Throughout time, discoveries are made, technology is advanced and some inventions change our lives forever. From the automobile to the TV to the internet to beepers. Well maybe not the latter, but you get the idea with the first three examples. On April 1, 2013, the legal industry for attorneys, process servers, paralegals, judges, clerks, and any related positions in the legal field changed forever. You know what comes next right, “April Fool’s!” Oh but, no, this is the truth we speak, the legal industry in the State of Florida has changed forever. Everyone, welcome to e-filing.
The Florida Supreme Court mandated an e-filing directive to start immediately April 1, 2013. SC Opinion 11-399 makes it mandatory for all attorneys practicing in the State of Florida to e-file initial service of process and subsequent pleadings for the following divisions: Probate, Guardianship and Mental Health, Family Law, County and Circuit Civil. The mandate is a necessary move in order for the Courts to achieve a paperless court docket. So, what does this mean, what changes can we expect and how does it affect service of process?
Prior to e-filing, attorneys would prepare documents to be taken to the Clerk to open new cases. Either the attorney, their assistant/paralegal or a process server/courier would take the new case to the clerk to open the case, assign case number, process payment and for issuance of the summons(es). Now, attorneys are not allowed to walk into a courthouse and file a new case and no one is allowed to do so either on the attorney’s behalf. Attorneys must submit paperwork electronically through a statewide portal (www.myflcourtaccess.com). Once they submit the documents, the Clerk will process and email documents back to the attorney with an issued summons and a case number.
At this point, the attorney will then email the service documents to the process serving company so the process servers can start attempting service. After service has been made, an Affidavit needs to be created. Currently, most process serving companies will create the affidavit, print it, have the server sign it and the process serving company will mail the affidavit back to the client or drop it off at their office. At this point, the attorney or paralegal will need to scan the affidavit and submit the copy electronically through the portal. We live in a time sensitive environment and that is too much time from the when the paper was served to the point when the attorney receives the signed affidavit. Time is money, so here are two words that will solve all of your problems: Accurate Serve.
Accurate Serve prides itself on staying ahead of the curve in regards to technology. We have the software to add electronic signatures to our process serving database. So, we offer real time, instantaneous signed affidavits that can be submitted to the clerk via the statewide portal. Once our process servers serve an individual or business, they contact the office with the details. We update the system and generate an affidavit with that server’s signature. Within five minutes of service, you can proof of service in the court file. Say it with me, “Wow!!”
Now, while e-filing is new in State Courts, the Federal Court system has been e-filing for quite some time. In 2001, U.S. Bankruptcy Court led the way. Following soon was U.S. District Court in 2002 and Appellate Court in 2004. Most of the feedback from e-filing has been positive. Attorneys like the fact that they can e-file a case from their home or from their office, in their state or another one. E-filing eliminates costly postage and overnight deliveries. E-filing saves time and money printing documents at the office and having them delivered to the courthouse.
The Federal courts paved the way for SC Opinion 11-399. In our technology driven world, e-filing is a necessary step in eliminating old, large bulky case files and allowing the courts to achieve a paperless court docket. With such advances in technology, you need to stay ahead of the curve. Accurate Serve has the technology and information to assist you in this modern world.
Beau Charlet is the Founder of Accurate Serve. With offices in Lakeland, Tampa, Jacksonville and Tallahassee, Accurate Serve is the premier leader of service of process. You can contact Beau and Accurate Serve at 863-873-6691 or 813-644-9368. Additional information can be found on website, www.accurateservefl.com and email us any time at [email protected]
