Mich. Admin. Ord. Administrative Order No. 2011-1
On order of the Court, the 3rd Circuit Court is authorized to continue its e-filing project during a transition period while the State Court Administrative Office prepares and implements a statewide e-filing system. The 3rd Circuit Court is aware that rules regarding electronic filing have been published for comment by this Court. If this Court adopts electronic-filing rules during the pendency of the 3rd Circuit Court Electronic Document Filing Project, the 3rd Circuit Court will, within 60 days of the effective date of the rules, comply with the requirements of those rules. In addition, it is anticipated that the 3rd Circuit Court, along with other courts that participated as e-filing pilot project locations, will be among the first group of courts that will connect with any statewide system for purposes of testing and early integration. Any expenses that arise from integration of the 3rd Circuit's e-filing system with the statewide system will be the sole responsibility of the 3rd Circuit Court.
The 3rd Circuit Court will report to and provide information as requested by the State Court Administrative Office.
1. Construction
The purpose of the transition period for e-filing pilot program is to continue successful e-filing efforts in the 3rd Circuit and to coordinate with state efforts, through a vendor or otherwise, to build and operate a statewide system of e-filing. The 3rd Circuit Court may exercise its discretion to grant necessary relief to avoid the consequences of error so as not to affect the substantial rights of the parties. Except for matters related to electronically filing or service of documents during the transition period, the Michigan Rules of Court govern all other aspects of the cases involved in the project
2. Definitions
(a) "Clerk" means the Wayne County Clerk.
(b) "E-filing" means any court pleading, motion, brief, response, list, order, judgment, notice, or other document filed electronically pursuant to the pilot program.
(c) "LAO" means all local administrative orders governing the 3rd Judicial Circuit Court.
(d) "MCR" means the Michigan Court Rules.
(e) "Transition e-filing Program" or "project" means the initiative by the 3rd Judicial Circuit Court, and the Wayne County Clerk in conjunction with the court's vendor, and under the supervision of the State Court Administrative Office to facilitate the electronic filing of pleadings, motions, briefs, responses, lists, orders, judgments, notices, and other documents during the period after enactment of statutory authority to fund and operate a statewide electronic filing system.
(f) "Technical malfunction" means any hardware, software, or other malfunction that prevents a user from timely filing a complete e-filing or sending or receiving service of an e-filing.
3. Participation in the Program
(a) Participation in the project shall be mandatory in all pending "C" type cases (i.e., CB, CC, CD, CE, CF, CH, CK, CL, CP, CR, CZ); as well as all pending ND, NF, NI, and PZ case types. All judges in the 3rd Circuit Court's Civil Division shall participate. Expansion into the other Civil Division case types will occur as follows: upon the effective date of this order, the court may (except for good cause as stated in the paragraph below) include the following case-type codes in the e-filing project: all case types for appeals (case types AA, AE, AP, AR, and AV), all cases for administrative review, superintending control and extraordinary writs (case types AH, AL, AS, and AW), all remaining civil damage suits (NH, NI, NM, NO, NP [including asbestos cases], NS, and NZ); all criminal cases (AX, FC, FH, and FJ) and all remaining case types regarding other civil matters (PC, PD, PR, and PS).
(b) This is a mandatory e-filing project. It is presumed that all documents will be filed electronically. However, the Court recognizes that circumstances may arise that will prevent one from e-filing. To ensure that all parties retain access to the courts, parties that demonstrate good cause will be permitted to file their documents with the clerk, who will then file the documents electronically. Among the factors that the 3rd Circuit Court will consider in determining whether good cause exists to excuse a party from mandatory e-filing is a party's access to the Internet and indigency. A self-represented party is not excused from the project merely because the individual does not have counsel.
4. E-filings Submission, Acceptance and Time of Service with the Court; Signature
(a) Program participants must submit e-filings pursuant to these rules and the project's technical requirements. The clerk may, in accordance with MCR 8.119(C), reject documents submitted for filing that do not comply with MCR 2.113(C)(1), are not accompanied by the proper fees, do not conform to the technical requirements of this project, or are otherwise submitted in violation of a statute, an MCR, an LAO, or the program rules.
(b) Electronic filing is not restricted by the operating hours of the court and any document submitted at or before 11:59 p.m. of a business day is deemed filed on that business day. Any document submitted on a weekend or court holiday is deemed filed on the next business day. The clerk shall process e-filings on a first-in, first-out basis.
(c) E-filings shall be treated as if they were hand-delivered to the court for all purposes under statute, the MCR, and the LAO.
(d) A pleading, document, or instrument e-filed or electronically served under this rule shall be deemed to have been signed by the judge, court clerk, attorney, party, or declarant.
(i) Signatures submitted electronically shall use the following form: /s/ John L. Smith.
(ii) A document that requires a signature under penalty of perjury is deemed signed by the declarant if, before filing, the declarant has signed a printed form of the document.
(iii) An e-filed document that requires a signature of a notary public is deemed signed by the notary public if, before filing, the notary public has signed a printed form of the document.
(e) The original of a sworn or verified document that is an e-filing (e.g., a verified pleading) or part of an e-filing (e.g., an affidavit, notarization, or bill of costs) must be maintained by the filing attorney and made available upon reasonable request of the court, the signatory, or opposing party.
(f) Proposed orders shall be submitted to the court in accordance with the provisions of the project. The court and the clerk shall exchange the documents for review and signature pursuant to MCR 2.602(B).
(g) By electronically filing the document, the electronic filer affirms compliance with these rules.
5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge's Copies, Hearings on Motions; Fees
(a) All times for filing and serving e-filings shall be governed by the applicable statute, the MCR, and the LAO as if the e-filings were hand-delivered.
(b) The electronic submission of a motion and brief through this project satisfies the requirements of filing a judge's copy under MCR 2.119(A)(2). A judge may require that one "courtesy copy" or "chambers copy" of any dispositive motion and all accompanying exhibits, as well as responses and replies, or any motion and brief in which the motion, brief, and attachments equal 40 pages or more be submitted directly to the judge's chamber in paper format. Any exhibits must be appropriately tabbed. Good practice requires that in appropriate cases, relevant portions of lengthy documents be highlighted. A printed copy of the e-filing transmission receipt must be attached to the front of the pleading. The requirement to provide a "courtesy copy" or "chambers copy" at a judge's request shall expire on May 22, 2018.
(c) Applicable fees, including e-filing fees and service fees, shall be paid electronically through procedures established by the clerk at the same time and in the same amount as required by statute, court rule, or administrative order.
6. Service
(a) All parties shall provide the court and opposing parties with one e-mail address with the functionality required for the project. All service shall originate from and be perfected upon this e-mail address.
(b) Unless otherwise agreed to by the court and the parties, all e-filings must be served electronically to the e-mail addresses of all parties. The subject matter line for the transmittal of document served by e-mail shall state: "Service of e-filing in case [insert caption of case]."
(c) The parties and the court may agree that, instead of e-mail service, e-filings may be served to the parties (but not the court) by facsimile or by traditional means. For those choosing to accept facsimile service:
(i) the parties shall provide the court and the opposing parties with one facsimile number with appropriate functionality,
(ii) the facsimile number shall serve as the number to which service may be made,
(iii) the sender of the facsimile should obtain a confirmation of delivery, and
(iv) parties shall comply with the requirements of MCR 2.406 on the use of facsimile communication equipment.
(d) Proof of service shall be submitted to the 3rd Circuit Court according to MCR 2.107(D) and this administrative order.
(e) Service of the complaint or third party complaint must be performed in accordance with the MCR and statutes.
7. Format and Form of E-filing and Service
(a) A party may only e-file documents for one case in each transaction.
(b) All e-filings shall comply with MCR 1.109 and the technical requirements of the court's vendor and, after implementation, the vendor implementing the statewide e-filing system.
(c) Any exhibit or attachment that is part of an e-filing must be clearly designated and identified as an exhibit or attachment.
(d) All e-filings, subject to subsection 6(c) above, shall be served on the parties in the same format and form as submitted to the court.
(e) All documents filed electronically shall be in electronically generated text format (such as native portable digital format (PDF)) so that the text of the submission is searchable and taggable. Any attachments and exhibits that are not available as electronically generated text may be scanned.
(f) When a filing includes grouped documents (i.e., a motion and accompanying exhibits or attachments) each such document shall be separately bookmarked by an identifying tab.
8. Pleadings, Motions, and Documents not to be E-filed
The following documents shall not be e-filed during the project and must be filed by the traditional methods provided in the MCR and the LAO:
(a) documents to be filed under seal (pursuant to court order), and
(b) documents for case evaluation proceedings.
9. Official Court Record; Certified Copies
(a) For purposes of this project, e-filings are the official court record. An appellate record shall be certified in accordance with MCR 7.210(A)(1).
(b) Certified or true copies of e-filed documents shall be issued in the conventional manner by the clerk in compliance with the Michigan Trial Court Case File Management Standards.
(c) At the conclusion of the project, if the program does not continue in some other format, the clerk shall convert all e-filings to paper form in accordance with MCR 8.119(D)(1)(d). Participating attorneys shall provide reasonable assistance in constructing the paper record.
(d) At the conclusion of the project, the clerk shall provide for record retention and public access in a manner consistent with the instructions of the Court and the court rules.
10. Court Notices, Orders, and Judgments
At the court's discretion, the court may issue, file, and serve orders, judgments, and notices as e-filings. Pursuant to a stipulation and order, the parties may agree to accept service from the court via facsimile pursuant to the procedures set forth in Section 6(c) above.
11. Technical Malfunctions
(a) A party experiencing a technical malfunction with the party's equipment (such as format or conversion problems or inability to access the project sites), another party's equipment (such as an inoperable e-mail address), or an apparent technical malfunction of the court's equipment, software, or server shall use reasonable efforts to timely file or receive service by traditional methods and shall provide prompt notice to the court and the parties of any such malfunction.
(b) If a technical malfunction has prevented a party from timely filing, responding to, or otherwise perfecting or receiving service of an e-filing, the affected party may petition the 3rd Circuit Court for relief. Such petition shall contain an adequate proof of the technical malfunction and set forth good cause for failure to use non-electronic means to timely file or serve a document. The court shall liberally consider proof of the technical malfunction and use its discretion in determining whether such relief is warranted.
12. Privacy Considerations
(a) With respect to any e-filing, the following requirements for personal information shall apply:
(i) Social Security Numbers. Pursuant to Administrative Order No. 2006-2, full social security numbers shall not be included in e-filings. If an individual's social security number must be referenced in an e-filing, only the last four digits of that number may be used and the number specified in substantially the following format: XXX-XX-1234.
(ii) Names of Minor Children. Unless named as a party, the identity of a minor child shall not be included in e-filings. If a nonparty minor child must be mentioned, only the initials of that child's name may be used.
(iii) Dates of Birth. An individual's full birth date shall not be included in e-filings. If an individual's date of birth must be referenced in an e-filing, only the year may be used and the date specified in substantially the following format: XX/XX/1998.
(iv) Financial Account Numbers. Full financial account numbers shall not be included in e-filings unless required by statute, court rule, or other authority. If a financial account number must be referenced in an e-filing, only the last four digits of these numbers may be used and the number specified in substantially the following format: XXXXX 1234.
(v) Driver's License Numbers and State-Issued Personal Identification Card Numbers. A person's full driver's license number and state-issued personal identification number shall not be included in e-filings. If an individual's driver's license number or state-issued personal identification card number must be referenced in an e-filing, only the last four digits of that number should be used and the number specified in substantially the following format: X-XXX-XXX-XX 1-234.
(vi) Home Addresses. With the exception of a self-represented party, full home addresses shall not be included in e-filings. If an individual's home address must be referenced in an e-filing, only the city and state shall be used.
(b) Parties wishing to file a complete personal data identifier listed above may:
(i) Pursuant to and in accordance with the MCR and/or the LAO, file a motion to file a traditional paper version of the document under seal. The court, in granting the motion to file the document under seal, may still require that an e-filing that does not reveal the complete personal data identifier be filed for the public files, or
(ii) Pursuant to and in accordance with the applicable MCR and LAO, obtain a court order to file a traditional paper reference list under seal. The reference list shall contain the complete personal data identifiers and the redacted identifiers used in the e-filing. All references in the case to the redacted identifiers included in the reference list shall be construed to refer to the corresponding complete personal data identifiers. The reference list must be filed under seal, and may be amended as of right.
(c) Parties should exercise caution when filing papers that contain private or confidential information, including, but not limited to, the information covered above and listed below:
(i) Medical records, treatment and diagnosis;
(ii) Employment history;
(iii) Individual financial information;
(iv) Insurance information;
(v) Proprietary or trade secret information;
(vi) Information regarding an individual's cooperation with the government; and
(vii) Personal information regarding the victim of any criminal activity.
13. Records and Reports
The 3rd Circuit Court shall file an annual report with the Supreme Court covering the project to date by January 1 of each year (or more frequently or on another date as specified by the Court) that outlines the following:
(a) Detailed financial data that show the total amount of money collected in fees for documents filed or served under the project to date, the original projections for collections of fees, and whether the projections have been met or exceeded.
(b) Detailed financial information regarding the distribution or retention of collected fees, including the amount paid to Tyler per document and in total for the subject period, the amount retained by the court per document and in total for the period, and whether the monies retained by the court are in a separate account or commingled with other monies.
(c) A detailed itemization of all costs attributed to the project to date and a statement of whether and when each cost will recur.
(d) A detailed itemization of all cost savings to the court whether by reduced personnel or otherwise and a statement of whether any cost savings to the court are reflected in the fee structure charged to the parties.
14. Amendment
Procedural aspects of these rules may be amended upon the recommendation of the participating judges, the approval of the chief judge, and authorization by the State Court Administrator. Proposed substantive changes, including, for example, a proposed expansion of the program to permit additional case types and a proposed change in fees, must be submitted to the Supreme Court for approval.
15. Expiration This project, requiring parties to electronically file documents in cases assigned to participating judges, shall continue until further order of the Court.
*On further order of the Court, Administrative Order No. 2011-1 is amended to extend its expiration date through September 30, 2015.
Mich. Admin. Ord. Administrative Order No. 2011-1