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2 county court systems get e-filing approval

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Two of Indiana's largest counties are getting close to putting electronic filing plans into place after receiving a green light from the Indiana Supreme Court late last year and early this year for pilot projects.

A key goal of the separate pilot projects in Lake and Marion counties is to push certain cases online and eliminate the paper-based filing method. The aim is to make the court systems more efficient overall. Both are set up to be limited trial projects, but the prediction is that they will help set the tone for all courts someday using a paperless filing system.

In both counties, registered users must sign an agreement and pay fees to use the e-filing and service system. Both counties also offer a way for pro se litigants to use the new system, and opt-out provisions can be used for those not wanting to go paperless at this time.

Under the leadership of Circuit Judge Lorenzo Arredondo and Superior Judges Jeff Dywan and John Pera, the Lake County judiciary first filed a plan in June 2007 targeting e-filing for mortgage foreclosure cases randomly assigned to each court. Delays and amendments pushed the launch date back, and the judiciary submitted a new proposal in June 2009 for the Supreme Court's review. Lake County will use a self-contained system to file and serve documents using its CourtView case management system and through the online docket.

The Supreme Court granted Marion County's proposal submitted last year. It's believed to be the state's first e-filing pilot program targeted initially at foreclosure and collection cases that represent a large chunk of the civil judges' dockets. Thirteen courts will allow for the e-filings. A 91-page project report posted online at http://www.in.gov/judiciary/marion/docs/efiling021910.pdf describes the details of the plan, which is being tweaked locally before it takes effect later this year.

Marion Superior Judge Heather Welch led that initiative, along with some of her colleagues on the bench. She told Indiana Lawyer that this is no different for attorneys and litigants than coming into court to file regular paper documents and putting them into a file by hand. Computer terminals will be set up in the county clerk's office for public access.

LexisNexis is responsible for the electronic filing and serving, and the costs are $35 per collections case and $55 per mortgage foreclosure case, according to the project's pricing sheet. Fees are also included for any offline mail service delivery.

This has been in the works for years, with the county's judiciary and Indianapolis Bar Association exploring the e-filing possibility to tackle the growing number of mortgage and foreclosure cases. In the past few years, the number of those cases has increased steadily, and respectfully represent 50 and 58 percent of the civil judges' dockets, Judge Welch said. Tackling those cases will have the most impact on the overall caseloads, she said.

"The judges and the clerk ... have determined that an electronic filing system would advance efficiency in the Clerk's offices and the courts, and that members of the public and bar would be well served by such a system," the project plan says.

Similar systems have been implemented on a statewide basis in places like Colorado and Delaware, which have implemented either voluntary or mandatory e-filing.

Educational and training seminars for attorney, law firm, and court participants are expected in the coming weeks, according to the schedule. After three months, an E-File Advisory Committee will meet to discuss and document the project's progress. That group will also be responsible for evaluating and assessing the project and potential expansion.

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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