Court Operating Rules - Court Operating Rule 27: Electronic Filing

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Court Operating Rules

		Section/Rule:	COR 27
Subject:	Court Operating Rule 27	Publication / Adopted Date:	September 1, 2011
Topic:	Electronic Filing	Revised / Effective Date:	October 1, 2019

COURT OPERATING RULE 27

27.01 Electronic Filing System
27.02 Definitions
27.03 Registration
27.04 System-Generated Legal File

27.01 Electronic Filing System

(a) The Missouri Court Automation Committee shall establish an electronic filing system.

(b)

The system shall be phased in as the committee determines and can be applied to particular courts, counties, circuits, or case types.

(c)

The presiding judge of each circuit and the chief judge of each court of appeals district shall cooperate with the committee to implement electronic filing. All other judges and staff shall cooperate and assist with the implementation of electronic filing.

27.02 Definitions

As used in this Court Operating Rule 27, the following terms mean:

(a) "Approved media," storage media for submitting attachments or exhibits that exceed approved file size limit. Approved media are:

(1) CD-R (Compact Disc-Recordable) write-once discs, and

(2) DVD-R (Digital Video Disc-Recordable/Digital Versatile Disk-Recordable) write-once discs. DVD-R discs must be created as data, not video discs.

(b) "Government attorney," a lawyer who is using the electronic filing system in his or her capacity as a lawyer for the state of Missouri or one of its political subdivisions;

(c) "Portable document format" or "PDF," a file format that allows a document to be read by a PDF reader by the court.

(d) "Registered user," an individual who has been granted login privileges to access and file in the electronic filing system and has paid any required subscription fee.

27.03 Registration

(a) The state courts administrator shall establish registration requirements for all registered users.

(b) Registered users shall be individuals - not law firms, nor agencies, nor corporations, nor other groups. The following may be registered users of the electronic filing system:

(1) Any member of The Missouri Bar who is authorized to practice law;

(2) Any lawyer admitted to the practice of law pro hac vice during the period of the lawyer's temporary admission.

(3)

Any individual at an agency authorized by the Missouri Court Automation Committee to electronically file; or

(4)

Any self-represented litigant when the statewide court automation system provides for a particular filing in a case to be electronically filed by self-represented litigants. Electronic-filing shall not be required for self-represented filers.

(c) To become a registered user, an individual must complete an online registration form to request access to the electronic filing system and accept the conditions of electronic filing. If the person is approved as a registered user to access the electronic filing system, the person shall be granted login privileges. A lawyer may register to use multiple logins, but a separate fee shall be paid for each login, if applicable.

(d) Conditions of electronic filing. To access the electronic filing system, each person must comply with and acknowledge the following conditions:

(1)

Pay any required subscription fee;

(2)

Electronically furnish and maintain registration information;

(3)

Maintain an email address at which the registered user agrees to accept service through the electronic filing system and other notices;

(4)

Ensure that the login is used only by the registered user to whom it is assigned and by non-attorney agents and employees as the registered user may authorize. No registered user shall knowingly permit his or her login to be used by anyone other than his or her authorized agents and employees. A government attorney whose subscription fee has been waived shall use that login for governmental purposes;

(5)

Furnish required information for case processing; and

(6)

Such other conditions that may be established by the state courts administrator.

(e) Any registered user who violates any conditions of use or takes any action intending to harm the electronic filing system in any manner, alter electronic documents or information stored in the system, or make any unauthorized use of the system commits misuse. Misuse of the electronic filing system may result in loss of a user's registration and subject the registered user to any other applicable penalty.

27.04 System-Generated Legal File

(a) The state courts administrator shall provide in the electronic filing system for the creation of a system-generated legal file. The system shall allow registered users to designate documents in the trial court record for inclusion in the legal file and a legal file index. That index, which shall be filed with the appellate court, shall contain hyperlinks to the designated trial court documents.

(b) After a notice of appeal is filed, the trial court record that existed before the notice was filed shall not be altered without leave of the appellate court.

(Adopted Jan. 27, 2011; eff. Sept. 1, 2011; June 30, 2017, eff. Jan. 1. 2018; Oct. 1, 2019; eff. Oct. 1, 2019.)