Electronic Filing - A Practitioner's Perspective

By John J. Nagle III

Baltimore County Bar Association
Technology Committee Open Forum
February 18, 1999

Presented by: John J. Nagle, III
Bodie, Nagle, Dolina, Smith & Hobbs, P.A.
21 W. Susquehanna Avenue
Towson, Maryland 21204
410-823-1250
"www.bodienagle.com" "jnagle@bodienagle.com"

  • Maryland Rule 16-307 (Electronic Filing of Pleadings and Papers)

    • Court submits Plan to State Court Administrator.

    • County Administrative Judge submits detailed plan for a pilot project.

    • State Court Administrator consults with County Administrative Judge, Clerk of Court, Vendor of the electronic filing system, other judges, members of the bar.

    • Plan is reviewed for:

      • Compatibility.
      • Electronic filing systems in other courts.
      • Financial or operational burdens.
      • Reasonable availability and cost for use by litigants and attorneys.
      • Effectiveness, reliability, durability and secureness of system.
      • Provisions in system for privacy.
      • Can system be replaced without undue financial and operational burden?

    • State Court Administrator makes recommendation to Court of Appeals.

    • Plan must be approved by Court of Appeals prior to implementation. Shall terminate after two years. Renewal by subsequent administrative order.

    • Chief Judge of Court of Appeals shall appoint a committee consisting of judges, court clerks, lawyers, legal educators, bar association representatives, and other interested and knowledgeable persons to monitor and evaluate Plan.

    • Court of Appeals may extend, modify, or terminate Plan at any time.

  • Electronic Filing - Circuit Court for Baltimore City - An overview:

    • Electronic filing of all pleadings, papers and filings in asbestos personal injury cases will be mandatory.

    • The CLAD (Complex Litigation Automated Docket) System from LEXIS/NEXIS has been selected.

      • CLAD is running in fourteen courts throughout the United States.
      • Handles the asbestos dockets in state courts of Delaware and Cleveland.
      • Most recent version is "Windows" based.

  • The CLAD System

    • Attorneys will not have to invest in major hardware or software upgrade.

    • CLAD can be used on any PC or Mac computer.

    • Filings will initially be through WordPerfect 5.1 (DOS), considered the universal, lowest common denominator.

    • Modem capable of 9,600 baud per second, although the system will work best with a high speed modem.

  • Two Components to CLAD

    • Filing and Retrieving.

      • CLAD icon on user's screen is accessed.
      • CLAD prompts user for information on document to be filed.
      • Once document is filed, the parties to the case are notified by e-mail at no cost. Fax notice also available.
      • Four different kinds of reports can be generated:

        • Docket from a specific case.
        • Pending motions.
        • A motion's history.
        • Service list for a particular case.
    • Searching.

      • LEXIS/NEXIS downloads file in ASCII format. Information can be queried and searched, as typically done in LEXIS/NEXIS.
      • Pleadings, papers and documents may be viewed as well as printed.
      • Examples:

        • Everything filed by a specific law firm.
        • Everything filed by a specific attorney.
        • Everything filed by or against a specific defendant.
        • Every case in which a plaintiff alleges a particular disease. type.

      • Queries can search entire database as well as individual trial groups.

  • Misc. CLAD Info

    • Exhibits or attachments to electronic filings will be filed conventionally.

    • LEXIS/NEXIS will provide training for CLAD free of charge.

    • Electronic filing is 24 hours a day. Court deadlines now extended to 11:59 p.m.

    • Although Mead Data (LEXIS/NEXIS) owns CLAD, the database belongs to the Court.

    • CLAD expects to have Internet user interface this year.

    • A terminal will be provided to Clerk's office for members of the public

  • Case Management Order - Circuit Court for Baltimore City

    • All parties' (Participants) attorneys must consent to terms of the CMO. Participants must enter into "CLAD Filing and Use Agreement" with LEXIS/NEXIS.

    • LEXIS/NEXIS assigns a Personal Identification Number (PIN) to each law firm.

    • The filing of a document also constitutes valid service on all other Participants. Independent service not required.

    • Typographical signatures will be used.
    • Appeals will also be included in the CMO as it relates to the trial record.

    • Judges also bound to use CLAD for all orders, opinions, schedules and correspondence.