Rule 10.2 - eFile administrative procedures(1)Registration and fees for eFiling(a) Registration. -Any person intending to use eFile must register with LexisNexis File & Serve at www.lexisnexis.com/fileandserve.(b) Filing fees. -There are several parts to the fee structure for eFiling. These will be billed by LexisNexis using the billing arrangements established through the LexisNexis registration process. The parts are:(i) The routine filing fee (See generally Rule 20).(ii) A technology fee of $1.50 per document (Rule 10.1).(iii) LexisNexis File & Serve fees.(iv) Pro Hac Vice fees (Rule 71).(2)Minimum Technical RequirementsThe minimum technical requirements for eFilings are available online at www.lexisnexis.com/fileandserve
(3)Documents which must be electronically filed; ExceptionsEach document which must be filed in a case subject to eFiling under the Rules shall be eFiled unless otherwise ordered by the Court. A party to a case who is not represented by an attorney may file and serve all documents on paper or may register with LexisNexis File & Serve to file and/or serve documents electronically. If paper is delivered to the Court for docketing in cases subject to electronic filing, the Clerk will electronically upload such document(s) to LexisNexis File & Serve. For purposes of Rule 10(d) the electronic version of any document filed with the Clerk shall constitute the original. Any participant eFiling any brief, including supplemental briefs, shall deliver to the Clerk by the next business day the number of copies otherwise required by Rule 10(d). The cover page must indicate "COPY" and include the ID number associated with the electronically filed document(s). Any participant eFiling a document shall file the other paper copies described in Rule 10(d) only upon the request of the Court.
(4)Form of Documents Electronically filed(a) Format. -Each electronically filed document shall be filed in Word, WordPerfect, TIFF or PDF format. To the extent practicable it shall be formatted in accordance with the applicable rules governing formatting of paper documents, and in such other and further format as the Clerk may require from time to time. (i) eFile will automatically convert any Word, WordPerfect or TIFF file to .PDF format, but the original format will also be available for downloading.(ii) The official record of the court is the .PDF version.(b) Title of Documents. -The title of each electronically filed document shall include: (i) Party or parties filing the document,(ii) Descriptive title of the document,(iii) Party or parties against whom relief, if any, is sought, and(iv) Nature of the relief sought (e.g., Defendant ABC Corporation's Motion to Affirm).(c) Signature. - (i) Each electronically filed document shall be deemed to have been signed by the attorney or party not represented by an attorney authorizing such filing, and shall bear a facsimile or typographical signature of such person, e.g., "/s/ Adam Attorney." Each document eFiled by or on behalf of a party shall also include the typed name, address, telephone number of the attorney or unrepresented party filing such document. Attorneys shall include their Delaware bar number.(ii) Each electronically filed declaration and affidavit shall be deemed to have been signed by the declarant or affiant if an attorney or party not represented by an attorney has authorized such filing. The original affidavit or declaration filed or served electronically, shall be maintained by the party filing the affidavit during the pendency of the appeal, and shall be made available, upon reasonable notice, for inspection by other counsel, the Clerk or the Court.(d) Filing Related Documents. - All electronically filed documents relating to a single pleading or paper shall be "electronically stapled" using the "main" and "supporting" functionality of the eFiling system. In this way, multiple related documents, although filed separately, are linked logically together and identified as a single transaction.
(5)Sealed Documents(a) Documents filed under seal MUST be formatted with a footer stating the following: THIS DOCUMENT IS CONFIDENTIAL AND FILED UNDER SEAL. REVIEW AND ACCESS TO THIS DOCUMENT IS PROHIBITED EXCEPT BY PRIOR COURT ORDER
This footer must appear on every page of the document. Additionally, the first page or cover page of the document must be in the following format:
| IN THE SUPREME COURT OF THE STATE OF DELAWARE |
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| [name of first appellant], | : |
| v. | : | No. [...............................] |
| [name of first appellee]. | : |
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| YOU ARE IN POSSESSION OF A DOCUMENT FILED IN THE SUPREME COURT OF DELAWARE THAT IS CONFIDENTIAL AND FILED UNDER SEAL. |
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| If you are not authorized by court order to view or retrieve this document, read no further on this page. You should contact the following person: |
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| [filing attorney's name] |
| [firm name of filing attorney] |
| [address of filing party] |
| [telephone number of filing party] |
|
No other information should appear on the cover page.
(b) The filing details and document title will appear in the LexisNexis system. The document can be viewed only by the Court, the filer, and those case participants who received service of that particular document. A participant that was not served with the document can see only the document title in the case details, however, that participant is not able to open or view the document.(c) Public versions of sealed documents shall be filed in accordance with Rule 9.(6)Time of eFiling and Service(a) Except for notices of appeal, all electronic filings in nonexpedited cases must be completed by 5:00 p.m. Eastern Time in order to be considered timely filed that day. All notices of appeal and electronic filings in expedited cases must be completed before midnight Eastern Time in order to be considered timely filed that day.(b) An eFiled document is deemed served only upon selection of participants to be served and submission according to the File & Serve procedures. Participants shall make service of all eFiled documents upon all participants capable of receiving online service through the LexisNexis File & Serve system. Participants unable to receive online service of eFiled documents through the LexisNexis File & Serve system may also be served via U.S. Mail from the LexisNexis File & Serve system. The associated filing receipt will list the participants selected for service and give proof of date, time and method of service. No other certificate of proof of service shall be required for eFiled documents.(c) Participants that do not exercise the U.S. Mail option in the aforementioned 10.2(6)(b) and/or parties who are not listed on the associated filing receipt listing the participants selected for service shall be served a paper copy of any electronically filed pleading or other document. Service of such paper copy shall be made by the filing party in accordance with Rule 10(b).(d) Participants using the File & Serve system and who receive online service via the File & Serve system, may set an e-mail notification preference so that he or she will receive an e-mail notification that a document(s) has been served and is available for viewing in his or her File & Serve Online Inbox. The e-mail notification feature does not constitute Service on the File & Serve subscriber and is provided by File & Serve solely as a convenience. Whether or not a participant sets an e-mail notification preference, it is the responsibility of the participant using the File & Serve system to check his or her File & Serve Online Inbox to view eFiled and served documents.(7)Public Access to the DocketThe Clerk shall make a Public Access Terminal available to the general public to allow access to the Court's electronic case record in all eFiled cases. Copies made from the Court's electronic case records shall be printed by the Clerk's Office and copying fees will be charged in accordance with Rule 20.
(8)Related eFile InformationeFile instructions and practice guides are available on the LexisNexis File & Serve Web Site www.lexisnexis.com/fileandserve. Once users are logged into LexisNexis File & Serve they may click the "support"? link within the application to access further information.
(9)Privacy IssuesEasy access to electronic documents raises many privacy issues. eFile users must be sensitive to confidential and personal information not filed under seal. Parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents filed with the court, including exhibits thereto, unless otherwise ordered by the Court.
(a)Social Security Numbers. -If an individual's social security number must be included in a document, only the last four digits of that number should be used.(b)Names of minor children. -If the involvement of a minor child must be mentioned, only the initials of that child should be used.(c)Dates of birth. -If an individual's date of birth must be included in a document, only the year should be used.(d)Financial account numbers. -If financial account numbers are relevant, only the last four digits of these numbers should be used. In addition, exercise caution when filing documents that contain the following:
(i) Personal identifying number, such as a driver's license number(ii) Medical Records, treatment and diagnosis(iv) Individual Financial Information(v) Proprietary or Trade Secret Information It is the sole responsibility of counsel and the parties to be sure that all pleadings comply with the rules of this court requiring redaction of personal identifiers. The Clerk will not review each pleading for redaction.
(10)System or User Filing ErrorsIf the electronic filing is not filed with the Clerk or served because of (1) an error in the transmission of the document to LexisNexis which was unknown to the sending participant, or (2) a failure to process the electronic filing when received by LexisNexis, or (3) rejection by the Clerk, or (4) other technical problems experienced by the filer, the Court may upon satisfactory proof enter an order permitting the document to be filed or served nunc pro tunc to the date it was first attempted to be sent electronically.
(11)Obligation of Registered eFile Users to Maintain Proper Delivery Information(a) Participants who register to use the File & Serve system shall notify LexisNexis within 10-days of any change in firm name, delivery address, fax number or e-mail address.(b) Participants who have set an e-mail notification preference are solely responsible for providing an accurate, up-to-date e-mail address and for ensuring that the e-mail account is set up properly to receive e-mail notifications.Adopted effective 10/24/2005. Documents in any appeal commenced before the effective date of Rule 10.1 shall continue to be filed conventionally unless the case is designated as an eFile case by the Court.Amended effective 4/25/2006; effective 8/19/2011; amended effective 6/3/2013; amended August 19, 2016, effective 10/3/2016; amended August 22, 2018, effective 9/14/2018.By Supreme Court order effective January 1, 2009, any document filed by a clerk of the Family Court in a case subject to electronic filing in the Supreme Court shall be eFiled.