Is Email Service Of Motion Or Fax Valid In Circuit Court Of Cook County, Il
GENERAL ADMINISTRATIVE Society NO. 2013-07 - ELECTRONIC FILING (eFILING) OF Courtroom DOCUMENTS
IT IS HEREBY ORDERED:
Effective May 28, 2013, General Administrative Gild 2013‑06, entered April xix, 2013, is amended as follows:
Effective May 28, 2013, pursuant to the Electronic Filing Standards and Principles of the Illinois Supreme Court, Ill. S. Ct., Yard.R. 18368 (eff. Jan. 1, 2013), the Clerk of the Circuit Court of Melt County ("Clerk" or "Clerk's Office") shall accept the electronic filing of certain court documents as prepare forth below. Nothing in this order is intended to alter the right of a person to file or serve procedure or other paper documents in the conventional manner pursuant to constabulary and rules. The Clerk'southward Function shall make this order bachelor through the Clerk'south Website.
1. Definitions. For the purposes of this order, the following words and terms shall accept the post-obit definitions:
a. attorney: a person licensed to do law in Illinois.
b. bulk filing: a filing consisting of the initial filings in more than ane instance of the same blazon, (eastward.g., multiple complaints for purposes of filing the same number of new mortgage foreclosure actions) in the same sectionalization, filed in one online transaction.
c. document: any pleading, motion, or other court filing.
d. electronic filing: transmission of document(s) to the Clerk'south Office via electronic ways for the purpose of filing the document(s) in the court'southward tape of a case or proceeding.
due east. electronic filing managing director ("EFM"): arrangement used by the Clerk'due south Office to process the receipt, credence, recording, and service of documents filed electronically on the Clerk's Website.
f. electronic filing website ("Website"): official Internet website of the Clerk, the electric current address of which is http://www.cookcountyclerkofcourt.org.
thousand. electronic format: electronic file format(s) specified past this club.
h. electronic service: electronic transmission, via the EFM, of electronically filed documents to parties who take consented to such service.
i. file: an electronic computer file in an authorized figurer file format.
j. filer: any person, including an attorney or pro se party, who is registered with the Clerk's Function and authorized past the Clerk's Office to file documents with the court electronically.
yard. vendor: an entity with whom the Clerk's Office contracts, in accord with applicable Melt County practices, to provide the electronic filing Website.
2. Telescopic of Electronic Filing
a. Case types permitted. Except every bit provided in subsections (b) and (c) of this Department and subject to the provisions of Rule 15 (eff. Apr. 26, 2012) and Rule 138 (eff. July 1, 2013) of the Illinois Supreme Court, documents may be electronically filed only in cases or proceedings to be heard in the following divisions of this courtroom:
iii. ceremonious cases in the Municipal Department
b. As soon as is reasonably practicable, the Clerk'southward Office shall make electronic filing available in the following divisions of the courtroom:
i. Domestic Relations/Child Back up;
Dominance to have electronic filing in these areas shall be pursuant to further gild of this courtroom.
c. Documents excluded. The following documents, including exhibits, may not be electronically filed, and shall only be filed conventionally.
i. documents containing confidential information, as specified in Ill. S. Ct. R. xv (eff. April 26, 2012)
ii. documents containing personal identity data, every bit specified in Ill. S. Ct. R. 138 (eff. July 1, 2013)
iii. documents containing the identity of individuals contained in reports made pursuant to the Catching Affliction Report Act, 745 ILCS 45/1
iv. reports relating to an private'due south disability pursuant to the Illinois Income Tax Act, 35 ILCS 5/917(a)(ii))
5. confession of judgment
6. documents required past law, dominion, or gild to exist filed and maintained in their original form
vii. exhibits that practice not accommodate with the size requirements herein
viii. petition for marriage license by an underage petitioner
ix. petition for an order of protection, no contact order, or stalking no contact gild
x. registration of Illinois court judgment
xi. registration of authoritative judgment
xii. any document when the individual document or the unabridged case is impounded or sealed by law, rule, or order
ii. emancipation of a small-scale
three. eminent domain (condemnation)
iv. fictitious vital records, filed pursuant to the Vital Records Act, 410 ILCS 535/15.1
seven. ordinance violations
viii. proceedings pursuant to the Illinois Sexually Transmissible Disease Control Act, 410 ILCS 325/i, et seq.
nine. petition for judicial waiver of notice under the Parental Notice of Abortion Act of 1995, 750 ILCS 70/1, et seq.
x. any other type of example required to be impounded or sealed past law, rule, or society
e. Filing site. Electronic filing is permitted just by electronic line transfers by ways of the Clerk's Website. Documents in electronic file format shall not be accepted by the Clerk's Role or the trial judge for filing past any other method. Documents transmitted by facsimile manual device (fax) shall not be accustomed for filing, electronic or otherwise.
f. Courtesy copies. Courtesy copies may not exist electronically filed with or otherwise delivered to the Clerk'due south Office. Zippo in this society shall be interpreted to limit the manner in which a judge may accept commitment of courtesy copies.
three. Filing Hours, Scheduling, Acceptance, and Related Matters
a. Electronic filing hours. The EFM shall permit filing twenty four (24) hours per twenty-four hours, every day.
b. Time of filing. Documents received by the Clerk's Office Monday through Friday, eight:thirty a.m. to 11:59 p.m., excluding court holidays, shall exist deemed filed that day. Documents filed from midnight to 8:29 a.m., on weekends or courtroom holidays shall be deemed filed at eight:30 a.g. the adjacent court business organization mean solar day.
c. Acceptance by Clerk. Whatsoever document submitted electronically shall exist considered filed with the Clerk'due south Office if not rejected by the Clerk's Part.
d. Scheduling motions. The filing of motions shall be permitted by the Clerk'southward Office pursuant to 3(a‑c) above. Filers may schedule hearings on said motions Mon through Friday, 8:xxx a.m. to 11:59 p.m., excluding court holidays. The Clerk's Part shall enable the EFM to let filers to schedule or reschedule dates for motions previously filed.
east. Electronic filing postage. The transmission shall be endorsed with a file postage stamp setting forth the identification of the Circuit Court of Cook County, its clerk, and the date and time of filing. This file stamp shall be merged with the electronic document and shall exist visible when the document is printed and viewed on line. Electronically filed documents and then endorsed shall take the same strength and effect as documents file stamped in the conventional manner.
f. Clerk'due south Signature. Where the Clerk is required to sign an electronically filed certificate, the typed proper noun of the Clerk, affixed past the Clerk, shall be deemed to exist the Clerk's signature on the electronic document.
thousand. Clerk'southward receipt. Upon receiving an electronic certificate past means of the EFM, the Clerk's Function shall promptly e post a detect of receipt to the filer. The Clerk's Office shall thereafter due east mail the filer a discover of acceptance of the document and the date and time of acceptance. If the document is rejected, the Clerk's Function shall inform the filer of such rejection and the reason(s) for such activity.
h. Filing deadlines. The electronic filing of a certificate does non change any applicable filing deadlines.
four. Electronic Filing Registration
a. Registration required. Documents may be filed or served electronically only by a person who has registered every bit an authorized filer.
b. How to annals. Registration shall be done on the Website on a form prescribed by the Clerk's Office.
c. Attorney and pro se filers. Upon registration and validation as prepare forth in this section, the Clerk'south Office shall provide the filer with an business relationship. The Clerk's Office shall provide the filer with a means past which to create a user ID and password.
i. Illinois attorneys. Attorneys licensed to practise law in Illinois must annals with the Clerk's Function. To register, an attorney must be in good standing with the Illinois Supreme Courtroom and provide his or her Illinois Chaser Registration and Disciplinary Commission registration number.
two. Attorneys from other jurisdictions. Attorneys who are not licensed to practice police force in Illinois must file conventionally until further order of this courtroom.
iii. Court partner agencies. Filings from court partner agencies using integrated systems within a secure domain shall not crave individual registrations. Otherwise, court partner agencies shall be subject to same requirements set up forth for attorneys in (i) or (2) in a higher place.
four. Litigants who are not attorneys. Parties who are not attorneys (pro se litigants) must register with the Clerk's Function. To register, a pro se litigant must provide the following information:
5. Current information required. It is the responsibleness of a registered filer to go along all contact information, including the filer's e post address, current on the EFM.
d. Completion of registration. Upon acceptance of a filer's registration, the Clerk'south Office shall confirm the registration with the filer by e-mail. Once a filer's registration is completed, the Clerk'southward Office shall accept filings submitted electronically by the filer through the Website.
e. User ID and password confidentiality. Maintaining user ID and countersign confidentiality is the sole responsibility of the filer registered with the EFM. The registered filer shall have full responsibleness for whatever certificate electronically filed by anyone using his or her user ID and countersign.
five. Procedure for Documents Filed Electronically
i. circuit court case number;
iv. proper noun of the political party on whose behalf the document is being filed; and
five. blazon of document being filed.
b. Maximum File Size. No file or certificate may contain more than 5 MB (megabytes) of information, as adamant by the EFM. To comply with this requirement, an electronically filed certificate may exist divided into parts and submitted as multiple files.
c. Majority Filing and Multiple Documents.
i. Documents in bulk filings may include more than than i 5 MB file. Files from different cases shall be uploaded separately and shall not be combined in the same PDF file.
ii. Multiple documents with the same case number may be filed in the same transaction and shall not exist combined in the same PDF file.
iii. Multiple documents for different cases shall exist filed in separate transactions, except for initial filings included in a bulk filing.
i. Filing parties shall scan paper exhibits for electronic filing in accordance with the size and scanning limitations ready along herein or equally required by the applicable statute, local rule or order
(1) Exhibits not readily available in electronic form (due east.chiliad. blueprints, large maps) may be filed conventionally.
ii. A political party electronically filing exhibits must attach an index listing each detail and identifying the related paper.
e. Document font, size, and margins. Unless otherwise required by statute or dominion, documents created by word processing programs must exist formatted equally follows:
i. the size of the type in the body of the text must be no less than 12 point font, and in footnotes no less than x point font;
ii. the size of the pages must be 8 one/two" by 11";
three. the margins on each side of the page must each exist a minimum of 1"; and
four. the top right ii" x 2" corner of the get-go page of each document shall be left blank for the Clerk'south stamp.
f. Rejection. The Clerk's Office may refuse documents not complying with the format specified past applicable statutes or rules or the above requirements for bulk filings and multiple documents.
thou. Document file formats. Documents filed in the EFM must be in Portable Document Format (PDF). It is the filer'southward responsibleness, to the extent viable, to file documents in text searchable PDF. The Clerk's Role shall provide on the Website a means past which a filer may convert documents to PDF at no fee to the filer and a means past which a filer may catechumen documents to text searchable PDF, for which any applicable fees shall be the exclusive belongings of the vendor providing said conversion service.
i. Documents shall exist submitted in PDF or text searchable PDF format as follows:
(1) Documents created in electronic format shall be converted to PDF; or, to the extent feasible, text searchable PDF straight from the program used to create the document, rather than from the scanned image of the paper document;
(2) Documents only in paper format may be scanned and converted to PDF; or to the extent feasible text searchable PDF;
(3) If a proposed order is filed in the case, it must be created in a word processing programme and converted to PDF or, to the extent viable, text searchable PDF by the programme used to create it.
h. Links and Attachments. Electronic documents containing links to textile either inside the filed document or external to the filed document are for convenience purposes only. The external material behind the link is not considered office of the filing or the basic court record.
6. Arrangement or Filer Errors
a. The Circuit Courtroom of Cook County and the Clerk shall non be liable for malfunction or errors occurring in the electronic transmission or receipt of electronically filed and/or served documents.
b. Filers should try, in good faith, to resolve filing and service errors based on technical failures, such as:
i. an error in the transmission of the document from the electronic filing website to the Clerk's Office;
two. rejection by the Clerk's Office; or,
3. an erroneous exclusion of a party from the service listing.
If the filers are unable to resolve the problem, the aggrieved filer may seek relief from the courtroom. The court, in its discretion, may enter an order nunc pro tunc to resolve the filing discrepancy.
7. Process for Documents Containing Confidential or Sensitive Information
a. Documents containing confidential or sensitive information must exist submitted conventionally, pursuant to constabulary, rule, or courtroom order, with either a Find of Confidential Data Inside Court Filing or a Detect of Personal Identity Information Inside Court Filing, pursuant to Ill. South. Ct. Rs. fifteen (eff. Apr 26, 2012) and 138 (eff. July one, 2013).
i. The filing party is responsible to ensure that court documents filed electronically do not disclose previously statutorily impounded or sealed information or private information defined in Ill. S. Ct. Rs. 15(eff. April 26, 2012) and 138 (eff. July 1, 2013).
2. The Clerk's Office is not responsible for the content of filed documents and has no obligation to review, redact, or screen any expunged, sealed, or impounded information.
b. A party wishing to file a certificate under seal without prior court authorization to exercise so may electronically file a move for get out to file under seal. The certificate in question shall not be filed with the motion equally an attachment, exhibit, or otherwise.
eight. Certification of Electronic Documents. The Clerk shall but certify electronically filed documents conventionally at the Clerk's Office, Monday through Friday, from 8:30 a.m. until iv:30 p.thou., excluding court holidays. The cost of certification is governed past the Clerks of Courts Act, 705 ILCS 105/27.ii, 27.2a.
9. Fees and Charges
a. Filing fees. The Clerk's Function shall collect all applicable statutory filing fees for documents filed by means of the EFM. The EFM shall also let the filing of documents for which a filing fee is not required.
b. Payment of Fees. Whenever documents are filed electronically that crave the payment of a filing fee, the person who files the documents shall provide at that time, for payment of the fee:
i. such credit or debit carte du jour information as shall be required at the Website to permit a card to be charged past the Clerk's Office; or
ii. such data every bit shall exist required at the Website to let an automated clearing firm (ACH) debit to be made; or
iii. any other form of payment authorized by the Clerk.
c. Vendor equally Clerk'southward agent. The Clerk may let the vendor to act equally a limited agent for the Clerk for the purpose of collecting required filing fees from the filer through directly billing of the filer, unless the payment of the fee has been waived by court order or constabulary. Whatever mandated filing fees nerveless by the vendor shall be transmitted to the Clerk's Function at the end of each concern day.
d. Vendor service fees. Fees charged to filers by the vendor for vendor services are solely the property of the vendor and are in addition to any statutory fees associated with statutory filing fees.
10. Electronic Signatures
a. Whatever document electronically signed pursuant to this section shall comply with all applicable laws and rules regarding original signatures on court documents and shall be subject area to applicable sanctions.
i. Each electronically filed document shall carry a facsimile or typographical signature of the attorney or pro se party authorizing such filing.
ii. Documents containing signatures of third parties may be filed electronically and shall bear a facsimile or typographical signature.
b. If a certificate requires the signature(south) of one or more persons not a political party to the case or not registered for electronic filing (due east.g., settlement agreement with a pro se party, or a witness' affidavit), the filing party or attorney must confirm that all such persons required to sign the certificate approve information technology:
i. Original signatures of all not electronic filers must be obtained before filing the document;
two. The document must indicate the identity of each not registered signatory; and
iii. The filing party must retain the original document until one yr after the engagement that the judgment has become terminal by the conclusion of direct review or the expiration of the time for seeking such review.
c. In the absence of facsimile or typographical signature, any document electronically filed with a user ID and password issued by the Clerk'due south Part shall be deemed to have been signed by the registered filer to whom the user ID and password are registered.
d. All actions of judges and hearing officers shall be authenticated.
11. Electronic Service, Proof of Service, Effective Appointment of Service
a. Consent required. Documents may be served by means of the EFM to the eastward‑post accost of a registered filer who has consented to electronic service. If a registered filer has not consented to electronic service, service shall be fabricated on that filer equally otherwise provided by rule or statute. The electronic service of a pleading or other document on a consenting filer shall exist considered every bit valid and effective service and shall have the same legal effect as conventional service.
b. Date of Service. The effective appointment of electronic service shall be determined pursuant to Ill. S. Ct. R. 12(f) (eff. Jan. 4, 2013).
c. Proof of service. When a document is served electronically, proof of service shall be filed with the Clerk's Office and served on all parties. Proof of electronic service must comply with all applicable rules, orders, and laws, and shall be filed with the document in question when that document is electronically filed. The document of service for electronically served documents shall include the following:
i. an e postal service address for the filer and the recipients;
two. the number of pages in the transmission;
iii. a statement that the document was electronically served; and
iv. the engagement and time of electronic service manual.
12. Clerk'southward Recordkeeping. Electronically filed documents shall be maintained in accordance with the Clerk's policy on the retentiveness and maintenance of court records.
13. Admission to Electronically Filed Documents
a. The Clerk's Office shall make available for inspection and copying printed copies of any electronically filed certificate as maintained in the official courtroom record. Copies of electronically filed documents shall exist made available to the public at the same cost equally charged for copies of documents filed in the conventional manner.
b. Consequent with the Illinois Supreme Courtroom's "Electronic Access Policy for Circuit Court Records of the Illinois Courts," the Clerk may permit public access to the electronic forms or images of electronically filed documents only through public access computer terminals located in the Clerk's function locations. These public access terminals practise not permit the data, documents, images or data to be downloaded or exported in electronic grade.
c. Unofficial versions of electronically filed documents can exist accessed via the electronic filing website, subject to the following restrictions:
i. just a registered and authorized filer shall be allowed remote, electronic access to electronically filed documents; and
ii. the registered and authorized filer shall be permitted to remotely admission electronically filed documents merely in cases where the filer is a party representing himself or herself or is an attorney that has entered an appearance on behalf of a party.
fourteen. Construction. This order shall be liberally construed and then as to facilitate electronic filing.
This order supersedes General Administrative Club 2012-10, dated December 28, 2012.
Dated this 22 nd mean solar day of May, 2013, and effective May 28, 2013. This order shall be spread upon the records of this court and published.
Entered:
Timothy C. Evans
Main Judge
Circuit Court of Cook Canton
Is Email Service Of Motion Or Fax Valid In Circuit Court Of Cook County, Il,
Source: https://www.cookcountycourt.org/Manage/Division-Orders/View-Division-Order/ArticleId/2214/GENERAL-ADMINISTRATIVE-ORDER-NO-2013-07-ELECTRONIC-FILING-eFILING-OF-COURT-DOCUMENTS
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