1 2 3 4 EFSO Name (Attorneys Include Bar No. & Firm) _____________________________________________ _____________________________________________ Address _____________________________________________ City/State/Zip _____________________________________________ Telephone _____________________________________________ In Proper Person OR Attorney for 5 DISTRICT COURT 6 CLARK COUNTY, NEVADA 7 8 9 10 11 12 13 14 Plaintiff(s) _________________________________ _________________________________ _________________________________ Plaintiff(s), -vs_________________________________ Defendant(s) _________________________________ _________________________________ Defendant(s). CASE NO. _________ Case No. DEPT. NO. _________ Dept. No. 15 ELECTRONIC FILING AND SERVICE ORDER 16 17 18 19 20 21 22 23 24 25 26 27 28 I. GENERAL A. APPLICATION OF ORDER The Court hereby designates the above-entitled action an Electronic Filing (EFile) case, as described and governed by this Order. This case is assigned to the Electronic Filing Program (EFP) as created by the Clark County District Court Electronic Filing Program Service Agreement dated October 4, 2002 between Wiznet, Inc. and the District Court, Clark County, State of Nevada, (hereinafter referred to as “Court”), or any successor program. All parties to the above case shall enter into an Electronic Filing Subscriber Agreement with Wiznet or the then-current vendor (“the Vendor”) prior to the commencement date hereinafter set forth. Statutory filing fees will be paid directly to the Court as set forth below. This Electronic Filing and Service Order shall be filed and served in the traditional manner. The commencement date for electronic filing and EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 Month service shall be the Day day of ________________, 200 Yr. 2 filings and service upon parties shall be done through the Vendor’s System. . All subsequent 3 B. DEFINITIONS 4 The following terms in this Order shall be defined as follows: 5 6 1. EDocument - An electronic file of a word processing document which contains almost exclusively text. 7 2. EFile- Electronic transmission of an original document to the Court via the 8 Vendor’s system. An EFile consists of either an EDocument, an EImage, 9 or both. 10 11 12 3. EImage - An electronic file of a document that has been scanned or converted to a graphical or image format. 4. EMail - A system for sending and receiving messages electronically over a 13 computer network or a message or messages sent or received by such a 14 system. 15 5. EService - Electronic transmission of an EDocument or EImage to all 16 other designated recipients via the Vendor’s system by EMail. After a 17 successful transmission to the Vendor’s system, a receipt sent by EMail is 18 issued acknowledging confirmation by the Vendor’s system. The Vendor 19 will transmit the EDocument via a URL link to all recipients by EMail 20 (including the filing party) identifying the filing. This EMail shall serve as 21 proof that the document has been filed with the Vendor. The associated 22 EDocument will contain the file stamp in the right hand corner of the first 23 page. 24 C. ASSIGNMENT BY THE VENDOR OF EFP ACCESS INFORMATION 25 Upon proper registration to the EFP by the "Interested EFiling Party" and 26 acceptance of the EFile Subscriber Agreement, the Vendor (system) shall assign to the 27 party or the party's designated representative(s) an account on the system with secured 28 access via a user specified "user name" and password. This security access information EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 must be used in order to gain access to the system to electronically file, serve, receive, 2 review, and retrieve pleadings, Orders, and other documents filed in the assigned case. 3 No "Registered User" shall knowingly authorize or permit his/her access information to 4 be utilized by anyone other than authorized and EFP registered attorneys or employees 5 of the attorney's law firm, or designated co-counsel, unless it has been established in 6 writing, and furnished to the Vendor, that the designated party may file documents on 7 behalf of the assigning counsel. 8 9 II. ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS 10 A. 11 The Clerk shall not accept nor file any pleadings or instruments in paper form, 12 13 14 SUBSEQUENT PLEADINGS except for those listed in Section V of this Order. Parties must EFile a document through the Vendor system via the Internet at the following URL: 15 http://documentaccess.wiznet.com 16 B. 17 Unless otherwise ordered by the Court, an original of all documents filed MAINTENANCE OF ORIGINAL DOCUMENTS 18 electronically, including original signatures, shall be maintained by the party filing the 19 document and shall be made available, upon reasonable notice, for inspection by other 20 counsel or the Court. 21 C. 22 Any pleading filed electronically shall be considered as filed with the Clerk of the TIME FOR FILING AND EFFECT OF USE OF EFILE 23 District Court when it is first transmitted to the Vendor and the transmission is 24 completed (filing party receives EMail from Vendor indicating date and time received). 25 Vendor is hereby appointed the agent of the Clerk of the District Court as to the 26 electronic filing, receipt, service, and/or retrieval of any pleading or document in the 27 EFP. Upon receipt of a document, the Vendor’s system shall issue a confirmation that 28 the document has been received. The confirmation shall serve as proof the document EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 has been received. Upon acceptance by Clerk, the Vendor shall transmit an EMail to all 2 subscribing parties stating that the document has been received and filed. This EMail 3 shall serve as proof that the document has been filed. The document will be posted on 4 the Vendor’s system and available for downloading and/or viewing. 5 D. 6 If it is shown that the electronic filing is not filed with the Court because of (1) an SYSTEM OR USER FILING ERRORS 7 error in the transmission of the document to the Vendor which was unknown to the 8 sending party, or (2) a failure to process the electronic filing when received by the 9 Vendor, the Court may enter an Order permitting the document to be filed nunc pro 10 tunc. 11 12 III. FORM/FORMAT OF ELECTRONICALLY FILED DOCUMENTS 13 A. 14 All electronically filed documents shall, to the extent practicable, be formatted in FORMAT 15 accordance with the applicable rules governing formatting of paper pleadings, and in 16 such other or further format as the Court may require from time to time. The date and 17 time of the hearing or trial in connection with which the document is submitted shall be 18 designated on the first page of each document. 19 So that this case may be easily recognizable as an EFile case, all documents 20 shall contain the wording of “ELECTRONIC FILING CASE” directly under the Dept. No. 21 on the first page of each document. 22 CASE NO. 23 DEPT. NO. 24 (ELECTRONIC FILING CASE) 25 TITLE OF DOCUMENT 26 B. 27 Every pleading, document, and instrument filed in the EFile system shall be 28 REPRESENTATIONS BY USING A TYPOGRAPHICAL SIGNATURE deemed to have been signed by the attorney or declarant and shall bear a facsimile or EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 typographical signature of such person, along with the typed name, address, telephone 2 number, and State Bar of Nevada number of a signing attorney. Typographical 3 signatures shall be treated as personal signatures for all purposes under the Nevada 4 Revised Statutes. A typographical signature shall be as follows: 5 /s/ John L. Smith 6 JOHN L. SMITH. 7 However, the originating party must still comply with Paragraph II.B of this Order. 8 9 10 All documents which bear a judge’s signature shall be scanned and Efiled so the judge’s original signature will be shown thereon. 11 C. 12 The electronic title of each electronically filed pleading or other document shall 13 ELECTRONIC TITLE OF PLEADINGS AND OTHER DOCUMENTS include: 14 1. the case number, 15 2. the party or parties filing the document, 16 3. the title of the document, 17 4. the party or parties against whom relief, if any, is sought, and 18 5. the nature of the relief sought (i.e., John Doe’s Motion to Compel Discovery from Jim Smith ). 19 20 The electronic title shall be used for administrative purposes only. The caption 21 and signature page of any document filed shall comply with the Nevada Rules of Civil 22 Procedure and the Eighth Judicial District Court Rules. 23 24 25 26 27 IV. ELECTRONIC SERVICE OF PLEADINGS AND OTHER DOCUMENTS Service upon other parties will be made by the Vendor electronically through the EFile system. Parties or their designated counsel shall receive all documents EFiled through their EMail system or via access to the Vendor’s system. It is imperative that 28 all parties be registered with the Vendor before they can either file or be served EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 through the program. Each party is responsible for the accuracy of their own 2 service list through the Vendor’s system for this case. 3 4 5 A. EFFECT OF ELECTRONIC SERVICE The electronic service of a pleading or other document shall be considered as 6 valid and effective service on all participants and shall have the same legal effect as an 7 original paper document. 8 B. CASE PORTFOLIO AND SERVICE LIST MANAGEMENT 9 10 Upon successfully registering in the system, each registrant must update their 11 Case Portfolio with this Case Number. This ensures that you can file a document in 12 this case. In the event that the attorney or firm is already registered in the Vendor's 13 system, then it is incumbent upon the attorney to update their respective Case Portfolio. 14 In addition to updating the respective Case Number, it is also incumbent upon 15 16 the attorney or designated staff member to add the firm’s EMail address in order to 17 receive electronic service for this case. This is accomplished by the Service List 18 Manager that will enable you to add as many EMail accounts as you require in order to 19 effect electronic service. You can create this electronically by selecting “Service 20 Manager List” and then selecting “Create Service List.” Individual law firms’ service lists 21 22 23 24 25 will then be merged into the master service list for this case which can be viewed and/or printed at the user’s request. A confirming EMail will be sent to the filing party indicating a successful filing, as well as listing all firm names and EMail accounts to which the document has been 26 27 28 electronically served. This confirming EMail will constitute proof of service should it be required by the court or opposing counsel. EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 2 3 4 5 The designated user (either attorney or support staff member) will be responsible for timely distribution of all EFilings to co-counsel and all relevant staff within their respective law firms. It is incumbent upon the attorney to update both their case portfolio, as well as 6 their electronic service list for this case. Until this is done, you will not be able to 7 EFile in this case nor will you receive electronic service of documents by other 8 parties. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 C. SERVICE ON PARTIES; TIME TO RESPOND OR ACT EService shall be deemed complete at the time an EMail message containing a URL link to that EDocument has been sent by the Vendor’s system as reflected by the file stamp appearing on the electronic transmittal. Notwithstanding any prior Order of this Court, any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of Court, shall be extended after service by electronic transmission by three (3) Court days from mailing as set forth in EDCR 1.14(c). This extension shall not apply to extend the time for filing notice of intention to move for new trial, or to move to vacate judgment pursuant to NRCP 59, or notice of appeal. D. SYSTEM OR USER SERVICE ERRORS If electronic service on a party does not occur because of (1) an error in the 23 transmission of the document to a party which error was unknown to the serving party 24 or Vendor, (2) a failure to process the electronic filing for service when received by the 25 Vendor, or (3) the party was erroneously excluded from the service list, the party to be 26 served, in the absence of extraordinary circumstances, shall be entitled to an Order 27 28 extending the date for any response or the period within which any right, duty or other act must be performed. EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 V. CONVENTIONAL FILING OF DOCUMENTS 2 Notwithstanding the foregoing, the following types of documents may be filed 3 conventionally and need not be filed electronically, unless expressly required by the 4 Court. 5 A. 6 A motion to file documents under seal shall be filed and served electronically. 7 DOCUMENTS FILED UNDER SEAL However, the documents to be filed under seal shall be filed in paper form. 8 B. 9 Exhibits to declarations that are real objects, i.e., construction materials, core EXHIBITS AND REAL OBJECTS 10 samples, etc. or other documents, i.e. plans, manuals, etc., which otherwise may not be 11 comprehensibly viewed in an electronic format may be filed and served conventionally, 12 in paper form. 13 14 VI. COLLECTION OF FEES 15 A. 16 Any document requiring payment of a filing fee to the Clerk of District Court in 17 order to achieve valid filing status shall be filed electronically in the same manner as 18 any other EFile document. If a filing fee is required, immediately upon filing, the filing 19 party shall send to the Clerk of District Court a photocopy of the face sheet of the filing 20 with the Case No. indicated thereon, plus a check for filing fee(s) in the proper amount 21 in accordance with the current Clark County District Court Schedule of Fees. Statutory 22 filing fees must be tendered to the Clerk immediately following an electronic filing and 23 must in any event be postmarked no later than the next business day following the 24 electronic filing. However, if a filing fee is due on any ex parte application, it must be 25 received by the clerk no later than 24 hours following an electronic filing. COURT FEES 26 B. 27 There will be a $95.00 annual registration fee per user. The Vendor filing fee will 28 VENDOR FEES be $10.00 per filing. Each document must be filed separately. For example, an EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 answer to third party complaint and a motion to consolidate must be filed as two 2 separate filings and a Case Filing Form must be completed for each. That is the only 3 way that each document will be file stamped as the Vendor would have no way of 4 knowing if one document is an attachment to another or if it should have its own file 5 stamp. 6 7 8 9 VII. SERVICE OF ELECTRONIC FILING ORDER ON NEW PARTIES Any litigant filing a complaint or adding a party to this case by filing of an amended complaint, third party-complaint, complaint in intervention, interpleader or 10 other initiating document shall be obligated to serve this Electronic Filing and Service 11 Order at the same time the pleading is served. Any such party having this Electronic 12 Filing and Service Order served upon them who does not want to participate in the 13 Electronic Filing Program may file a Request to be Excluded from the Electronic Filing 14 Program, (a Request form is attached). The Request must be filed and served upon all 15 parties to the action. These non-consenting parties shall be permitted to file their 16 documents in the conventional manner in the Clerk’s Office, but it shall be incumbent 17 upon the party or counsel to notify the Clerk’s Office at the time of filing that this case 18 has been designated as an Electronic Filing Case. The Clerk’s Office shall e-file the 19 document for the party and it will be the responsibility of the non-consenting party to 20 effect service upon all the parties in the action and to file proof of service. There will be 21 no vendor fees to the non-consenting party. 22 DATED this Day day of _______________________, 20 Yr. Month . 23 24 25 _____________________________________ DISTRICT COURT JUDGE 26 27 28 EFSO.doc/5/6/2005 American LegalNet, Inc. www.USCourtForms.com 1 2 3 4 5 REQT Name (Attorneys Include Bar No. & Firm) _____________________________________________ _____________________________________________ Address _____________________________________________ City/State/Zip _____________________________________________ Telephone _____________________________________________ In Proper Person OR Attorney for DISTRICT COURT 6 7 8 9 10 11 12 13 CLARK COUNTY, NEVADA _________________________________ Plaintiff(s) _________________________________ _________________________________ Plaintiff(s), -vs_________________________________ Defendant(s) _________________________________ _________________________________ Defendant(s). Case No. CASE NO. ______________ DEPT. NO. ______________ Dept. No. REQUEST TO BE EXCLUDED FROM THE ELECTRONIC FILING PROGRAM 14 15 16 17 ________________________, the ___________________________________ Name Party (Defendant, Third Party Defendant, or whatever the case may be), hereby request(s) to 18 19 20 21 22 be excluded from the Electronic Filing Program (EFP). Pursuant to Paragraph VII of the Electronic Filing and Service Order (EFSO) on file herein, the non-consenting party listed above shall file documents in the conventional manner in the Clerk’s Office, but it shall be incumbent upon the party or 23 24 counsel to notify the Clerk’s Office at the time of filing that this case has been 25 designated as an Electronic Filing Case. The Clerk’s Office shall e-file the documents 26 for the party and it will be the responsibility of the non-consenting party to effect service 27 upon all the parties in the action and to file proof of service. Further, pursuant to the 28 EFSO, there will be no vendor fees to the non-consenting party. Yr. Dated this ______ day of _______________, 20____. Day Month EFSO.doc/5/6/2005 ________________________________ Attorney American LegalNet, Inc. www.USCourtForms.com