Why can’t we just file cases via the internet? Why can’t I simply email my Motions to the Court of Appeals and not spend all my time in one rail transit and then another? With the advent of the rules concerning electronic documents, does the Judicial Department still distrust technology or is it a problem of facility and equipment for verifying the authenticity and authorship of the documents? Is it a matter of tradition, much akin to the english practice of wearing wigs? Would our courts be the last place where we will find paper?
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They likely will be. If it were just as easy as “email”...Email isn't secure, nor is it manageable when you think about how the courts would process, certify, manage and store the emails. Alternatively, courts want e-filing systems in place and want those systems to seamlessly integrate with their existing case management systems. However, the reality is that it costs millions and millions to build and maintain and support e-filing systems. So, who foots the bill? The federal courts through PACER have an advantage over state courts and other court systems due to a single case management system and funds to build and support. Since every state court has its own system, and often those are home-grown, it becomes a daunting tasks to implement e-filing…. Look at LexisNexis (note: I am employed by LexisNexis and in the e-filing business unit), we have been in the e-filing business almost 15 years now and are still just scratching the surface for providing solutions. We don't charge the court AND we provide an e-service solution so parties can simultaneously serve all parties in a case at the same time of filing. Yet still, adoption is sluggish (and that may be too rapid a word)!
In the meantime, the transit system remains your main recourse for filing with these courts….and of course, continuing to push the issue with clerks and judges to come up with alternatives – like mandatory e-service in the interim.
I'd be happy to discuss with you more and share the list of courts where e-filing IS available!
kendall.smith@lexisnexis.com
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