Rule 87. Electronic Filing
Effective January 1, 2021
(A) Commencement of an Action.
An action must be commenced:
(1) By using the IEFS unless exempted under these rules;
(2) By paying the filing fee unless the fee is waived by an order of the court or pursuant to Trial Rule 86(B)(2)(e); and
(3) By filing the complaint or equivalent pleading and the required summons(es) in the form set out in Trial Rule 4(C).
(B) Electronic Filing of Documents.
(1) Unless otherwise permitted by these rules, documents submitted for filing in Indiana courts must be filed electronically with the clerk using the IEFS. The e-filing of documents is 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 petition for electronic filing exception. The petition must be filed in each pending case to which these rules are applicable. The petition will be reviewed by the judicial officer assigned to that case and granted only upon a showing of good cause.
(3) Until further order of the Supreme Court, unrepresented litigants are not required but are encouraged to file using the IEFS.
(C) Proof of Filing.
Users should save each NEF 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 CMS of that court.
(D) Conventionally Filed Documents.
The clerk or court must convert conventionally filed documents into an electronic record. The filer must also conventionally serve these documents in accordance with these Rules and applicable Local Rule(s) and file a certificate of service. If the original documents cannot be converted into a legible electronic document, then annotation must be made in the Chronological Case Summary and the documents returned to the filer.
(E) Probate and Guardianship Filings.
(1) A User filing a Last Will and Testament for probate shall file an accurate and complete copy of the Will and an affidavit, signed under the penalties of perjury, containing substantially the following information:
(a) Affiant possesses the Decedent’s original Last Will and Testament or the Will has been deposited with the clerk of the court;
(b) Affiant is filing a true and accurate copy of the Last Will and Testament;
(c) Unless the Last Will and Testament has been deposited with the clerk of the court, Affiant shall retain the original Last Will and Testament until the Decedent’s estate is closed and the Personal Representative is released from liability, or the time to file a will contest has expired, whichever is later; and
(d) Affiant will file the original Last Will and Testament upon order of the court or as otherwise directed by statute.
(2) A personal representative or guardian shall file the notations regarding the allowance or disallowance of claims required by statute.
(F) Data and Format Requirements.
(1) All Users shall comply with the e-filing procedures prescribed by the Chief Administrative Officer of IOJA. The IOJA shall maintain a public website that contains procedures for submitting data and documents through the IEFS.
(2) All Users shall submit documents in the manner required by the EFSP. The IEFS may be accessed via any Internet connection available to the User and at Public Access Terminals located in the offices of the county clerk.
(3) A User shall identify Non-Public Access documents containing information that is excluded from Public Access with a header, label, or stamp identifying the document as Excluded From Public Access. See Commentary to Rule 5 of the Rules on Access to Court Records.
(G) 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 is subject to the terms and provisions of Trial Rule 11(A). A User may include the signature of other attorneys in documents e-filed with the court but in doing so represents to the court that the signature is authorized.
(H) Time and Effect.
Subject to payment of all applicable fees pursuant to Section (A), a document is considered e-filed with the court on the date and time reflected in the NEF 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 filed.
E-filing under these rules shall be available 24 hours a day, except for times of required maintenance.
(I) Certain Court Records Excluded From Public Access.
Any User filing a document that is to be excluded from public access must do so as provided in Access to Court Records Rule 5.
(J) 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) With the exception of deadlines that by law cannot be extended, 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 is extended by one day for each day on which such failure occurs, unless otherwise ordered by the court.
(d) Upon motion and showing of an IEFS failure the court must enter an order permitting the document to be considered timely filed and modify responsive deadlines accordingly.
(2) Other Failures not Caused by the User Who Was Adversely Affected.
When e-filing is prevented by any other circumstances 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 Trial Rule 6(B), or the User may revert to conventional filing.