Electronic filing, or e-filing, is the process by which you can file court documents electronically over the internet rather than filing traditional paper documents. In order to e-file, you have to convert your documents to electronic files, either by scanning them to PDF format or by “printing” them to PDF format (e.g., composing a document in Microsoft Word and converting the document to PDF format, as opposed to printing it out and scanning it).
E-filing is a hassle when you first begin doing it. Once you figure it out and get used to it, it’s the greatest thing since sliced bread. I predict the whole world will be e-filing within five years. Once you’ve e-filed, the old-fashioned paper way seems archaic and slow.
Many, but not all, of the state district courts in Texas allow e-filing. The problem is that it’s not required. So, if your opposing counsel isn’t registered in the system, you still have to serve him or her in the old fashioned manner. However, if opposing counsel is registered, you can effect service through the system, i.e., via email. This could potentially save you and your clients significant money in mailing expenses. It also can save you from missing deadlines: you can e-file up until midnight instead of having to rush a paper copy to the court at 4:55 p.m.
The Federal Court in the Southern District of Texas has been threatening to require electronic filing of court documents for over a year. On January 1, 2007, they issued a document entitled “Administrative Procedures for Electronic Filing in Civil and Criminal Cases” which sets out their requirements and procedures. They ostensibly require all lawyers practicing before their courts to participate in e-filing. However, they don’t seem to be enforcing that rule yet, which can lead to confusion when filing documents and trying to serve the opposition.
