E-filing doesn't mean emailing: some lawyers are emailing their filings instead of using the portal.

Apparently in some counties, "e-filing" has been mistaken to mean "file by email."

The following note was sent to a clerk's office by email, according to the Florida Court Clerks & Comptrollers. It is very polite. It is simply, however, not an effective way in getting a document filed with the clerk.

"Good morning,

"You will find attached the proposed order and motion to continue a non-jury trial in the above-referenced matter. Please advise concerning the status of the order at your earliest convenience. Thank you."

The Supreme Court rules requiring attorneys to e-file by a date certain have struck fear in the hearts of some lawyers. Those who believe that they have met the required mandate to e-file if the document was sent by email to the clerk's office are on the right track, just using the wrong method to send the pleading.

Possibly not everyone is aware that Florida is one of the few states in the nation that has a portal to accept electronic documents. Mandated by the Legislature in 2009, the Florida Courts E-Filing portal, found at www.myflcourtaccess.com, has been under construction since that time. Today, 52 counties can accept civil filings through the portal and several are beginning to accept criminal filings.

"A few weeks ago we had deputy clerks tearing up their office, looking for pleadings that a local attorney said he had e-filed," said Marynelle Hardee, counsel to the Alachua County Clerk's Office. "The documents were nowhere to be found in our portal queues, or anywhere else in the office for that matter. After calling the attorney's office back, the staff realized the attorney had sent the documents by email."

Due to such occurrences, Hardee said the office developed a standard answer to filings arriving via email:

"Please be advised that the Florida Supreme Court has not authorized clerks of court to accept documents for electronic filing via e-mail. Documents may only be electronically filed via the state e-filing portal, www.myflcourtaccess. com. Please either resubmit your documents through the portal, or send them to us by fax or regular mail.'"

"We are trying to educate everyone that there is a portal that they are to use in order to send us their documents," Hardee said.

Many local bars have held training classes for their members on the Florida Courts E-Filing portal. There is also a video on the Florida Courts E-Filing Authority website. The authority has a number of educational documents on the home page, as...

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