North Carolina’s eCourts platform has revolutionized how legal professionals file documents, manage cases, and access court records. However, as with any technology, there are challenges and limitations that users, including paralegals, face when using the system. In this article, we will explore common issues experienced with the File & Serve (eFiling) platform and offer practical tips for navigating these problems.

Introduction to eCourts in North Carolina

North Carolina’s eFiling system is part of the broader eCourts initiative designed to modernize and streamline the court processes by enabling electronic filing, viewing, and management of court documents. While the system has improved efficiency and accessibility for legal professionals, it is not without its hurdles. When filing documents with North Carolina’s eFiling system, users often encounter several challenges. Some of the known issues that can cause frustration or delays include:

1. File Upload Errors

Problem: Users often encounter issues with uploading documents to the platform, especially when they are too large or not in the correct file format.
Impact: File size limitations (usually a maximum of 50 MB per file) can prevent successful uploads. Additionally, the system may reject files that are not in the required format (typically PDF) or files that are encrypted.
Solution: Ensure files are in the correct format and under the size limit. Use PDF compression tools or split large files into smaller parts. Double-check that files are not password-protected or encrypted.

2. File Format and Compatibility Issues

Problem: Some documents may appear garbled or improperly formatted when uploaded. This could occur if the document was created with non-standard software or if there are embedded fonts or images that the platform cannot process.
Impact: Documents may be unreadable or improperly formatted, leading to the need for re-filing or extra steps to correct the problem.
Solution: Always use the recommended file format (PDF). If you experience issues with the appearance of your document, try flattening the PDF or using a different PDF creation tool to ensure it is compatible with the system.

3. Incorrect Filing Details

Problem: Paralegals or attorneys may accidentally enter incorrect case numbers, party names, or document descriptions during the filing process.
Impact: Incorrect filings may be submitted to the wrong case or party, potentially leading to missed deadlines or even rejection of the documents.
Solution: Double-check the case number, party names, and other case details before finalizing the submission. Take extra care when filing documents in multiple cases or related cases.

4. Document Rejection or Return

Problem: Occasionally, documents are rejected after filing due to minor errors. These might include missing signatures, incorrect document titles, or failure to attach required forms.
Impact: Rejected documents can cause delays, and, if re-filed late, they may result in missed deadlines or other legal consequences.
Solution: Review court rules, and check for any document requirements (e.g., signatures, proper naming conventions) to ensure compliance before filing. If a document is returned, correct the issue promptly and resubmit.

5. Late Filing Due to Technical Issues

Problem: A frequent complaint is that the eFiling system may have technical issues right before filing deadlines, causing delays in submission, or the filer underestimates the amount of time required to complete the filing prior to the 5 pm deadline.
Impact: Legal documents that miss filing deadlines could result in sanctions or missed opportunities for clients.
Solution: Aim to file documents well before deadlines to mitigate the risk of encountering technical issues at the last minute. Keep proof of timely submission (e.g., confirmation receipts or timestamps).

6. Difficulty Navigating the Interface

Problem: Some users, particularly those unfamiliar with the platform, may have difficulty navigating the user interface, locating the correct case files, or understanding the filing process for certain types of documents (e.g., motions, notices of appeal).
Impact: This can result in wasted time, confusion, and mistakes in filing the right documents to the right case.
Solution: Familiarize yourself with the eFiling interface through training or tutorials available through the NC Courts website. If necessary, reach out to the Help Desk for clarification or assistance.

7. Payment Issues

Problem: Filing fees must often be paid electronically through the eFiling platform. Users sometimes report difficulties with processing payments due to system errors, incorrect payment amounts, or browser incompatibilities.
Impact: Failure to pay the correct fees or a delayed payment can cause a filing to be rejected or processed incorrectly.
Solution: Verify that payment information is entered correctly, and ensure you are using a supported payment method. Contact the court’s Help Desk if payment issues persist.

8. Missing or Incomplete Confirmation

Problem: After submitting documents, users may not receive an immediate or clear confirmation that their filing was successful.
Impact: Uncertainty about whether the documents were filed on time can cause stress and lead to follow-up inquiries.
Solution: Always check the eFiling system’s confirmation page and your email for a filing receipt. If you do not receive confirmation, review your filing status in the system, or reach out to the court’s Help Desk.

9. Inconsistent Court Implementation

Problem: Some live counties in North Carolina have implemented local procedures that differ from the statewide system.
Impact: Paralegals or attorneys eFiling in live counties may need to follow different procedures.
Solution: Be familiar with the specific rules and procedures in the county where you are filing. If in doubt, consult the local court for guidance.

10. Delayed Processing of Filings

Problem: Some users report that filings, even when successfully submitted, may take longer to be processed by the court than expected.
Impact: Delays in the processing of filings can cause setbacks in legal proceedings, especially when time is critical.
Solution: Follow up with the court if you suspect that a filing is being delayed. File in advance whenever possible to avoid any unnecessary delays.

Conclusion

While the File & Serve system in North Carolina is designed to improve efficiency in legal proceedings, it is not immune to technical challenges and user issues. Being aware of common filing problems and understanding how to mitigate them can save time, reduce errors, and help paralegals and attorneys meet critical deadlines.

For persistent issues, always consult the court’s eFile Help Desk or online support resources for troubleshooting assistance.

Sarah L. White, ACP, NCCP is a senior paralegal with Ragsdale Liggett PLLC. She focuses in the areas of civil litigation and insurance defense, handling cases in all of North Carolina’s state and federal trial court divisions, including appellate courts. She also manages the firm’s eDiscovery platform and continuing education courses with the North Carolina Department of Insurance. Sarah holds a B.S. in Criminal Justice and Post-Baccalaureate Certificate in Paralegal Studies from Meredith College, in addition to advanced certifications from NALA, The Paralegal Association and the North Carolina State Bar. She was the recipient of the North Carolina Bar Association’s 2018 Distinguished Paralegal Award. She is highly involved in her profession where she serves as a Certifying Board Member for NALA, The Paralegal Association, and is a past Chair of the North Carolina State Bar Paralegal Certification Committee (2017-2024) and Item Writer for the Committee (2014-2017). She has served on the Council for the North Carolina Bar Association Paralegal Division since 2019 as Vice-chair, Secretary, Treasurer, and Council Member, as well as Co-chair of the Long-Range Planning and Bylaws Committees and member of the Nominations and Ethics Committees. Sarah is an active member of the North Carolina Association of Defense Attorneys Paralegal Division where she serves as Vice-Chair and has presented three continuing education courses for the NCADA.

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December 4, 2024/by Paralegals