restricted identifiers have been submitted in a confidential manner. (R. Civ. P. 11.02)

• Act of presenting document to the court (signing, filing, submitting or advocating) constitutes the certification.

• Failure to comply:• Subject to typical Rule 11 sanctions by motion of other party or

court’s initiative.

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Restricted Identifiers (continued)

•Definition (Gen. R. Prac. 11.01)• complete or partial social security number

• employer identification number

• financial account numbers other than the last four numbers of a financial account number that is not also a social security number. (If last 4 digits are same as social security number, redact all numbers.)

Restricted Identifiers (continued)

• No party shall file restricted identifiers except when the information is germane and necessary for the court’s consideration of the issues. (Gen. R. Prac. 11.02)

• Other “identifiers” to consider redacting:• Health Insurance Policy Numbers

• Child care provider number or case number

Document Classification

•Filer is responsible to correctly classify into three classifications:• Public

• Confidential – not accessible to public but accessible to court staff and certain governmental entities as authorized by law, court rule or court order

• Sealed – not accessible to the public, accessible to court staff with only the highest security level clearance. Typically will need to be court ordered.

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Confidential Financial Source Documents

• Definition (Gen. R. Prac. 11.01(b))• income tax returns

• W-2 forms and schedules

• wage stubs

• credit card statements

• financial institution statements

• check registers

• “other financial information deemed financial source documents by court order”

• employer verifications (not listed in definition)

• Form 11.2 is classified as public. Attachments are classified as confidential. (Gen. R. Prac. 11.03(a)).

MPA Remote (Minnesota Public Access)

• Access to case information via internet for certain court records in MNCIS.

• Available to the general public free of charge.

• Not considered official court record.

• Electronic copies of public documents not available at this time.

• Distinguish from public access terminals at courthouses which offer access to statewide public case records.

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Signatures

• Signature block must contain designated e-mail address for e-service. (Gen R. Prac. 14.04)

• Affidavits can be but are not required to be notarized (Gen. R. Prac. 14.04, 15)

• Perjury Penalty Acknowledgment can be used instead of notary.

• “I declare under penalty of perjury that everything I have stated in this document is true and correct.”

Pagination

• Each document must, to the extent feasible, be consecutively paginated from beginning to end including attachments.

• Trial or other exhibits must be similarly numbered.

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