To generate an e-appeal, there are some ongoing operational procedures
the court will need to follow in its day to day use of Imaging. So it's important to read the standards and the other guidance offered
below.
The highlighted requirements below are particularly significant
changes needed to make the e-appeal format required by the latest
standards. General- In
PC JIMS Imaging, document names shall be as descriptive as possible. So
if the filing is entitled "Motion to Sequester" make sure it doesn't
wind up being called a "Motion" in Imaging. If you're scanning based on
the record sheet entry, make sure you select the entire name.
- In the record sheet, use auto-entries or macros for the document types
- In Imaging, use the the future "Auto-hyperlink" text snippets in Imaging will
also help, when something is being recorded only in Imaging. This may
be the situation when adding an evidence item which you don't want to be
reflected in the record sheet, or if your court doesn't use the record sheet), these snippets can be used to make the document in Imaging.
- Items which are secured in Imaging will be put into a
separate PDF, which Circuit Clerk staff should secure when it is e-filed
to the appellate court.
- A date will be a part of the record on appeal PDF filename. So if you
generate the files on a different day than you indicate for the Issue
Date, you may want to change the file names.
- When scanning, set the Exclude from Appeal flag on any document which you receive which you ultimately wouldn't want to be in a Record on Appeal (e.g. DCN or cover letter)
Privacy issuesAs we understand it, any portion of the appeal other than the Secure Record is public information. SCR 15/138 indicates that the responsibility for partial redaction and segregation of personal information is on the filer.
And if a document is secured in Imaging, our e-appeal tool will put it
in a separate Secure Record pdf as required by the standards. The standards also require the Circuit Clerk to e-file this in a
separate transaction, and indicate that the document is confidential. - Note: If you have secured something in Imaging because you don't consider it part of the public record.
Appeal-related dataJudge names. - Can indicate more than one, as necessary.
- Use first name, middle initial/name and last name. If it is too long, you can use first and middle initials (e.g. JA Wampner)
Report of Proceedings- If
possible, get the transcripts from the court reporter in a PDF form
which allows the text to be searched and copied, then import them into
PC JIMS Imaging rather than scanning them.
- Import or scan each hearing's transcript separately.
- The
standards were changed to require that the index explicitly indicate the
date of the proceedings. Until
you get the summer 2017 PC JIMS update, you can just put this in the
description of the document. After the update, you'll be able to put this into an editable "Filed date" field.
- The sample index provided
in an appendix to the standard seems to indicate that the description
should include the hearing type (e.g. Motion for Summary Judgment).
- If
necessary, use the e-appeals tool to re-order each of these items to
get them in the proper place in the index/file. By default, they are in
the order in which they were scanned.
Sample document descriptions Before Summer 2017 update: RoP: Motion for Summary Judgment hearing on11/8/2015After update: put hearing date in Filed date and use a document description like "RoP: Motion for Summary Judgment" Exhibits- Make sure your evidence and transcripts are identified with the proper
document type in PC JIMS Imaging, or those items will wind up in the
common law record.
- Must indicate the party which submitted the exhibit and its exhibit number. Until you get the summer 2017 PC JIMS update, you can just put this in the description of the document. After the update, you'll see that there are new fields in Imaging to capture this data.
- Description
should include a description of the item (e.g. Bloody glove). See sample index provided in
an appendix to the standard.
- The standards now require that you include exhibits which were NOT admitted.
- The
court will need a procedure for recording each exhibit not admitted. This could involve a formal order to admit/deny exhibits, or just record
sheet entries.
- If the case is appealed, use Imaging to create an exhibit placeholder for each denied exhibit.
- Order- in the process of making the record on appeal, the user can
re-order the files using the e-appeals tool. But by default, they are in
the order in which they were scanned.
Sample document descriptions Before Summer 2017 update: "Defendant Exhibit 14: Promissory note" or "State's Exh. 6: Bloody glove (not admitted) " After update: put party and exhibit ID in new fields, and use a document description like "Promissory note" or " Bloody glove (not admitted) "
See standards for more on:
- Photographic exhibits
- Documentary or descriptive exhibits (i.e. video or audio recordings, computer media, discs, flash drives, etc.)
- Physical exhibits (i.e. clothing, weapons, items too large or bulky to be include electronically)
If
the reviewing court doesn't request these, they should still be in the
e-appeal index. This can be doe using an exhibit placeholder in
Imaging.
If the reviewing court does request these, the
standards indicate required procedures (e.g. receipts for signoff by the
reviewing court). While the standards are a bit unclear, they could be
interpreted as indicating that such receipts should be e-filed to the
reviewing courts, signed electronically by the reviewing court, then
e-filed back to the trial court.
SupplementsIf it is necessary to issue a supplement to the record... |
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