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Electronic
Services
Procedures and Technical Standards
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I. General Provisions
A. Scope/Authority – These
amended procedures and technical standards have been issued by the
Honorable Joseph H. Pellegrino, Chief Court Administrator, to become
effective on January 27, 2006. They apply to all electronic services
offered by the Judicial Branch. Specific procedures that apply to
Facsimile Filing, e-filing, and short calendar markings are set forth
in subsequent sections of these procedures and technical standards.
B. Technical/System Requirements
– The hardware and software requirements for participation in
E-Services are as follows:
- A personal computer with a 128-bit
encryption version of Microsoft Internet Explorer® version 5.01 of
higher;
- Internet access (DSL or high speed
Internet access is suggested for Civil e-filing); and
- Adobe Acrobat® Reader ® 5.0 or
higher.
It is the users’ responsibility to review
the Minimum Browser Requirements for Electronic Services to determine if
their browser is compatible with the Judicial Branch’s security
requirements and to access links allowing users, without costs, to
upgrade their browsers or download a high-security browser.
Note: Microsoft Internet Explorer® is
a trademark of Microsoft Corporation, and Adobe Acrobat® Reader ® is a trademark of Adobe
Systems Incorporated.
C. Enrollment and Passwords –
Only attorneys registered with the Statewide Grievance Committee and
law firms which have obtained a law firm juris number may
enroll and
obtain a secure password that will enable them to access and complete
certain business transactions electronically with the Superior Court.
In order to ensure an attorney/law firm’s authentication as the valid
user of a juris number, a password will be issued to attorneys and law
firms upon enrollment in E-Services. As a part of that enrollment
process, the enrolling attorney or law firm will be asked to select a
secret question and answer to be used for authentication purposes. The
initial password will be mailed to the enrolling attorney at the
office address that is registered with the Statewide Grievance
Committee and to the enrolling law firm at the address of record with
its firm juris number.
It is the responsibility of the
attorneys and law firms to protect their password and security
information from any unauthorized use. Therefore, any electronic
transactions transmitted shall be presumed to have been authorized by
the attorney and/or law firm whose juris number and password were used
to conduct the electronic transaction on the Judicial Branch web site.
Note: Use of the electronic filing
system is limited to enrolled attorneys and law firms and the employees
of the law office under the supervision of an enrolled attorney.
If an attorney or law firm believes
that their security information and password have been compromised or
are being used by unauthorized individuals, the attorney or law firm
must immediately contact the Branch IT Division HelpDesk at
(860)-282-6555 or at
HelpDesk@jud.ct.gov.
The Office of the Chief Court
Administrator reserves the right to suspend any password and terminate
the access of any attorney who, or law firm which, in the opinion of
the Branch, misused any electronic services.
D. Signatures – A document that
is submitted electronically through the e-filing system or that is
submitted electronically through facsimile must be signed by the
attorney submitting the document as follows:
1.
For any document
electronically filed in the e-filing system, entry in the
e-filing system of the individual juris number of the attorney who
electronically filed the document shall constitute the signature of
the attorney for the purposes of both Section 4-2 and Section 10-14 of
the Practice Book.
2. For any document that is filed by
facsimile, the attorney shall include the individual juris number,
typed name, a facsimile of an actual signature, or a pen-to-paper
signature on the signature lines of the document prior faxing the
document to court. The placement, on the signature lines, of such
individual juris number, typed name, facsimile of an actual signature,
or pen-to-paper signature shall constitute the signature of that
attorney for the purposes of both Section 4-2 and Section 10-14 of the
Practice Book.
Note: Requirements regarding
affidavits and other documents requiring an oath or affirmation as well
as certain other documents are discussed in the sections on Electronic
Filing (e-filing) and Facsimile Filing that follow.
E. Official file – Until further
notice, the paper file is the official file. Any document submitted
electronically through e-filing will be printed out on paper and
retained in paper format along with documents filed on paper or by
facsimile.
At some point in the future, all
documents will be retained electronically regardless of how they are
filed. The electronic image that resides in the court’s electronic
filing database, whether filed electronically or filed in paper format
and scanned into an electronic image and placed in the electronic file
by the clerk, will be deemed to be the original. At that time, the
electronic file will be the official court file.
F. System Availability - In
general, electronic services are available from 6:30 AM through 4:00
AM. The hours between 4:00 AM and 6:30 AM are used for system
maintenance and updating. There is also a possibility that the system
would be offline on the first and third Saturdays of the month between
9:00 AM and 3:00 PM for routine system maintenance. If the system
requires a scheduled outage, the Judicial Branch will make every
effort to issue a prior announcement on the Branch’s web site. In the
event of such an outage, it is the Branch’s business continuity policy
that parties, attorneys, and law firms conduct business with the
courts in accordance with the Connecticut Practice Book or other court
orders.
A document that is electronically
received by the clerk’s office for filing after 5:00 PM on a day on
which the clerk’s office is open or that is electronically received by
the clerk’s office for filing at any time on a day on which the clerk’s
office is closed shall be deemed filed on the next business day on which
such office is open.
The hours for submitting short calendar
markings online or by facsimile are governed by the
Civil or
Family
Short Calendar Standing Order.
G. Security – The Judicial
Branch has adopted encrypted security and firewall protective measures
to safeguard information transmitted through electronic transactions
from loss, misuse, or alteration from outside influences. The use of
security software and a security certificate on the Branch’s web site
establishes a direct Secure Sockets Layer (SSL) connection between the
attorney/law firm’s computer and the Electronic Services section of
the Branch’s web site. This connection automatically encrypts the
transaction and prevents others from viewing the transaction.
H. Retention and Destruction of
Files and Records – The provisions of Practice Book Sections 7-10
through 7-16 concerning the retention and destruction of court files
are applicable to electronic files and records.
I. Modifications to standards and
procedures – The Judicial Branch reserves the right to add to,
modify, or delete any section of these procedures and technical
standards, including but not limited to the electronic transactions,
at any time without notice. Additionally, these procedures and
technical standards will be updated as necessary to incorporate any
changes or additions to the available electronic services. It is,
therefore, suggested that attorneys and law firms review these
procedures and technical standards periodically. Accessing electronic
services after any additions, modifications, or deletions have been
made will constitute the acceptance of such changes on the part of the
user.
J. Privacy Policy – The Judicial
Branch has a posted PRIVACY POLICY which should be reviewed.
K. Disclaimer – The Judicial
Branch has posted a DISCLAIMER which should be reviewed.
L. Proprietary Rights – The
State of Connecticut Judicial Branch web site is owned and operated by
the Branch. All contents of the site, including but not limited to
intellectual property, text, graphics, and other images, are the
property of the Branch and are protected by U.S. copyright laws. This
web site is presented solely as a public service.
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II.
Electronic Filing (e-filing)
A. Scope – Pursuant to Section
4-4 of the Connecticut Practice Book, the following procedures are
established by the Office of the Chief Court Administrator for the
filing of motions, pleading, or other documents by electronic means
through the e-filing system. These procedures shall apply to all
case
types that are established as e-filable by the Judicial Branch. All
attorneys and law firms that are enrolled for E-Services may
electronically file motions, pleadings, and other documents and
electronically access certain case information through the use of the
enrolled juris number and secure password.
Note: At this time, pro se parties may
not electronically file with the court or view documents electronically
in their cases from remote locations, although it is the intent of the
Judicial Branch to provide pro se litigants with these capabilities in
the future when the technology to do so is in place.
B. Specific types of documents –
Except as otherwise provided in these procedures, any document filed
with the court by an attorney may be filed electronically.
1. Case Initiation – After the service
of a signed writ of summons and complaint, an attorney may
electronically file a true copy of such documents and the return of
service with the clerk. The filer shall retain the signed original
paper documents throughout the pendency of the action, any appeal
period, and any applicable appellate process.
2. Lodged/Sealed Documents – Records
that are required to be lodged with the clerk pursuant to Practice
Book Sections 7-4B and 7-4C and any document that is sealed or for
which sealing is requested shall not be filed electronically, but must
be filed in paper format.
Note: It shall be the responsibility
of each attorney who files any document electronically or in paper
format and of each pro se party who files any document in paper format,
to omit from such filing any confidential or otherwise privileged
information unless the inclusion of such information is required by law,
requested on a particular Judicial Branch form, or otherwise ordered by
the Judicial Authority.
3. Documents requiring oath/affirmation
or returns of service – Returns of service and documents that require
an oath or affirmation may, if signed and fully executed in writing,
be scanned by an attorney into an electronic image and filed
electronically with the clerk or may be filed with the clerk in paper
format. If such a document is filed with the clerk in paper format,
the clerk shall scan such document into an electronic image, place it
into the electronic file, and return the original paper document to
the filing party. The filing party shall retain such original paper
documentation throughout the pendency of the action, any appeal
period, and any applicable appellate process.
Note: Clerks will have the ability to
scan case initiation documents into an electronic image but will not
have the ability to scan all documents (e.g. affidavits, motions, and
pleadings) into an electronic image on the effective date of these
procedures. Until they have this ability, documents filed with the clerk
in paper format shall be retained in that format as part of the court
file and any provision of these procedure to the contrary shall not be
applied.
C. Filing Date/Confirmation of
Filing – An electronically transmitted document shall be deemed
filed when it is received by the clerk’s office during the normal
hours of operation of the office. A document that is received outside
of the normal business hours, including a day on which the clerk’s
office is closed, shall be deemed filed on the next business day upon
which such office is open. The time that a document is submitted and
the time that such document is filed shall be recorded in the
electronic filing database and shall be directly associated with the
specific document. Confirmation of the date and time of an electronic
transaction and of the filing date of the document filed
electronically shall be transmitted electronically to the filer. The
filer of the document should print out or electronically copy and
retain such confirmation throughout the pendency of the action, any
appeal period, and any applicable appellate process.
D. Corrective measures in E-Filing
- Clerk’s office staff have the ability to perform either document
substitution on attorney e-filed documents or repair on clerk scanned
documents or move documents on either attorney e-filed documents or
clerk scanned documents. The specific procedures are as follows.
1. Substitution
Where a technical problem (i.e.
readability and/or legibility errors) exists with a document e-filed
by an attorney, the attorney may seek a substitution of the document
by way of a written Motion to Substitute. The “Proposed Document for
Substitution” must be appended to a Motion to Substitute. The motion
will be taken on the papers, but it will print on a calendar to
allow other parties an opportunity to object to the granting of the
motion. If the Motion to Substitute is granted, the “Proposed
Document for Substitution” will replace the document that was
unreadable or illegible. The clerk will certify the substituted
document in accordance with Practice Book Section 7-8. The e-filing
system will retain as viewable the originally-filed document for
those who have access to the electronic file and a notice of the
substitution will be provided to all appearing parties by means of a
judicial notice. The originally-filed document is not available for
reclaim or ruling.
2. Repair
Where a document originally scanned
by court staff fails to reflect the original paper document, clerks
may "repair" that document so that the scanned image accurately
reflects the original paper document. When such a document is
brought to the attention of the clerk, the clerk will obtain a court
order allowing for the repair. Upon receipt of the court order, the
clerk will repair the document. The e-filing system will retain as
viewable the original document for those who have access to the
electronic file, and a notice of the repair will be provided to all
appearing parties by means of a judicial notice. The original
document is not available for reclaim or ruling.
3. Move Document
When a document originally scanned by
court staff or electronically filed by an attorney is misfiled into
the wrong file, clerks will be able to "move" the document. If the
misfiling is done by an attorney, a Motion to Move that contains an
explanation of the misfiling and a request for the moving of the
document from the incorrect file to the correct file must be filed
by the attorney. The Motion to Move will print on a calendar to
allow for an opportunity to object. If Motion to Move is granted,
the clerk will move the document. The e-filing system will retain as
viewable the originally-filed document for those who have access to
the electronic file and a notice of the move will be provided to all
appearing parties in both the original incorrect case and in the
correct case by means of a judicial notice. A note will be displayed
in the original case of the docket number and entry number to which
the document was moved. When the misfiling of a document by court
staff is brought to the attention of the clerk, the clerk will
obtain a court order allowing the moving of the document to the
correct file. Upon receipt of the court order, the clerk will file
the document in the correct file. The e-filing system will retain as
viewable the originally-filed document for those who have access to
the electronic file and a notice of the move will be provided to all
appearing parties in both the original incorrect case and in the
correct case by means of a judicial notice. A note will be displayed
in the original case of the docket number and entry number to which
the document was moved. The following documents cannot be moved:
Documents that are system-populated Judicial Branch forms, documents
that are sealed, documents that are in the process of being
repaired, and documents that have been substituted.
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III. Online short
calendar markings and facsimile short calendar
markings
A. Scope – Short calendar
markings are governed by the
Civil or
Family Short Calendar Standing
Orders. Those standing orders govern the time within which markings
must be made and the information that must be provided by the person
marking the matters.
B. Availability of marking methods
– All attorneys, law firms, and pro se parties may mark a matter by
fax; however, only attorneys and law firms enrolled in E-Services may
mark civil and family short calendar matters online.
C. Form/Requirements –
Regardless of the manner of transmittal, attorneys, law firms, and pro
se parties are required to provide the following information when
submitting a marking:
- Column number and position on the
calendar,
- Name and docket number of the case,
- Number and title of the motion,
- Marking,
- Full name of the person making the
marking and the firm name, if applicable, and
- Confirmation that all counsel and
pro se parties of record have been notified of the marking.
D. Notification/Confirmation –
Counsel and pro se parties shall bring the confirmation of the marking
online or by fax to the short calendar hearing of an arguable matter.
This confirmation may be in the form of a copy of the faxed document
and a transmittal confirmation sheet or a Short Calendar Markings
Confirmation and Receipt produced upon completion of the online
electronic Short Calendar Markings Entry transaction.
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IV.
Facsimile Filing
A. Scope - Pursuant to Section
4-4 of the Connecticut Practice Book, the following procedures are
established by the Office of the Chief Court Administrator for the
filing of motions, pleadings, or other documents by electronic means
through facsimile filing.
B. Form/Page limits - Except for
short calendar markings, any pleading, document, or other paper filed
by facsimile transmission shall be accompanied by a
Facsimile
Transmission Cover Sheet (JD-CL-73) prescribed by the Office of the
Chief Court Administrator. Such filings may not exceed twenty pages,
including the cover sheet, unless otherwise directed by the court.
C. Original document/Certification
– The facsimile transmission received by the clerk shall be deemed the
original. A facsimile transmission of a signed pleading, document, or
other paper shall be considered signed for purposes of Section 4-2 and
Section 10-14 of the Practice Book. The attorney or party shall retain
the signed copy of the pleading, document, or other paper during the
pendency of the action, any appeal period, and any applicable
appellate process. The signed copy retained by the filer shall contain
a certification signed by the filer indicating that the document is a
true copy of the document that was transmitted by facsimile to the
clerk. The filer shall produce the signed copy upon request of the
Court. If the filer fails to produce the document, the Court may take
any action and impose any sanction it deems appropriate.
D. Specific Types of Documents –
Except as otherwise provided in these procedures, any pleading,
document, or other paper to be filed with the court may be filed by
facsimile transmission.
- Documents requiring oath/affirmation
- Documents that require an oath or affirmation may, if signed and
fully executed in writing, be submitted by facsimile. The filing
party shall retain the original paper documents throughout the
pendency of the action, any appeal period, and any applicable
appellate process.
- The following may not be filed by
facsimile:
- Any pleading, document, or other
paper that commences an action,
- any filings that must be
accompanied by any fee or other payment,
- criminal summonses and complaints,
- Uniform Arrest Reports, arrest
reports, bond forms and seized property inventories, and
- Requests, applications, petitions,
and other documents pertaining to restraining orders
E. Filing date/Confirmation –
Facsimile filings shall be complete upon the receipt of the entire
document by the clerk’s office. Facsimile transmissions received by
the clerk’s office during the normal hours of operation of the office
shall be deemed filed that day. A document that is received outside of
the normal business hours, including a day on which the clerk’s office
is closed, shall be deemed filed on the next business day upon which
such office is open. The date of filing shall be as recorded on the
document by the clerk. The filer must cause the transmitting facsimile
machine to print a transmission record which shall be retained by such
filer for each transmission. If the facsimile document is not filed
with the court as set forth herein because of an error in transmission
unknown to the sender or because of a failure to process the facsimile
document when received by the court, the filer may move for an order
to allow the filing of the document as deemed appropriate by the
court. This motion shall be accompanied by the transmission record, a
copy of the document transmitted, and an affidavit of transmission.
F. Failure to comply with standards
and procedures – If a document exceeds the page limit, is
incomplete as transmitted, is faxed to the incorrect court, or is
otherwise not in compliance with the requirement of this section, the
clerk shall not file the transmitted document but shall destroy it and
return the cover sheet to or otherwise notify the sender as to why the
document was not filed.
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