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Hickey: A change to E-pplaud

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The Indianapolis Bar Association's President's Column:


Who says that hard work and persistence don't pay off? Well before the E-Trade talking baby commercials, our local judges were exerting their energy in formulating the framework of a plan to bring efficiencies to court filings. For those of you that have the pleasure of electronic filing in federal court or asbestos cases, you understand the benefits that come with the paperless push. Not so in the Marion Circuit and Superior Courts.

While federal court electronic filing has been around for well over a decade, our state courts have continued to withstand the deluge of legal filings and manual pushing of paper, nearly buckling under the mountain of it. As filings and caseloads have increased, so have the burdens beneath it. One must only look in the courtrooms to get a sense of the need for some E- innovation. It is, finally, here.

Through the concerted efforts of many of our jurists over many years, as well as the IT Director, Marion County Court Administrator and Clerk, the Marion County Circuit and Superior Courts Electronic Filing Pilot Project was approved by the Supreme Court, Division of State Court Administration, earlier this year. Local rules relating to electronic filing have been adopted and the Plan and Rules can be found at www.in.gov/judiciary/marion/docs/efiling021910.pdf.

Through this pilot project, E-filing will become a reality on May 17, 2010, for civil collections (CC) and mortgage foreclosure (MF) cases on a voluntary basis. LexisNexis is the third-party vendor who will bring to our local courts the File and Serve tested technology already being used in other courts throughout the country. Although the types of cases are initially limited, the hope is that the success of this program will lead to expansion in other areas, both substantively and geographically.

While some may look at change with trepidation, use of technology to improve the courts will in our lifetime be the legal standard across the nation. In addition to the "green-ness" of crawling out of the paper-age, there exist a whole host of other benefits that come with E-filing. Those were the subject of an article in the ABA Journal several years ago. Everything from improving efficiency and accessibility to cost-savings were cited as direct benefits of converting filings from paper to digital. Once over the initial "hump," E-filing is heralded as a money-saver in the long run. The article also highlights the added benefit of extended filing hours for procrastinating attorneys.

Without sounding like a commercial, the File and Serve site all but makes the case to opt-in for CC and MF cases. Benefits include: improving access to documents and maximizing resources; improving litigation support and gaining added control over case file management; filing and serving with greater ease; monitoring case activity with monitoring tools; and real time access to publicly-available court documents.

Of course, big change never comes without the discomfort of newness. A successful program starts with good training. With that, enter the Bar. The IBA E-Filing Task Force was created to assist in implementation of this project for the benefit of our members. In addition to recent Bar-hosted presentations on E-filing, training sessions in preparation for the project launch will be hosted at the IBA offices in early May. The sessions will be offered over several days and will include detailed demonstrations from LexisNexis representatives on the use of the File and Serve system. Look for additional information in upcoming issues of the E-Bulletin and special notices regarding reserving your spot.

That this project coming to fruition is something to celebrate is an understatement. It represents the hard work and dedication of persistent leaders in our legal community over many years. It is welcome change in the right direction.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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