Friday, December 9, 2016

E-Filing: How Proposed Orders and Notices work

There has been some confusion about how proposed orders and notices work in the Indiana E-Filing System. They are handled differently from other documents. Here's what you need to know:

All documents other than proposed orders or notices submitted through the e-filing system will result in the filer receiving a "Submitted Filing Notification" at the time of filing and later, an "Accepted Filing Notification" containing a link to the file-stamped copy.

Proposed orders and notices are different. The "accepted filing" email for a proposed order or notice will contain a link to your document, but in most counties, it will not be file stamped, and it will never be a signed or approved document. The signed/approved version of the document will be delivered later, and through a different system.

Here are the details:

After initial submission, most documents flow into an queue where clerk or court staff process them, assigning case numbers if needed and filestamping them. However, any document requiring the approval of a judge is sent down a different path, where the judge may approve or deny it. (Or in some cases approve an edited version.) When the documents enter the judge's queue, they leave the e-filing system and are processed from that point forward in the court's case management system

That means you will receive the approved order or notice directly from the court rather than the e-filing system, and the method of delivery may vary depending on the county. Some counties still use postal mail or the attorney's box in the clerk's office for local firms. Most counties use an "E-Notice" system to send you an email containing a link to the signed order or notice.

Regardless of how the documents are delivered, we recommend setting an alert on the case using Doxpop so you will know when to start looking for delivery of the order or notice.

Next, you need to determine how the county handles delivery of orders and notices:

If the county still delivers hard copies, you just have to wait for that delivery to occur, and if it doesn't happen in a timely fashion, call to inquire.

If the county uses an e-notice system, but you didn't receive your email with the link to the document immediately after the minute entry noting approval was made, check the following:
  1. Is the attorney listed on the case? If the attorney is not listed as an attorney of record in the case management system, the e-notice system won't know who to send the order/notice to. Look up the case on Doxpop, and look at the top of the case details page to make sure the attorney is listed to the left of the party he or she represents. If the attorney is not there, call the clerk to get this corrected. Note: Being attached as an e-filing service contact and being listed on the court's CMS are two different things. 
  2. Is the e-notice system turned on for the attorney? In some counties, this is set up on a per-person basis, and if it is not turned on, of course nothing happens. Call the clerk to inquire.
  3. Is the email address correct? Have the clerk read you the email address from the e-notice system and have them help you correct it if necessary.
  4. Is there more than one record for the attorney? Some counties set up separate attorney records for the same person in different roles. For instance, they may use one attorney record for a person's private practice and another one for their part-time role as a public defender or deputy prosecutor.
  5. Is your email client throwing these documents in your spam-can? Spam filters are especially suspicious of emails containing links, so you may need to "white list" the domain that documents are sent from. (See the list below for the domains you need to allow through.)

We've surveyed many of the clerks who are doing e-filing, and here's how they are currently handling orders & notices:

Allen:  Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's email not in their system.
Carroll: Delivery via E-Notice and postal mail [both "for now" as of 4/4/17]
Cass: Delivery via postal mail or courthouse box for local attorneys.
Clark: Delivery via E-Notice system only. Emails come from courts.in.gov.
Clay: Delivery via postal mail.
Elkhart: Delivery via E-Notice system only. Emails come from courts.in.gov.
Floyd:  Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's email not in their system.
Franklin: Delivery via E-Notice system only. Emails come from courts.in.gov.
Grant: Delivery via E-Notice system only. Emails come from courts.in.gov.
Hamilton: Delivery via E-Notice system only. Emails come from courts.in.gov.
Harrison:  Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's email not in their system.
Hendricks: Delivery via E-Notice system only. Emails come from courts.in.gov.
Henry: Delivery via E-Notice system only. Emails come from courts.in.gov.
Huntington: Delivery via E-Notice system. Emails come from courts.in.gov; Courthouse box for local attorneys without an email in the system, Postal mail for others not in system.
Jackson:  Superior Emails using personal county email addresses, Circuit Court using Postal mail, Superior 2 using postal mail.  Currently, Emails will come from jacksoncountyin.gov. They hope to implement E-Notice soon.
Jefferson: Postal mail. Hoping to implement E-Notice soon.
Johnson:  Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's email not in their system.
Knox: Delivery via E-Notice system only. Emails come from courts.in.gov.
Kosciusko: Delivery via E-Notice system. Emails come from notify@kcgov.com.
LaGrange: Delivery via E-Notice system. Emails come from notify@lagrangecounty.org.Marion:   [Unknown... watch this space for updates.]
Monroe Delivery via E-Notice system. Emails come from courts.in.gov.
Morgan:  Delivery via E-Notice system. Emails come from courts.in.gov; If attorney's address is missing, postal mail is sent with a link to the form and request for email address.  
Rush:  Delivery via E-Notice system only. Emails come from courts.in.gov.
Shelby Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's email not in their system.
Tipton:   Delivery via E-Notice system. Emails come from courts.in.gov; Postal mail if attorney's Email not in their system.
Union: Delivery via postal mail.
Wabash: Transitioning from postal mail to E-Notice. Totally E-Notice by 5/22/17. Emails come from notify@wabashcounty.in.gov.
Wells: Delivery via E-Notice system. Emails come from notify@wellscounty.org.
White: Delivery via E-Notice system. Emails come from notify@whitecountyindiana.us.

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