E-filing

The Supreme Court of Illinois has extended the Jan. 1, 2018, deadline to implement mandatory e-filing for all civil cases for Cook and Winnebago Counties. The request for an extension by Greene County was denied. 

The Circuit Court of Cook County will have six more months to prepare for mandatory electronic filing, according to an Illinois Supreme Court order issued Friday, Dec. 22, 2017.  Through June 30, the county is allowed to continue permissive e-filing with a commitment to complete the full case management system integration by April 1. By May 1, Cook County must permit filings for all civil case types to be made on eFileIL. Read the order on the Illinois Courts website to see the full list of conditions.

This extension comes after a request early last month from Cook County Circuit Court Clerk Dorothy Brown to push back the start date a full year, stating that the county's vendor, Tyler Technologies, could not fully meet the deadline. The Circuit Clerk's office will work with Tyler to meet the extended deadline, including the testing of essential functionality.

Mandatory e-filing goes into effect across Illinois on January 1 (you knew that, right?), and one task that belongs at the top of every law firm's to-do list is choosing from among the "electronic filing service providers" who are the pathways to the e-filing system. No service provider, no e-filing. It is not a DIY project.

The service providers, also known as EFSPs, offer a myriad of features that lawyers will need to compare and contrast in making their decision: prices and payment options, support features like call center hours and web browsers served, and additional services like document conversion, extended document storage, detailed or simpler reporting, and proof of service to other parties.

By mid-September, the vast majority of those in Illinois who had signed up, about 93 percent, had chosen Odyssey eFileIL, a free service provided by Tyler Technologies, the vendor hired by the Illinois courts to implement e-filing statewide.That sign-up pattern is typical of other states in which Tyler Technologies has worked, at least at the outset, says Terry Derrick, senior director of e-solutions for the Texas-based company. He notes that in Texas, where Tyler has provided services for a few years, 79 percent of filers currently use Odyssey.

"The majority of the filing community will start with a free solution to see if that will meet their needs," he says. "If it doesn't…they will venture out and look at value-added services offered by the other EFSPs."

It may come as a surprise to more than a few lawyers, but as of July 1, 2017, faxing documents is no longer a proper method for serving them. What's more, attorneys must include an email address at which they can be served with documents on their appearances and pleadings.

Why? Because the Illinois Supreme Court revised Illinois Supreme Court Rule 11 to mandate email service of documents filed with the court. It also eliminates facsimile service entirely. The changes were announced June 22.

The effective date of the rule amendments coincides with the day the supreme and appellate court were required to switch to the new e-filing system (circuit courts make the switch on January 1). The supreme court has made its intention clear - modernizing Illinois' court system is a priority.

According to new Rule 11(c), documents must be served via email unless certain exceptions apply. Documents may be attached to the email, or the serving party can include a link in the body of the email that will allow the recipient to download documents from a reliable service provider. If an email is rejected or otherwise returned as undelivered, the emailing party is responsible for ensuring that the document is actually delivered.

The Illinois Supreme Court Clerk's Office will join the eFileIL community on Thursday, June 15. Filers for the state's highest court will need to access the eFileIL filing platform at efile.illinoiscourts.gov and become a registered user through one of the authorized service providers. Supreme Court filers will no longer be able to use the i2File platform as of 11:59 p.m. on Wednesday, June 14.

On January 22, 2016, the Illinois Supreme Court entered Order M.R. 18368 announcing mandatory e-filing for civil cases in the Illinois Supreme, Appellate and Circuit Courts. Consistent with the amendment to this order, entered on May 30, 2017, permissive e-filing may continue in people cases on the Supreme Court's general docket and all cases on the Court's miscellaneous record ("MR") docket. The Supreme Court Order requires e-filing through a single, centralized electronic filing manager (EFM), which will be integrated with each court's case management system. The supreme and appellate courts have a July 1, 2017, deadline to join eFileIL. The Second Appellate District became the first reviewing court to join on May 18.

The Supreme Court Clerk's Office has been e-filing since 2012 on a pilot basis that was expanded to all cases in 2013. In 2016, approximately 48 percent of pleadings filed on the Court's general docket were e-filed and approximately 75 percent of the pleadings on the MR dockets were e-filed.