Friday, January 25, 2013

With E-Filing Increasing in Trial Courts, Legislatures Consider How Clerks Are to Create a Record on Appeal

Cross posted from the NCSC Gavel to Gavel blog


By Bill Raftery, NCSC

The advent of technology often requires revision to existing policies. The increased use of efiling in state trial courts is no exception. Often the solution can be found in the judiciary’s power to alter its rules of procedure or practice, but there are the occasional statutory impediments.

Oregon and Virginia are among the states looking at the subject this year. Oregon HB 2562 modifies existing laws on the filing of a transcript on appeal to allow for filing of an electronic, rather than a paper, version. Meanwhile Virginia HB 1654 would require a clerk of circuit court (the state’s general jurisdiction court) with an established electronic filing system to provide any appellate court the trial court record in electronic form. Both are pending in their respective chambers.

Louisiana in 2012 (HB 112) changed that state’s laws to allow for depositions made a part of a record on appeal to be attached in a reduced format or in an electronic format approved by the court.

In 2011, Nebraska’s LB 17 changed the law regarding what constitutes the “complete record” to include “those things maintained in the state’s electronic case management system.”

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