|Technology in Superior Court
| eFILING SUPERIOR COURT PROCEDURES & GUIDELINES
Superior Court Proper eFile Procedures
Court eFile Guidelines
| File & ServeXpress™ RESOURCES
File & ServeXpress
| DIRECTIVES, RULES & STANDARDS
| Administrative Directive 2012-3 Designation of Cases Filed as Civil Miscellaneous for e-Filing
Administrative Directive 2011-4 Civil Appeals Designated for Electronic Filing
Administrative Directive 2010-2 Elimination of Paper Files for Matters Using LexisNexis E-File (now File & ServeXpress™)
Administrative Directive 2009-4 Designation of Judgment Cases for e-Filing
Administrative Directive 2007-6 E-file Administrative Procedures
Administrative Directive 2007-4 Designation of Complaints, Mechanic's Liens & Mortgage Cases for e-Filing
Administrative Directive 2007-2 Designation of ADR Cases for e-Filing Pursuant to Superior Court Civil Rule 79.1
Administrative Directive 2003-7 E-File Administrative Procedures
Superior Court Civil Rule 79.1 E-Filing
ABA Standard on Electronic Filing Processes 1.65
| eFILING IN THE SUPERIOR COURT
have lead nation in use of electronic filing. Delaware courts added to their legacy of leadership in the use of electronic filing when the Superior
Court of Delaware expanded the required use of e-filing
for legal documents in several key areas of litigation.
The expansions, together with use of e-filing
for all civil, criminal and family cases in the Delaware
Supreme Court establish Delaware courts as a leader
in the use of e-filing technology.
On November 29, 2007 Administrative
Directive 2007-4 issued by Superior Court's President
Judge, expanded e-filing to all new civil complaints, mechanic's
liens, and mortgage cases filed with the Prothonotary in
any county, whether subject to Alternative Dispute Resolution
or not, were to be filed and/or served electronically using
the File & ServeXpress™ e-filing system.( This requirement
did not include civil appeals, involuntary commitments
or civil miscellaneous proceedings.)
The directive expanded
the use of e-filing in Superior Court to all major categories
of civil cases. Delaware Superior Court
was the first in the state to adopt e-filing in 1991,
and this change means that more than 1.8 million Court documents
annually will be electronic. This is expected to save an
estimated 9 million pieces of paper annually, enough to
stack as high as a 300-story building every year.
Then in January 2008, the Court expanded e-filing directing
that all new Civil Complaints, Mechanic's Liens, and Mortgage cases
filed with the Prothonotary in any county, whether subject to Alternative
Dispute Resolution (ADR) or not, were to be be filed and/or served electronically
using the File & ServeXpress e-filing system.
| Our eFILING BACKGROUND
Electronic filing is nothing
new for the Superior Court of Delaware. Delaware was the first state
in the nation to implement an electronic docketing and filing system
for civil cases in the United States. That system was called the Complex Litigation Automated Docket or CLAD, and went into
effect in 1991.
The system provided the court, counsel and litigants with filing
that was quick and efficient as well as optimized the related document
storage and lowered related costs. More then 200,000 electronic
CLAD transactions were filed to CLAD which provided immediate access
to the filings prior to our current Web environment.
January 9, 2003, the President Judge signed Administrative
Directive 2003-1 (stay ended January 27, 2003) and Administrative
Directive 2003-2 (rescinded by Administrative
Directive 2003-8) which directed the transition and migration
to a new electronic filing (eFiling) system pursuant to the court's Civil Rule 79.1.
The court's service provider for this browser-based electronic filing
system was LexisNexis (now File & ServeXpress™). On January 27, 2003, the existing CLAD cases were converted to LexisNexisFile
& Serve (now File & ServeXpress™) e-filing system.
E-filers must register with current service provider File & ServeXpress™. Complete details on registration and filing
fees, requirements, and other issues are available from the provider as well as training for filers and users. Contact them to arrange this by calling attorney customer support at 1.888.529.7587. Public access
to the documents is available on computer terminals in the Prothonotary's
In July 2003, the Judicial Division of the American Bar Association
released a proposed draft for Court
Use of Electronic Filing Processes (Proposed Standard 1.65).
On August 12, 2003, the President Judge signed Administrative
Directive 2003-7 (Designation of Certain Non-arbitration Cases
for e-filing) and Administrative
Directive 2003-8 (e-file Administrative Procedures) which expands
the use of e-filing in Delaware.
On October 6, 2003, the Superior Court began accepting new non-arbitration
complaint cases electronically in New Castle, Kent and Sussex Counties.
With the expansion of electronic filing to Superior Court non-arbitration
cases, Delaware will continue to be at the national forefront of
judicial and legal case management.
On April 1, 2007 ,the President Judge signed Administrative
Directive 2007-2 (Designation of ADR Cases for -filing Pursuant
to Superior Court Civil Rule 79.1) which expanded e-filing to all
new civil actions filed with the Prothonotary that are subject to
the court's Alternative Dispute Resolution (ADR) pursuant to Civil
Rule 16 shall be filed and/or served electronically using
the File & ServeXpress e-filing system. Eventually the -filing
will apply to all Superior Court civil filings. Eventually the system will apply to all Superior Court civil filings. Administrative
Directive 2007-4 expands the use of e-filing to all Civil Complaints
including Mechanic's Liens and Mortgages. (This designation does
not include Civil Appeals, Involuntary Commitments, or Civil Miscellaneous
E-filing administrative procedures were further defined in December 2007 in Administrative Directive 2007-6.