A brave new appellate e-world.

• Author: Canfield, Rachel A.
• Position: Special Issue: Technology & the Practice of Law

Since the mid-1990s, advances in technology have transformed the world in which we live. Due to security and confidentiality concerns specific to the legal profession, courts and practitioners alike have been hesitant to modernize their procedure and information systems on a whim. However, after years of careful deliberation, the focused development of secure systems, and proven results, Florida's courts have joined the electronic age. As of January 2015, courts in Florida use one of three different Web-based electronic filing (e-filing) applications. Florida's state courts use either the Florida Courts E-filing Portal (ePortal) or the eDCA, and federal courts in Florida use the Case Management and Electronic Case Files system (CM/ECF). (1) While a fully electronic court system will ultimately prove more cost effective and efficient, it is an emerging standard that has unsurprisingly caused practitioners some confusion, to date. This article aims to quell some of that confusion by providing to the practitioner information about the various e-filing, e-service, and eRecord systems available in Florida courts today.

Electronic Filing in Florida State Courts

Florida's state court system has long embraced technological advances to increase access to courts, functionality, and efficiency. (2) In 2004, Florida's state courts began developing the infrastructure and policies to support an electronic case management system. By 2012, the Florida Supreme Court formally adopted mandatory e-filing procedures, subject to a graduated implementation schedule. (3) As of 2013, e-filing became the mandatory method of filing in each of Florida's courts. (4) It should be noted that the mandatory procedures apply only to "non-confidential" information. (5) Due to these efforts, Florida state courts enjoy the most advanced and straightforward e-filing systems of any state. (6)

* The Florida Courts E-Filing Portal (7)--The Florida Supreme Court, Florida's Second District Court of Appeal, and most of Florida's circuit and county courts use the Florida Courts E-Filing Portal (ePortal). (8) Florida's ePortal provides e-filing and case management capabilities to registered users with a single statewide login. (9) The ePortal operates under the rules and standards set forth by the Florida Supreme Court (in consultation with the Florida Courts Technology Commission), (10) and is governed by the Florida Courts E-Filing Authority as overseen by the Board of Directors, which is comprised of eight circuit court clerks and the clerk of the Florida Supreme Court. (11)

Attorneys who are members of The Florida Bar, those who are admitted pro hac vice or are employed by the Department of Justice and represent the U.S. in a case in Florida, or are self-represented (pro se) litigants may register for ePortal. (12) Florida registered paralegals may also register for and use an account created by the attorney for whom they are filing. (13) In order to register as a filer with ePortal, a registrant must have a Florida Bar number (or pro hac vice credentials), at least one email address, and a username and password. Upon registration, the filer will receive an activation link via email. (14) There are no fees to use the ePortal (other than those already existing statutory filing fees) and such fees can be paid using most major credit cards or electronic checks. (15)

There are a number of beneficial features on the ePortal. For example, appellate practitioners using the appellate court filing path enjoy a "Work Bench" feature, which allows the filer to save and later access a potential filing prior to submission; this feature is currently unavailable for those using the trial court filing path. (16) E-Filings are accepted and dated for submission until 11:59:59 p.m. on the day filed. The filing date is the date of receipt by the ePortal, which along with the time of filing, is electronically affixed along the top of the first page of the filing. Registered users may check on the status of a filing or determine whether a document has been filed by accessing the "My Filings" page, which provides the filing number, case style, court case number, status, court in which the document was filed, submission date, and a completion date or remarks.

There are several ePortal document submission standards the practitioner should bear in mind when preparing documents to be attached to filings. For example, the ePortal supports three document types: Microsoft Word document, Word Perfect, or PDF, and briefs must comply with the type size as set forth in Fla. R. App. P. 9.210. Formatting standards require that documents be 8 1/2 by 11 inches (or, if in excess, arrangements should be made to transmit digitally through some other acceptable means) and have a blank three-by-three-inch space at the top, right-hand corner on the first page and one-by-three-inch space at the top, right-hand corner of subsequent pages to accommodate filing dates/time stamps, contain one-inch margins, be electronically signed when possible, submitted in black and white, and be scanned at a resolution of 300 DPI. (17) Each pleading should be uploaded individually, ADA compliant, 25MB or under (if over, the document must be separated into multiple documents under 25MB each), and all metadata must be removed. (18) Documents containing confidential or sensitive information filed in a case that has not already been classified a confidential case must be accompanied by a Notice of Filing Confidential Information. (19) Deviation from the ePortal guidelines could result in delay of the process or...