Wisconsin § 801.18 - Electronic filing.

§ 801.18. Electronic filing.

801.18(1) (1) Definitions. In this section: 801.18(1)(a) (a) “Clerk of court” or “clerk” means the official circuit court recordkeeper for the case in question, which may be the clerk of circuit court, juvenile clerk, or register in probate for that county. 801.18(1)(b) (b) “Converted” means that all documents in a paper case file have been imaged by the clerk of court and the case file is available to accept filings via the electronic filing system. 801.18(1)(c) (c) “Director” means the director of state courts. 801.18(1)(d) (d) “Document” means a pleading, notice of appeal, petition, writ, form, notice, motion, order, affidavit, exhibit, brief, judgment, opinion, writ of execution, or other filing in an action or proceeding. 801.18(1)(e) (e) “Electronic filing system” means an Internet-accessible system established by the director for the purpose of filing documents in a circuit court, automatically integrating them into the court case management system, and electronically serving them on the parties. 801.18(1)(f) (f) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the document. To be considered electronically signed, a document must be submitted by or on behalf of a user through the electronic filing system. An electronic signature shall state “Electronically signed by” followed by the name of the signatory, and shall be placed where the person’s signature would otherwise appear. “Electronic signature” includes only those signature technologies specifically approved by the director. 801.18(1)(g) (g) “Filing agent” means a person authorized under s. 799.06 (2) to appear on behalf of another. 801.18(1)(h) (h) “High-volume filing agent” means a person authorized under s. 799.06 (2) who appears on behalf of an entity filing 10 or more actions per calendar year in the county where the action is being filed. 801.18(1)(i) (i) “Imaged document” means an electronic copy of a document originally created or submitted on paper. 801.18(1)(j) (j) “Initiating document” means a summons and complaint, petition, application, citation, criminal complaint, notice of appeal, or any other document filed to commence a court action or proceeding. 801.18(1)(k) (k) “Mandatory user” means a user who is subject to sub. (3) (a) . 801.18(1)(kg) (kg) “Notice of activity” means a notice sent by the electronic filing system to alert the parties that there has been a new user, filing, or activity on the case. 801.18(1)(km) (km) “Opt in” means to agree to receive electronic service and file electronic documents on a particular case, after first registering for access to the electronic filing system. 801.18(1)(kr) (kr) “Opt out” means to cease participation as a voluntary user or to indicate withdrawal from the case as an attorney. 801.18(1)(L) (L) “Paper party” means a party who is not subject to sub. (3) (a) who chooses not to participate in the electronic filing system as described in sub. (3) (c) . 801.18(1)(Lm) (Lm) “Registration” means entering into an agreement to access the electronic filing system prior to filing documents under sub. (3) (d) or s. 809.801 (3) (d) . 801.18(1)(m) (m) “Traditional methods” means those methods of filing and serving documents, other than electronic filing, provided under statutes and local rules. 801.18(1)(mm) (mm) “Transmit” means to send or transfer documents and records from one court to another and may be completed by making the documents and records electronically available to the other court. 801.18(1)(n) (n) “User” means an individual who has registered to use the electronic filing system. Users of the electronic filing system shall be individuals, not law firms, agencies, corporations, or other groups. 801.18(1)(o) (o) “Voluntary user” means a party who is not subject to sub. (3) (a) who voluntarily registers to use the electronic filing system under sub. (3) (b) . 801.18(2) (2) Effective date; applicability. 801.18(2)(a) (a) The director shall implement an electronic filing system for the Wisconsin circuit courts. The requirements of this section shall govern the electronic filing of documents in all types of actions and proceedings in circuit court. 801.18(2)(b) (b) Mandatory use of the electronic filing system shall be phased in according to a schedule set by the director until the system has been fully implemented. 801.18(2)(c) (c) Mandatory users shall be required to use the electronic filing system for all new filings. Electronic filing shall be required for all new actions brought in circuit court and for all new documents submitted in previously filed cases, except as otherwise provided in this section. 801.18(2)(e) (e) Electronic filing is limited to methods specifically approved by the director. The director may enter into an agreement with any state agency to allow electronic filing through a custom data exchange between the court case management system and the agency’s automated information system. Parties using a custom data exchange are considered mandatory users and are subject to the requirements of this section. 801.18(2)(f) (f) The procedures in this section shall be interpreted in a manner consistent with existing procedures. This section is not intended to limit the director’s approval of new technologies that accomplish the same functions. 801.18(2)(g) (g) All judicial officers, the clerk of court, and all court staff shall cooperate and assist with the implementation of electronic filing. 801.18(2)(h) (h) This section does not apply to documents required by law to be filed with court officials that are not filed in an action before the court. These documents may be filed by traditional methods unless otherwise required by the director. 801.18(2)(i) (i) This section does not apply to filing of documents or transcripts with the court of appeals or supreme court. 801.18(2)(k) (k) The procedures under this section are intended to be consistent with the procedures governing electronic filing and service in the appellate courts under s.