E-DISCOVERY'S IMPACT ON LITIGATION

Discovery as we know it is on the brink of monumental changes that will forever impact and alter the way litigation is conducted. With the ushering in of the “electronic age,” we have seen changes in the way we file documents and get information. Federal courts and bankruptcy courts were pioneers in electronic filing and now the overwhelming majority of documents are required to be filed electronically in these courts. State courts have now begun to emulate their federal counter-parts and have taken up e-filing and e-correspondence. The courts and lawyers have more direct interaction as a result of th “e-age.” E-discovery is the most recent concept to arrive on the legal scene and is quickly making its mark on both the federal and state statutory landscape.

PERKS AND PERILS OF A PAPERLESS OFFICE

After much hype and anticipation, the age of the paperless office is finally here. As technology has improved, an increasing number of businesses are choosing to store their original paper documents electronically by scanning and destroying the originals. Given this growing trend among businesses to move to purely electronic storage of day-to-day business documents and other records, one important question remains: Do business documents have to be stored in hard copy form after scanning?

The answer to this question rests in two key inquires. The first is whether the electronic version of the paper record satisfies retention requirements imposed by federal and state statutes and regulations, so that the document can be used if the organization is audited by a federal or state agency. The second is whether the electronic copy can be admitted into evidence during litigation. Of course, the latter inquiry is of particular significance to counsel who may subsequently face questions of the admissibility and authentication of the scanned documents.

Traditionally, under the common law best evidence rule, parties were required to produce the original writing or document into evidence. Thus, copies of documents were not routinely admissible in court proceedings unless the original was shown to be unavailable through no fault of the proponent. This archaic view, however, dated to the time when copies were made by hand and were therefore subject to inaccuracy.

As technology has improved over time, an increasing number of businesses are moving to electronic storage of documents without retaining the originals. As a result, courts and legislatures are now creating exceptions to the common law rule, which allow for the routine admission of electronic copies of original documents.

FLOYD TO THE FUTURE

No, this digital thing isn't a fad.

172nd District Judge Donald Floyd has confirmed as much. He officially jumped on the Internet bandwagon last month, ordering local lawyers to start e-filing their lawsuits with his court, rather than bringing paper ones in person.

Floyd said they should use software and computers and bandwidth and all that technology stuff. Typewriters, paper clips and copy machines, be damned.

The judge deserves credit for the move, even if Jefferson County is five years late to the e-filing party. Ours now joins 35 Texas district courts that already require digitally filing, saving time and taxpayer expense.

A 2006 study by the Travis County District Clerk found that processing a paper filing took two to three days, versus 30 minutes for an electronic one. In emergency cases, this time savings can prove critical for judges, who cannot review cases until they're in the system.

Then there's the larger benefit for taxpayers and voters, for whom digitization provides a brave new window into the day-to-day goings on of the justice system.

Court documents have always been "public" records. But stacked in file cabinets collecting dust, key documents such as complaints and court transcripts remain mostly hidden from the prying eyes of non-lawyers. While practically hidden from public view these documents often can be the most interesting government archives.

Here in Jefferson County, either we find and write about those documents, or you probably won't know about them. Digitization means the court can do far better than that at almost no cost--with a greater benefit for local citizens.

Which leads to what Judge Floyd's next step should be, now that he's embracing technology.

Issue another order making these e-file documents available not just to courthouse staff and judges, but to all via the Internet. Open their contents to the web, and make them searchable via engines such as Google and Yahoo.

SDSLA TO HOLD E-FILING ROUNDTABLE WITH U.S.D.C.

As members of the San Diego Legal Secretaries Association (SDSLA) and as legal secretaries around the County already know, e-filing is the way of the future.

There have been many changes to the court’s website, rules and procedures, and many more changes are slated for the near future.

Justice of the peace signs up for electronic filing

A Williamson County justice of the peace is hoping to make the process of filing a civil case less time-consuming and save paper at the same time.Dain Johnson of Precinct 1 is the first justice of the peace in the county to begin using the new filing method, which allows attorneys to go online to file cases seeking up to $10,000.Johnson said there are a lot of benefits to using the new system. When documents are due, lawyers can file them until midnight. Previously, they had to wait in lines at the courthouse, and they had to go during business hours. Johnson said lawyers can also avoid sending couriers or mailing heavy boxes that could be expensive.Once a file is entered, court clerks can access it online. The system went online this month.