For case types in the following Branches: Neglect and Abuse, Juvenile and Domestic Relations. Administrative Order 12-10 governs the eFiling process. As directed by the Administrative Order, Sup. Ct. Civil Rule 5 “Service and Filing of pleadings and other papers” subsections (b)(2)(D) and (3), (d) and (e)(2) govern the eFiling procedures consistent with the Family Court rules and governing statutes of the Family Court.

eFiling is a method of submitting filings and transmitting orders to the court. It also provides lawyers, their clients, and self-represented parties with access to filings made in the following Probate Division case types: ADM (Large Decedents’ Estates); SEB (Small Decedents’ Estates); FEP (Foreign Decedents’ Estates); INT (Intervention Proceedings); IDD (Interventions-Developmental Disability); FOI (Foreign Intervention Proceedings); CON (Former Law Conservatorships); GDN (Guardianship of Minors’ Estates); TRP (Trusts); NRT (Notice of Revocable Trusts); DIS (Disclaimers); LIT (Major Litigation); PBM (Probate Miscellaneous); and WIL (Wills).

On November 1, 2013, all documents submitted in Probate Division cases are to be eFiled by mandatory eFilers and by parties who are not mandatory eFilers but chose to register in a particular case for eFiling. Mandatory eFilers include: all attorneys (whether serving as counsel, fiduciary, or otherwise), all members of the Fiduciary Panel, Examiner Panel, and Visitor Panel, and all participants in the Non-Lawyer Guardianship Pilot Project.

All mandatory eFilers must register for eFiling as soon as possible but no later than September 23, 2013. See Registration Information, below.

Note that the following filings are excluded from eFiling and must be filed in paper: Wills and codicils; Initial pleadings that open a Probate Division case (all subsequent filings of proofs of service should be eFiled); Petitions to Re-Open the Administration of an Estate and Requests for Extension of Personal Representative’s Appointment in a closed case; Bonds; Verifications and Certificates of Notice when additional court costs are due; Sealed documents and documents for which a request to be placed under seal has been filed, but not motions to seal; Personal Identification Information (Form 26) forms, generally filed with the initial pleading that opens a Probate Division case; Filings that require payment of court costs that vary in amount or deposits into the Estate Deposit Account; Inventories and accounts and supporting documents containing financial information; Exhibits or other documents that are real objects, such as x-ray film or blueprints, or that otherwise may not be viewed comprehensively in an electronic format; and Matters reviewed by the Office of the Register of Wills and forwarded to the Judge in Chambers, such as Petitions for a General Proceeding seeking appointment of an emergency guardian or health care guardian, subpoenas for medical records, and applications requesting that the filer be granted permission to proceed in forma pauperis in a particular case.

Further information may also be obtained at CaseFileXpress.

Can a single filing apply to more than one case?

Because of the case management system, if cases are not officially consolidated with other cases by court order, any document applying in several cases must be filed in each case. If a case is consolidated with others by court order, then a document can be filed in the lead case. The comments field on the eFiling screen must be used to specify to what other cases the document applies. It will then be accepted (or rejected) by the clerk in the lead case and a docket entry that it was filed will be made in each of the other cases with which it is consolidated. The entry will also state the case number of the lead case where the document was filed and can be viewed on a public access system.

Can I serve discovery electronically?

Yes. You may serve discovery documents electronically on counsel through the system. Pursuant to Rule Promulgation Order 07-04, effective September 4, 2007, Certificates Regarding Discovery need not be filed when discovery is served. Instead, a Certificate Regarding Discovery that has occurred in the case must be filed as an attachment with any of the following three filings: (1) a motion regarding discovery; (2) an opposition to a dispositive motion based on the need for discovery; and (3) a motion to extend Scheduling Order dates. SCR Civil 5(d). If Certificates Regarding Discovery are already in the Court record, the Certificate Regarding Discovery may incorporate those certificates by reference and also list any additional discovery, if any, that has occurred. Discovery is not served on the court unless it is necessary to a motion regarding the same.

Do I have to submit envelopes and mailing labels?

You do not need to send chambers envelopes or mailing labels for individuals who are being eServed. You do need to send envelopes and mailing labels to the judge’s chambers if there is a pro se party or parties in the case. Mailing labels or service envelopes should be provided to the chambers of the case judge with the submission identified by case name and number.

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