Eight Rules of E-Filing: Rule #1

Rule Number 1: All documents created by the court are stored in the electronic document management system (EDMS) are designated as “the official record”.

Why this rule?  Because many courts have and continue to maintain dual paper and electronic systems have reported that they have not benefited from their document management systems - simply because they are maintaining two systems.  Needless to say, doubling the number of systems is not a recipe for efficiency.  And while is takes time to transition from the paper file room to the electronic document system, the sooner that the conversion takes place, the better.

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2011 NIEM National Training Event

IT professionals from government and industry will gather in Philadelphia to learn more about the National Information Exchange Model (NIEM), sharing their implementation experiences, celebrating their accomplishments, demonstrating helpful development tools, providing domain updates, and discussing effective strategies for information sharing.  Among the five concurrent tracks, keynote speakers, and special events, here are a few highlights to pique the interest of state and local court leaders:

• Oklahoma AOC Information Exchange:  A Use Case for NIEM Enterprise Implementation
• National Association of State CIOs:  State and Local Panel
• Human Services Collaborations:  Information Exchange Across the Digital Divide
• LinkedIn’s Vice President of Strategic Alliances

Visit the NIEM 2011 Training Event website to view the entire NIEM NTE agenda, register, and reserve your accommodations at the Philadelphia Marriott Downtown.

Eight Rules of E-Filing (Introduction)

As in any technology project, the “devil” is in implementation and acceptance of the new system by the judges and court staff.  E-filing affects every part of the court operation since it transforms the filing system and the documents used to make court decisions.

Case Management Systems (CMS) have traditionally automated the registry/docket (historical event record), participants, and scheduling /task control and has left the document filing system for separate image document management programs.  This has primarily been done because of cost and the lack of workflow and task control capabilities in traditional CMS.

But I believe that this is also a remnant of the courts traditional organizational division between the docket/registry/indexing function and the document filing system.  Separate staff and separate processes are a common organizational structure in many clerk's offices.

Even today a great majority of courts still maintain physical case files.  And workflow in manual file systems has meant physically moving the file folder from person to person and office to office.  In many courts the file folder also serves as the case event registry.  This function is addressed by a printed registry form grid on the folder cover the list of documents contained within.  The advantage for this approach is that when one works on the contents of the folder, the data capture and presentation is literally in one’s hands.

Bestselling author, Malcolm Gladwell explains in his article “The Social Life of Paper” the attractiveness of this approach in a collaborative work environment like the court:

“Because paper is a physical embodiment of information, actions performed in relation to paper are, to a large extent, made visible to one's colleagues. Reviewers sitting around a desk could tell whether a colleague was turning toward or away from a report; whether she was flicking through it or setting it aside. Contrast this with watching someone across a desk looking at a document on a laptop. What are they looking at? Where in the document are they? Are they really reading their e-mail? Knowing these things is important because they help a group coordinate its discussions and reach a shared understanding of what is being discussed.” 

But the same capability can be done with even more ease in an E-filing/Electronic Document Management system as will be discussed in later posts in this series.

E-filing, document, and case management functionality cannot be separated.  Many courts have tried what is now termed an “e-delivery” systems.  This is where the documents are electronically submitted only to transfer the work of printing, collating, and storing the paper into the physical file folder to the court staff.  One can imagine the additional workload for court staff that negates the initial efficiencies of E-filing.  These projects have been shuttered after a period of time because E-filing did not reduce but rather increased the clerk's staff workload.

Over the next several weeks we will offer eight rules of E-filing systems implementation.  However, please note that there are many additional factors in any successful implementation as defined in classic project management structures including proper governance, budget, testing, and communication that cannot be ignored.  So please keep that in mind as you read our "rules".

International Conference on Electronic Litigation 2011

The Singapore Academy of Law are organising the “International Conference on Electronic Litigation 2011” in Singapore this August. The Organizing Committee has extended a very warm invitation to attend the Conference which will be held on 11 and 12 August 2011 at the Marina Mandarin Hotel, Singapore.

The Conference will feature two keynote speakers, Lord Justice Rupert Jackson of the Court of Appeal in the UK and Judge of Appeal Justice V K Rajah of the Supreme Court of Singapore. The key objective of the Conference is to gather legal luminaries from all over the world to discuss and confer on international developments in electronic litigation. These include electronic discovery, electronic hearings, the preservation of electronic evidence and the duty on litigants and lawyers to preserve such evidence. Other topics in this rapidly evolving area of the law include a discussion on recent developments in computer forensics and common issues faced by computer forensic experts. Judges, legal practitioners, in-house counsel and academics from all over the world will be invited to attend the Conference. Speakers and panelists will be drawn from the Judiciary, the legal industry and academia to represent a full range of views.

New Hampshire Seeks E-Courts Staff

The New Hampshire Administrative Office of the Courts have posted two job announcements.

The first announcement (pdf) is for a two year appointment as the E-Courts Project Manager.

And the second job posting (pdf) is a one year appointment for an E-Courts Statutes/Rules Analyst.

For additional information, a summary of the courts 2010-2012 Information Technology Plan (pdf) can be viewed/downloaded by clicking here.