March 2011 #3. One Practitioner's Experience with Hawai'i Judiciary's E-Filing.


Hawaii Bar Journal


March 2011 #3.

One Practitioner's Experience with Hawai'i Judiciary's E-Filing

Hawaii State Bar JournalMarch 2011One Practitioner's Experience with Hawai'i Judiciary's E-FiliengAttorney Peter Esser, who specializes in appellate work, had 15 ongoing appeals when he learned that e-filing was being implemented. His reaction? "I freaiked," he recalls. "I came to the clerk's office on September 28th with my brief in hand, having just made 12 hard copies of it to file. I was greeted enthusiastically by the Supreme Court clerk who reminded me that e-filing had just been initiated." Esser, who knew nothing about e-filing at that time, recalls that that was "a pretty scary moment" for him. Undeterred, he and the clerk spent the next hour scanning his document into the system.

Soon enough, Esser began to process his remaining appeals through e-filing. "What choice did I have?" he jokes. "If I came to the Supreme Court Clerk's Office again with another hard-copy appeal, I knew they would exact their revenge - I probably would have had to give up my first-born." And so he got used to the system and began to recognize its advantages. Well, perhaps not entirely. A few weeks later, when he tried to e-file a cert petition on the last day of its 90-day deadline, he realized that there were no mechanics available to submit it. Again, he "freaked."

Despite those initial gut-wrenching experiences with e-filing, Esser is now adevoted convert to the e-filing system. H e believes that the benefits far outweigh the initial challenges. States Esser, " The great thing is that you don't have to serve the other side. In pre-e-filing days, when there was an opinion from the court, the clerks would immediately leave you a phone message but you might not receive that message until much later. Now, you get an instant e-mail the moment the order is entered. Motions are submitted...

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