Virginia: Senate committee OKs bill to mandate civil e-filing in under 18 months; no paper documents accepted after July 2019; provides for paying for system based on annual subscription fee

The Virginia Senate’s Courts of Justice Committee approved on a 15-0 vote last week a plan to mandate civil e-filing in the state within 18 months.

SB 980 provides that

  1. Except in limited instances no document filed in court shall contain the social security number of any party, or of any minor child of any party, or any identifying financial information of any party. If needed, the information must be filed in a separate addendum file by the attorney or party in such civil case.
  2. Requires all circuit clerks to establish and operate a system for electronic filing. Currently law provides they may create such a system.
  3. Provides that in civil cases after July 2019 all nonconfidential documents filed with the clerk are to be in electronic form and available through secure remote access and searchable by name and case number across all circuit courts that use the Office of the Executive Secretary’s electronic imaging system.
  4. Direcst the Executive Secretary of the Supreme Court to administer a paid subscription service that provides access to all electronic records maintained by the clerks who use such electronic imaging system for civil cases filed on or after July 1, 2019.
  5. Specifies that such subscription shall be on an annual basis, with an annual fee to be established by the Judicial Council of Virginia.
  6. Provides that any sums collected pursuant to such subscription shall be deposited into the state treasury to the credit of the Courts Technology Fund.
  7. Directs the Virginia Information Technologies Agency to update its document entitled “Security Standard for Restricted Remote Access to Documents on Court-Controlled Websites” consistent with the provisions of the bill by July 1, 2019.