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Court: Slow start for optional e-filing

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Indiana Lawyer Rehearing

Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.

Launched in May, the e-filing program being managed by LexisNexis File & Serve has seen about 6,103 total MF and CC cases filed as of the four-month mark Sept. 17, and 995 of those – or 16.3 percent – have been e-filed. Court administration estimates that about 1,900 cases will have been e-filed by year’s end.

But the court hopes that more attorneys and law firms will get involved, and court administrators say they are encouraged by the Indianapolis Bar Association’s enthusiasm about the project and free training being offered. Though the system is currently optional, those leading the Marion Superior project say it will likely become mandatory at some point.

This e-filing project is similar to one that also began earlier this year in Lake County, though that one involves an internally created court system. Similar systems have been implemented on a statewide basis in places like Colorado and Delaware, which have implemented either voluntary or mandatory e-filing.

The Indiana Supreme Court had approved local rules earlier this year allowing for the Marion Superior e-filing project. Those rules can be found at www.in.gov/judiciary/marion/docs/efiling021910.pdf.
 

Rehearing "2 county court systems get e-filing approval" IL March 31-April 13, 2010

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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