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Back Story: Are You Ready for February 1, 2010?

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december 2009
NeVAdA LAWYer
BACK
STORY
ARE YOU READY FOR FEBRUARY 1, 2010?
bY rIcHArd VILKIN, eSQ.
file on that day.” EDCR 8.0(b). However, this escape clause does not appear to apply to situations where a document is rejected because the practitioner fails to sign a document or the filer’s credit card company fails to approve the filing fee. More significantly, the rules provide that even when the court system is down and cannot accept documents, the escape clause “does not apply to the complaint or other filing that initiates an action or proceeding; that is, it does not extend the time within which an action or proceeding must be filed.” EDCR 8.0(c). . What to do when your computer crashes. You can always take a hard-copy of the document to the clerk’s office, which will maintain kiosks that allow for e-filing. However, these e-filings must still be made during business hours for the clerk’s office. 5. Separate your exhibits. Although there is no page limit for each exhibit, they must be uploaded and labeled separately, to allow the judge to go right to it. . Court orders require special handling. Unsigned court orders need to be hand-delivered to the department and, after they are signed, e-filed and served by the practitioner. But check with the department – some may allow e-submission of unsigned orders. Practitioners will be responsible for picking up the original signed orders from the departments and e-filing and serving them. 7. Courtesy copies are still needed. E-filing will not eliminate the need for courtesy copies. Can you e-submit a courtesy copy directly to the department? Or does it need to be hand-delivered to the department’s in-box? Court officials say this will be a matter of discretion with each department. The Discovery Commissioner’s Office says hard courtesy copies will still be required of all documents it needs. 8. Track your fees. In addition to the traditional statutory filing fees (which may be mailed with a postmark no later than the next business day after e-filing), each document that is e-filed is subject to an additional $ fee, as well as $ for e-service, and $0 for e-filing and e-service. Court officials say these are recoverable costs. The system allows for tracking of fees by each case and other criteria. 9. Use traditional filing for ADR. Documents destined for the ADR office may not be e-filed. They must still be physically delivered or mailed to the ADR office.
RIcHARd vILKIN practices as a litigator for his own office, the Law Offices of Richard Vilkin, P .C. in Henderson. He practiced in California for 17 years, before moving to Nevada in 2002. He is a former journalist with The National Law Journal and Legal Times of Washington.
For litigators in Clark County who survived YK a decade ago, there now looms another galactic computer threat – mandatory e-filing, ordered by the court to begin February , 00. Actually, court officials say there is nothing to fear – the new system is simple and will provide all sorts of benefits and increased efficiency. And the court has been busy training thousands of lawyers and staff in recent months. Nevertheless, there are some things every practitioner should keep in mind. . Sign your documents. “The No.  reason documents are rejected is the failure to sign them,” says Narita Caldwell, Legal Department Supervisor of the Eighth Judicial District. In e-filing, there are two methods to sign a document. An actual attorney signature can be placed on the document before it is scanned and uploaded during the e-filing process. Or, after the original of a document is actually signed, a “/s/” can be placed on the signature line of a duplicate of the signature page with the name typed next to it. This document can then be e-filed. These signing techniques can also be used for affiants, declarants and notaries. Any party may then demand production of the original signed document, and it must be produced for inspection and copying within five days of service of the demand. EDCR 8.07. . Service is not automatic. The court order requiring mandatory e-filing does not require e-service. Documents which are e-filed must be served under traditional methods (e.g., mailing, ROC) and a Certificate of Mailing or ROC e-filed. However, if all parties “consent” in writing to e-service through the court system, e-mail addresses can be input and e-service directed at the time of e-filing. Non-filed documents like letters can also then be disseminated through the court’s system, and such documents bypass the court, so they cannot be read by court personnel. . Watch your deadlines. Filing a document electronically does not extend any filing deadline. EDCR 8.0(d). Any document for which the e-filing process is begun before midnight will be considered filed that same day if it is eventually accepted by the court, even though the online processing by the court may stretch into the next day or, in the case of holidays and weekends, more than one day later. EDCR 8.0. But what if the document is eventually rejected by the court? The rules provide that where the court system precluded the court from accepting electronic filings on a particular day, “the court must deem a filing received on the day when the filer can satisfactorily demonstrate that he or she attempted to
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