Indiana to Launch Statewide E-Filing

• June 24, 2014
• by Stephanie Irvine
• Legislation
• Technology

Indianapolis, IN — Indiana has made the leap into the 21st Century by approving an amendment that will require all court documents to be electronically filed. Implementation of statewide e-filing in Indiana is expected to begin in early 2015.

The recently announced change (filed May 21th, 2014) has been in the works for quite some time, with a few “pilot” counties within Indiana already using e-filing technology. The pilot counties, including Lake and Marion Counties, began testing the technology in 2006. A third county, White County, Indiana, was slated to be a pilot county; however, local courts never approved or implemented the project. Despite this, the pilots were deemed successful.

Attorney Service companies can fight against e-filing all they want, but bottom line is that it’s here to stay. There’s nothing anyone can do to stop it. We’ve found great success in embracing it and looking at it as an opportunity not a hindrance.

Joseph Jones, Bosco Legal Services

Indiana’s courts have been requiring paper filings and utilizing a computer system that is 28 years old, according to the press release issued by the Court. Aside from the obvious change of updating nearly obsolete technology, allowing the courts to be more effective and efficient, statewide e-filing is expected to unify court systems and to be of overall benefit to everyone, including litigants, lawyers, judges, and clerks. Currently, Indiana is bidding out the technology that will be necessary to run the e-filing system.

Following the lead of other E-file states like California, Florida, and Texas, Indiana is continuing a trend of updating technology and enhancing court services. E-filing, by nature, will be more convenient and will allow for faster processing of court documents than the previous in-person paper method.

While this change is anticipated as a great move for the state of Indiana, process servers of other e-filing states report that the transition does not happen without challenges. Texas, which began implementing statewide e-filing last year, suffers from inconsistencies in processes among courts, counties, and even clerks, making it difficult to keep track of changing and unique legislation. Florida also struggled to maintain unity among county court processes as some courts were still requiring paper filing.

We spoke with Ashley Keeney of Professional Civil Process Service of Texas, who urged process servers to take an active role in e-filing legislation. She stated that “When it comes to state implemented e-filing, be informed, stay up-to-date with changes, and be prepared for anything because it is a rocky ride!” Keeney noted that by being involved with legislation surrounding statewide e-filing changes, process serving companies can potentially impact the standardization of e-filing.

States that have adopted e-filing standards are not only keeping up with today’s technology trends, but are able to process and file documents more expediently. Guaranteed filing dates, once submitted to the court’s e-filing sites, are critical for law firms and prevent delays and potential penalties for untimely filings.

Matt Massa, Firefly Legal

As always, it is in the best interest of civil process servers to keep abreast of ongoing changes in court processes so that documents are filed appropriately and on time, with the correct fee. The e-filing update is bound to alter the way civil process servers submit paperwork, but overall, the change should make the process more expeditious and efficient and be worth any growing pains.

Despite challenges that may occur during the transition to statewide e-filing, Matt Massa of Firefly Legal stated that “States that have adopted e-filing standards are not only keeping up with today’s technology trends but are able to process and file documents more expediently. Guaranteed filing dates, once submitted to the court’s e-filing sites, are critical for law firms and prevent delays and potential penalties for untimely filings.” Firefly Legal has offices in Illinois and Ohio and often does work within Indiana. Massa went on to state that their experiences with Indiana’s e-filing have been positive, citing that the process has been quite efficient. He further explained that it “enables us to process our Indiana work seamlessly without brick and mortar locations and court filers.”

We also spoke with Joseph Jones of California’s Bosco Legal Services, who warned and encouraged process service companies to get on board with e-filing. California began statewide e-filing, although not required, on January 14, 2013, with some counties picking it up well before then. Jones asserted that “Attorney Service companies can fight against e-filing all they want, but bottom line is that it’s here to stay. There’s nothing anyone can do to stop it. We’ve found great success in embracing it and looking at it as an opportunity, not a hindrance.” He also went on to state that e-filing has provided his company with additional business opportunities in ways they never considered.

While the jury is still out on whether statewide e-filing in Indiana will be a success, it is evident that the times are changing and more states are jumping on the e-filing bandwagon. We’ll keep you updated as we hear more, but overall, this change appears to be a step in the right direction for Indiana.

More About Indiana E-Filing

If you’re interested in reading the official order, here’s a copy of it:

Here are some specifics on Trial Rule 86: