In North Carolina, while the File & Serve (eFiling) system is widely implemented to streamline the filing process, there are still significant inconsistencies across different counties and courts. These inconsistencies can create challenges for legal professionals, including paralegals, who need to navigate the system for filing documents. Below are some of the most common inconsistencies with the eFiling platform across the state:

1. Varying County-Level Adoption

Problem: Not all counties in North Carolina have fully adopted or implemented the eFiling system. Some counties still rely on traditional paper filing or have not yet integrated eFiling for all case types.
Impact: Paralegals and attorneys need to be aware of the local rules and procedures, especially when filing in counties that do not support eFiling for certain case types (e.g., probate, family court).
Example: While urban counties like Mecklenburg, Wake, and Durham have fully embraced eFiling across most case types, rural or less populated counties may still require paper filings in some cases.
Recommendation: Before filing, check whether the specific court or county accepts electronic filings for the case type in question.

2. Differences in Court Procedures for eFiling

Problem: Even in counties that use eFiling, there may be discrepancies in how certain types of cases are handled, or additional requirements specific to the court’s local rules.
Impact: Filing protocols and requirements (such as which documents need to be submitted) can vary widely, causing confusion and delays.
Example: Some counties may require additional local forms (e.g., notice of filing, proposed orders, or local case management forms) to be electronically filed, while others may not.
Recommendation: Paralegals should be familiar with the local court’s specific filing requirements and consult local rules or the court’s website for any additional or unique guidelines and procedures.

3. Privacy Requirements for Specific Types of Documents in eFiling

Problem: Certain types of documents require additional privacy protections due to their sensitive nature. Courts may impose special handling procedures to safeguard personal or confidential information.
Impact: Filing these documents electronically requires extra steps or precautions to ensure that private information is adequately protected from unauthorized access or exposure.
Example: Documents related to family law cases, such as divorce filings or child custody agreements, often contain highly sensitive personal information. These may need to be filed in a manner that restricts public access. Similarly, in criminal cases, certain documents like sealed indictments or pre-sentencing reports might need special handling to prevent privacy breaches.
Recommendation: When filing documents with sensitive information, ensure compliance with privacy rules and procedures. Ensure you are aware of any requirements regarding sealed documents, the different access levels when eFiling documents and which level is required for your document, and any required redactions of personally identifiable information.

4. Insufficient Help Desk and Support Resources from the Courts and Tyler Technologies

Problem: The availability and quality of help desk and technical support services provided by the courts and Tyler Technologies are inconsistent. Some counties may not have sufficient resources or responsive staff to address issues effectively, leaving users without adequate assistance when needed.
Impact: Users can experience delays or frustrations when facing technical problems such as rejected filings or payment failures. Without timely and effective support, these issues can go unresolved, causing disruptions to important legal processes.
Example: A legal professional trying to submit a filing in a county with limited support may struggle to reach a help desk or face long wait times, whereas in other regions with better resources, they might receive quicker and more knowledgeable assistance.
Recommendation: Regularly check the court’s website for eCourts training materials and FAQs; review the county’s local rules, orders, and procedures; and, if at all possible, allow yourself adequate time for the electronic filing, in case you experience issues. Additionally, you can reach out to the Help Desk for Tyler Technologies if local support is unavailable or insufficient.

5. Lack of Consistency in Document Return and Rejection Procedures

Problem: Different courts may have varying procedures for handling return documents (i.e., orders, summonses, etc.) or rejected documents. Some may notify users right away, while others may not send notifications at all, requiring more frequent follow-up.
Impact: Failure to be notified of either of these documents could lead to missed deadlines or complications in legal proceedings.
Example: A filing in one county might be rejected without any immediate notification, while in another county, users might receive an automatic email alert detailing the rejection reason. Additionally, a case management order or an order for continuance may be uploaded by the court to Portal, but notifications may not be sent to the parties.
Recommendation: Regularly monitor filing status in eFile and follow up with court personnel if there is any uncertainty regarding the acceptance or rejection of a filing. Additionally, regularly monitor your case in Portal, especially if you are anticipating an order to be entered.

Conclusion

To successfully navigate the inconsistencies across North Carolina’s eFile system, it is crucial to:

Stay Informed: Regularly check the court’s website or local rules for updates or specific filing requirements.
Verify Local Practices: Before filing in any county, confirm the specific procedures, requirements, and available support for that area.
File Early: Given the variability in processing times and support, it’s always best to file documents well ahead of deadlines to avoid last-minute complications.
Use State Resources: Leverage statewide support services, including the Help Desk and other resources, when necessary.
Regular Monitoring: Be proactive in monitoring your electronic filings for acceptance of documents and downloading of filed versions and period monitoring of your cases in Portal.

By being aware of these inconsistencies and proactively preparing for them, legal professionals can minimize disruptions and ensure more efficient document filings.

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February 27, 2025/by Paralegals