Rule 68. Electronic Filing and Electronic Service
Effective July 1, 2016
A. User Agreement Required.
Every User must execute a User Agreement with one or more Electronic Filing Service Provider(s) before that User may utilize the IEFS.
B. [Reserved]
C. Electronic Filing of Documents.
(1) Unless otherwise permitted by these rules, all documents submitted for filing in the Indiana Supreme Court or Court of Appeals by an attorney must be filed electronically using the IEFS. The E-Filing of documents shall be controlled by the case number in the IEFS designated by the User.
(2) Attorneys who wish to be exempted from the requirement that they file electronically may file a motion for electronic filing exemption. The motion must be filed in each pending case to which these rules are applicable. The motion will be granted only upon a showing of good cause.
D. Proof of Filing.
Users should print or otherwise save each Notice of Electronic Filing as proof of E-Filing. Confirmation of E-Filing may also be made by referring to the Chronological Case Summary of the court in which the case is pending through the Case Management System of that court.
E. Conventionally Filed Documents.
Conventionally filed documents must be entered into the Case Management System by the Clerk. If the original documents cannot be converted into a legible electronic document, then the originals must be placed into the case file and that action must be noted in the Chronological Case Summary. The filer must also conventionally serve these documents in accordance with these Rules.
F. Service.
(1) Service on Public Service Contact.
Registered Users must serve all documents in a case upon every other party who is a Public Service Contact through E-Service using the IEFS. E-Service has the same legal effect as service of an original paper document. E-Service of a document through the IEFS is deemed complete upon transmission, as confirmed by the Notice of Electronic Filing associated with the document. Exempt parties must serve all documents in a case as provided by these Rules.
(2) Service on Others.
Service of documents on attorneys of record or on unrepresented parties who are not Public Service Contacts must be as provided by these Rules.
G. Format Requirements.
(1) Documents filed electronically must be formatted in conformity with these Rules and the requirements of the IEFS.
(2) All documents must be submitted in the manner required by the EFSP. The IEFS may be accessed via any Internet connection available to the Registered User and at Public Access Terminals located in the office of the Clerk or the office of a county clerk.
H. Signature.
(1) All documents electronically filed that require a signature must include a person’s signature using one of the following methods:
(a) a graphic image of a handwritten signature, including an actual signature on a scanned document; or
(b) the indicator “/s/” followed by the person’s name.
(2) A document that is signed and E-Filed must be subject to the terms and provisions of Appellate 23(E). A Registered User may include the signature of other attorneys in documents E-Filed with the court but in doing so represents to the court that any such signature is authorized.
I. Time and Effect.
Subject to payment of all applicable fees, a document is considered E-Filed on the date and time reflected in the Notice of Electronic Filing associated with the document. E-Filing must be completed before midnight to be considered filed that day, and compliance with filing deadlines is determined in accordance with the time zone in the location of the court where the case is pending. E-Filing under these rules shall be available 24 hours a day, except for times of required maintenance.
J. Official Court Record.
The electronic version of a document filed with or generated by the court under this rule is an official court record.
K. [Reserved]
L. Certain Court Records Excluded From Public Access.
With respect to documents filed in electronic format, the court may, by rule, provide for compliance with this rule in a manner that separates and protects access to Court Records excluded from Public Access.
M. Inability to E-File.
(1) Indiana E-Filing System Failures.
(a) The rights of the parties shall not be affected by an IEFS failure.
(b) When E-Filing is prevented by an IEFS failure, a User or party may revert to conventional filing.
(c) When E-Filing is prevented by an IEFS failure, the time allowed for the filing of any document otherwise due at the time of the IEFS failure must be extended by one day for each day on which such failure occurs, unless otherwise ordered by the Court.
(d) Upon motion and a showing of an IEFS failure the Court must enter an order permitting the document to be considered timely filed and may modify responsive deadlines accordingly.
(2) Other Failures Not Caused by the User who was Adversely Affected. When E-Filing is prevented by any other circumstance not caused by the User who was adversely affected, the User may bring such circumstances to the attention of the Court and request relief as provided in Appellate Rule 35, or the User may revert to conventional filing.