EFILING “DEBRIEF”ONE YEAR LATER

Christin Gallardo, Esq.

Agenda• Recent Amendments to Rules of Judicial Administration

Related to eFiling and eService • Portal Enhancements• Tri-County Differences in Procedures and Policies• Navigating the Broward County e-Issuance System for

Summonses, Writs and Subpoenas• Certified Copies Through the Portal

• Avoiding Pitfalls in e-Filing from the Desk of the Broward County Clerk’s Office                 

• Signing Your Pleadings Digitally• Compiling ADA Compliant Pleadings

Rule 2.515 – SC13-915• The signature of an attorney on a pleading constitutes a

certificate that the signing attorney• read the document• that to the best of the attorney’s belief, there are grounds to

support the document• the documents is not intended to delay • the document contains no confidential or sensitive

information or any confidential or sensitive info has been protected pursuant to Rule 2.420 [confidentiality] and 2.425 [minimization]

Rule 2.515 - SC13-915• The subsequent filing using an attorneys credentials

and/or service of a documents the attorney certifies: • compliance with the four requirements outlined in the last slide and

accepts responsibility for the document• compliance with all rules of procedure regarding service• that every person identified as a signer has authorized the

signature • “every signing attorney is as responsible for the document as

if that document had been served by such signing attorney or filed using the assigned electronic filing credentials of such signing attorney”

Rule 2.525 - SC13-915• Amended to now explicitly require a document to be efiled

by the attorney who signs the document• “(b) Only the filing credentials of an attorney who has signed a

document may be used to file that document by electronic transmission”

Rule 2.516 – SC13-1915• Amended to reflect the ability to now serve documents via

the Portal (“eService”)• eService, and service by e-mail, is treated as service by

mail for the computation of time. RJA 2.516 (b)(1)(D)(iii)• When a party may or must act within a specified time after service

and service is made by mail or email, 5 days are added to the period… . RJA 2.514(a)(b)

Service through the Portal is not available when serving documentsthat are to be served but not filed such as discovery responses, Proposals for settlement, etc.

Portal Enhancements

Quick file to cases you’ve already filed on by selecting “My Cases” in the top menu.

Portal Enhancements

Find your case on the list and select “File Now.” You’ve just saved yourself and your client’s valuable time!

Portal Enhancements• Enhancements to “Appellate Workbench”

• Use the Portal when filing to the 2nd DCA and the Supreme Court • Use eDCA for the 1st, 3rd, and 4th DCA

Portal Enhancements• Notice of Inclusion on a Case

Receive notification when you’ve been added to a service list.

Portal Enhancements• Notice of Email Delivery Failure

Portal Enhancements• Service List Notifications

Triple check your service list, especially when filing confidential documents such as Estate Inventories.

Portal Enhancements• Document Type Search

Select “Add Document”

Portal Enhancements• Document Type Search

Select “Search for Document Group and Type”

Portal Enhancements• Document Type Search

Enter search terms and press “Select”

Portal Enhancements• Document Type Search

Select the desired document from the list provided.

Portal Enhancements• New selection for confidential information:

Selection number three is applicable to Baker Act and Marchman Actfiles in Broward pursuant to its local Administrative Order 2011-11-PRC.

Certified Copies, SummonsesWrits and Subpoenas

• Broward

• Palm Beach * summonses only

• Miami-Dade

Certified Copies - Broward

Select the number of pages/documents on the case status page. Make sure to order an envelope!

Certified Copies - Broward

Select the filing type “Copy of” and upload a memorandum to the clerk with a list of the requested documents.

Summonses, Writs and Subpoenas• Broward Summonses/Writs/Subpoenas Procedure

• Summonses/Writs/Subpoenas will be listed under the Document Types. Select the appropriate document type(s) and upload your document.

• The Portal will automatically calculate fees. • The clerk will apply stamps and signatures to the electronic

eIssued image, and an electronic version of the issued document will be sent to the filer via email.

• Print and provide the hard-copy version of the issued document(s) to their service provider of choice for service.

• eFile the original Return of Service along with the summons or subpoena in one document.

Proposed Orders via the Portal

• Broward * submit via Portal with cover letter or attached to petition

• Palm Beach * submit by paper

• Miami-Dade * submit by paper

Avoiding Common Pitfalls in Broward• Proposed orders should be submitted with a cover letter or attached

to the petition.

• Documents must be signed correctly and legibly - electronically or

otherwise.

• The Notice of Filing and the document to which it refers should be

uploaded separately

• Use the Smart Form if there is one and makes sure to merge exhibits

using a PDF merger tool.

• Consents and Waivers should be uploaded separately.

Avoiding Common Pitfalls in Broward • Don’t forget to put the correct case number on your document. Use a

cover sheet if necessary to avoid confusion.

• When filing a New Case, make sure the Petition/Complaint is the first

document uploaded.

• Make sure to enter the page number and documents numbers

correctly when ordering certified copies and don’t forget to attach a

memo explaining what copies are being requested.

• Don’t scan documents in color.

Creating and Using a Digital Signature

1. Place your original signature on a clean sheet of paper and scan it.

2. Open the scan and take a screenshot of your screen by pressing [ctrl] [Print Screen].

3. Open Microsoft Paint.

4. Paste the screenshot into Microsoft Paint by pressing [ctrl] [v].

Creating and Using a Digital Signature

5. Use the crop tool to draw a box around your signature. 6. Copy the image of your signature that you have cropped by hovering your mouse inside the box and pressing [ctrl] [c].

Creating and Using a Digital Signature

7. Open a new document in Paint and paste the cropped image using [ctrl] [v].

8. Use your mouse to drag the corner of the white background closer to your signature to create a smaller image.

9. Use the save icon to save a JPEG file of your signature onto your computer.

Creating and Using a Digital Signature

Open your ready-to-file converted pleading in Adobe Acrobat and select the “Sign” option to open the menu. Select “Place Signature.”

Creating and Using a Digital Signature

A dialog box will open and prompt you to select an option. Select “Use an Image.” Use the Browse option that appears to browse to the location where you saved your signature image.

Creating and Using a Digital Signature

Your image will appear in the review pane. Press “Accept.”

The dialog box will disappearand you will be able to move the image of your signature around on the document. Click your mouse to apply it.

To resize, click and drag the corner.

Creating and Using a Digital Signature

Once you have placed all needed signatures, select “Signed. Proceed to send.”

Merge document with your exhibits and eFile!

Select “Save a Copy.”

Accessibility RJA 2.526• Any document that is or will become a judicial branch

record…must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973 as incorporated into Florida law by section 282.603(1), Florida Statutes (2010), and any related federal or state regulations or administrative rules.

Accessibility RJA 2.526• Making court documents usable by assistive devices, i.e.

screen readers• Convert directly to PDF. • Lead pleading only at this time. Exhibits can be scanned

and then merged with lead pleading.• Can OCR but be mindful of size limitations for service

(5MB) and eFiling (25MB). • Use electronic signature. • CLE on this topic available on Florida Bar website.• http://www.floridasupremecourt.org/clerk/

electronicAccessibility.shtml

Resources• www.myflcourtaccess.com detailed eFiling manual available via link

at bottom of page • ADA Link www.floridasupremecourt.org • Florida Supreme Court Standards for Electronic Access AOSC0930

http://www.flcourts.org/gen_public/technology/bin/UpdatedE-AccessStandardsFeb2012v7.pdf

• Efiling Authority (including instructional videos and other materials) http://www.flclerks.com/eFiling_authority.html#Manuals

• Broward: www.browardclerk.org (will also provide links to resources)• Miami-Dade: http://www.miami-dadeclerk.com/faq_efiling.asp

http://www.miami-dadeclerk.com/contact.asp (efiling inquiry form)• Palm Beach: http://www.mypalmbeachclerk.com/efiling.aspx

Support• Portal registration issues/technical problems with

Florida Courts ePortal: support@myflcourtaccess.com or eFiling Portal Help line at 850-577-4609

• Broward -Did not receive notification of clerk action within 24 hours: send an email to efiling@browardclerk.org include reference number in the subject line

• Other questions: Broward County Clerk Internet/Public Access Help Desk at 954-831-5588 and your call will be routed to the appropriate division

Thank you!

Special Thanks to Dian Diaz and Allison Woodham at the Broward Probate Clerk’s Office for providing

assistance in compiling the “common pitfalls.”

To download a copy of this powerpoint, please visit http://www.wintterlaw.com/attorneys-staff/christin-gallardo/