Electronic Filing - The Future of Litigation - Published 2012 ITLA
EOn October 24, 2012, the Illinois Supreme Court ended its experiment with pilot electronic filing, and decided that the entire state may now employ electronic filing. This means that the way that you practice law will change forever. On January 1, 2013, the Supreme Court Rule on electronic service came into effect:
Rule 131. Form of Papers
(a) Legibility. All papers documents and copies thereof for filing and service shall be legibly written, typewritten, printed, or otherwise duplicated. The clerk shall not file any which do not conform to this rule.
(b) Titles. All papers documents shall be entitled in the court and cause, and the plaintiff’s name shall be placed first.
(c) Multiple Parties. In cases in which there are two or more plaintiffs or two or more defendants, it is sufficient in entitling papers documents, except a summons, to name the first-named plaintiff and the first-named defendant with the usual indication of other parties, provided there be added the official number of the cause.
(d) Name, Address, Telephone Number, and E-mail Address of Responsible Attorney or Attorneys. All papers documents filed in any cause or served upon the opposite party shall bear the name, business address, and telephone number of the responsible attorney or attorneys and the law firm filing the same, or the mailing address, and telephone number of the party who appears in his own proper person. If the responsible attorney or attorneys or the party who appears in his own proper person will accept service by facsimile transmission or via e-mail, then the paper document shall also bear the statement “Service [by facsimile transmission ] [via e-mail] will be accepted at [facsimile telephone number ] [e-mail address].”
Given 24 judicial circuits, 102 counties, and 13 million people, It is no surprise that courts have proceeded along different paths. Luckily, some information is available on line in most counties. The vast majority (80 county courts) use a database system developed by Goodin & Associates. 64 counties use Judici, which allows some access to rather limited court data, such as litigant information, criminal charges, civil judgements, fines and fees, even hearing dates. In several counties, if a user pays a premium, additional services may be available.
COOK COUNTY
As of 1/1/2012, Cook County's Electronic Filing System is limited to commercial litigation (Law Division) cases. Pleadings, motions, and other filings are permitted. Motions can be noticed up online. If your case fits these parameters, log onto and follow the instructions:
https://efile.cookcountyuscourts.com/Login.Aspx
Complete Dockets, schedules, and clerk entries of almost all other cases are available at:
http://www.cookcountyclerkofcourt.org/
Filing/service of pleadings is also permitted through Lexis/Nexis.
Cook County is actively planning for full e-filing and e-access. The Clerk is scanning many newly filed pleadings. ncrementally, Cook County is well on the way to increasing e-filing throughtout all court divisions.
DUPAGE COUNTY 18th Circuit
DuPages relies on i2File and Lexis/Nexis for filing and service in both new and existing cases. Additionally, their website provides additional data, forms, and other standard court and clerk information. http://www.dupageco.org/CourtClerk/3001/
Don't try to get live help from Lexis/Nexis, unless you like waiting for over 5 minutes. Luckily, their website is fairly self explanatory: http://www.lexisnexis.com/fileandserve/default.asp
“i2File” allows new case and existing case filing, payments, and to view the status of your filed documents. You can also request copies of previously filed documents, including certified copies. “i2File” is about as basic as you can get, and still be useful. You cannot view filed documents online, unless you purchase a copy.
WILL COUNTY 12th Circuit
Currently, Will County limits e-filing to Law Division (over $50,000) and Arbitration cases. If you are a plaintiff filing a new case, or a defendant filing a responsive pleading, or if the parties enter an agreed order with the judge to use electronic filing, you can file electronically. Two systems are currently in use, I2File (free) and Wiznet. Wiznet costs $5 for e-filing or $8 for service of the e-filed pleading. You must create your personal or lawfirm ID to log onto either program.
Wiznet provides detailed information on e-filing, research on a particular case, changing attorneys, service information and filing documents in existing cases. Their instruction manual can be found at:
http://www.wiznet.com/willil/docs/OFS_WillCounty_UserGuide_3004.pdf
Local Rule 18 et seq, covers electronic filing: http://willcountybar.org/files/pdfs/willcountycourtrules.pdf
Will County permits access to case dockets, court schedules, party information, court information, forms, and and other pertinent information available. Some fines and fees, including child support, can be paid online directly to the court.
MADISON COUNTY 3d Circuit
Madison County has used electronic filing since 2008. In Asbestos and AR (Arbitration) cases that were filed a electronically, the entire file is available online. The E-system is limited to those cases where a Plaintiff files a complaint electronically, a Defendant files an answer electronically, or when all of the parties to an Asbestos, L or AR case stipulate in writing to the submission of a pending case for inclusion in the e-filing program.
If a case can be e-filed by stipulation, the Clerk electronically copies the physical file and includes in the Clerk’s Case Management System, which can be accessed by all. Non-attorneys and non-parties can receive a temporary PIN which allows them to access public case information at a court terminal.
For attorneys using E-filing, they must maintain a hard copy and at the request of the court or a party, produce that copy within five days. At this time, Madison County maintains a paper copy of each E-filed case.
The local rules are available at: http://madisoncountycircuitcourt.org/courts/civil/law/
1st Circuit (Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline, Union Counties)
Jackson County permits access to case dockets, court schedules, party information, court information, forms, and and other pertinent information available. Some fines and fees, including child support, can be paid online directly to the court. Be patient. Some of the web links on their website are bad.
All counties, except Massac, rely on some level of Judici access.
2nd Circuit (Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Lawrence)
All counties, except Gallatin, provide some form of Judici information. The 2nd Circuit website provides forms, local rules, and other basic information.
4th Circuit (Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, Shelby)
All counties, except Jasper, provide some form of Judici information.
A pilot program for e-filing is being put in place in Montgomery County for all civil cases (Chancery, small claims, Law). They plan to be online within the next 60 days.
5th Circuit (Clark, Coles, Cumberland, Edgar, Vermilion)
All 5th Circuit counties provide Judici data. Vermilion County's website has not worked for several weeks. Clark's website provides local rules and a list of approved child custody attorneys. Coles County website links to other public ($$) databases, including some court records.
6th Circuit (Champaign, DeWitt, Douglas, Macon, Moultrie, Piatt Counties)
DeWitt, Douglas, Moultrie and Piatt Counties provide Judici data.
Champaign County provides “PASS” information on Traffic, Civil, Criminal, Probate and City ordinance litigation. It provides Party information, Docket information, and the text of orders for significant events. Macon provides similar information on all types of litigation, using a different database.
7th Circuit (Sangamon, Morgan, Scott, Greene, Jersey & Macoupin Counties)
Morgan, Macoupin, and Jersey Counties provide Judici data.
Sangamon County permits the public to search their records in person. Docket information is available through its website via “Infax Docket” and most other case information, including party information, docket history, and resolution is available online through Sangamon's own system. No counties have an existing pilot program for e-filing at this time.
8th Circuit (Adams, Brown, Calhoun, Mason, Menard, Pike, Schuyler Counties)
Except for Brown and Calhoun Counties, all others use the Judici system. Currently, no e-filing exists. The Court is working with Goods Associates on expanding access and future
e-filing for parties and attorneys.
Local Rules are available at http://www.co.adams.il.us/courts/rules.htm
9th Circuit (Fulton, Hancock, Henderson, Knox, McDonough, Warren Counties)
None of the Counties subscribe to the Judici system. There are no pilot e-filing projects currently active. The Circuit's website, including forms and local rules is: http://www.9thjudicial.org/publicinfo/mainreferralpage.htm
10th Circuit (Marshall, Peoria, Putnam Counties)
Marshall and Putnam Counties use Judici. Peoria provides a 14 day future docket for civil, traffic and criminal cases. The docket can be searched for an individual case.
11th Circuit (Ford, Livingston, Logan, McLean, Woodford Counties)
All counties, except McLean, have some access to Judici. McLean permits criminal disposition information online, and provides future dates in Criminal and Traffic cases: http://webapp.mcleancountyil.gov/webapps/PublicAccess/pubac_main.htm
13th Circuit (LaSalle, Grundy, Bureau Counties)
Grundy County provides Judici data. LaSalle County will complete a record search for you for $6 per record.
The Circuit is closely observing the birthing pains in other counties as e-filing efforts gather speed. The three counties composing this Circuit use two different judicial databases which operate somewhat differently. Until they can figure out a patch, no Circuit-wide E-filing is likely in the immediate future.
14th Circuit (Henry, Mercer, Rock Island Counties)
All counties provide Judici data. Courts (or the clerks) provide emailed decisions t attorneys in some cases. There are no plans for a e-file project or pilot program at this time.
15th Circuit (Carroll, Jo Daviess, Lee, Ogle, Stephenson Counties)
All counties provide Judici data. The local rules are on line: http://www.15thjudicialcircuit.com/resources/court-rules
16th Circuit (Kane)
Kane does not provide Judici data. A two month schedule for all future court dates is available on line. http://www.cic.co.kane.il.us/disclaimerFutureCourtDates.htm
17th Circuit (Boone, Winnebago Counties)
Boone County provide Judici data. Winnebago uses FullCourt Enterprise, created by Justice Systems, Inc. It provides similar information as Judici, but in its own proprietary fashion. How well this system could be adapted to deal with electronic filing remains to be seen.
A major data conversion already took place in 2010
19th Circuit (Lake County)
Currently, Lake provides no electronic data that can be accessed by the public remotely. There are no current plans to permit e-filing, or electronic access to court data. The basic court information is available at:
http://www.lakecountyil.gov/CircuitClerk/Pages/Default.aspx
What Lake County does have is a absolutely fascinating plan for leap-frogging over many existing solutions and programs, and providing a 21stcentury answer to what used to be a paper-driven system. When their program gets past the current demo stage (and what a demo it is!) it could conceivably move the entire State of Illinois into a modern legal age, something that no county could have ever done on their own. Given their interest in sharing this system,
20th Circuit (Monroe, Perry, Randolph, St. Clair, Washington)
21st Circuit (Kankakee, Iroquois Counties)
22nd Circuit (McHenry County)
The current system allows any member of the general public to search by Party Name, Case Number, and Ticket Number: http://68.21.116.46/wow65/runApp
The County provides basic information, such as Case type, parties, disposition). The system provides the next court date, party information, financial data and service of process data.
Currently, on select cases, parties are permitted to log on securely, and review scanned filings.
Within 6 months, McHenry County plans to begin allowing E-Filing, preferably on all types of cases.