How are affidavits filed?
There are two ways in which an affidavit can be filed through eLodgment (see RSC O67 r20(4); 2005 DCR r20 and 2005 MCR r12(4)). The first is that it may be filed by the registered user filing a scanned version of the original affidavit. When selecting this option, eLodgment will not create a Court face sheet nor will it append the addressee’s details. Using this option is simply a means to file a scanned copy of a document with the Court. eLodgment only accepts scanned images that have either ‘jpg’ or ‘gif’ file extensions (for other types of attachment eLodgment accepts documents with a doc. file extension – i.e. Word files). You will need to scan your document and then save it in one of these formats to be able to upload it into eLodgment. eLodgment also allows the following as scanned documents, (.pdf).
- Affidavit of ...........;
- Affidavit of Service;
- Minute of Proposed Orders
The following link gives a list of available Elodged documents for the District Court, Supreme Court, Magistrate's Court and the State Administrative Tribunal.
The second way an affidavit may be filed is for the registered user to file an electronic version of the affidavit. The electronic version does not include the signed jurat. The user must then ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is. This includes both the deponent and the person before whom the affidavit is sworn. The user must also file an undertaking that it has possession of the paper version signed according to law and will retain that subject to any order of the Court. The undertaking is an available document type and can therefore be filed in support of an electronically lodged affidavit. Click here to view an example of an affidavit of service and undertaking filed through eLodgment.
A registered user who files a document electronically must have the original paper version of the document with him or her at any conference or hearing in the course of the case concerned. The Court may at any time, on the application of a party or on its own initiative, order a person who has filed a document electronically to file the paper version of the document.
How does a District Court chamber summons get listed?
In order to give users immediate confirmation that a District Court chamber summons has been successfully filed, the Court has separated the process of allocating the hearing date for the chambers summons from the process of filing. The format of a chamber summons created in eLodgment contains the words: "Let all parties concerned attend before a judge or Registrar in Chambers on a date and at a time to be fixed by the Court on the hearing of an application on the part of the Plaintiff/Defendant FOR ORDERS THAT:". This document will come back in the same form as the service copy of the chamber summons.
The filing of a chamber summons will trigger an electronic work request to a Registry officer to fix a hearing date for the chamber summons. The lodging party will be notified of the hearing date by letter which will be electronically provided to the registered user (for more information about this, refer below to How does eLodgment communicate with me? The benchmark time set by Registry for providing that time is within 24 hours. The registered user will then need to serve the chamber summons and listing letter on the other parties.
How does a District Court pre-trial conference get listed?
A District Court pre-trial conference is listed in the same way as a chamber summons. The entry for trial papers are filed, and the sealed service copies generated, without the immediate allocation of a pre-trial conference date. The filing of the entry for trial papers triggers a work request for a registry officer to allocate a pre-trial conference date. This date is allocated and the lodging party advised by letter sent through the eLodgment system user (for more information about this, refer below to see How does eLodgment communicate with me?) The entry for trial papers and listing letter can then be served on the other parties. The Registry benchmark for providing the pre-trial conference letter is 24 hours.
Click here to view an example of what filed ‘entry for trial’ papers look like.
Click here to view an example of a pre-trial conference listing letter an example of a listing letter.
How does eLodgment communicate with me?
eLodgment uses an electronic mail box system to communicate with users. This is authorised 2005 DCR rule 21A. The electronic mailbox is used to serve registered users with specific District Court documents. These include:
- The Case Management Timetable after processing a Defence.
- The listing notice of an eLodged Chamber Summons/Application.
- The Pre-trial listing notice for an eLodged Entry for Trial.
Also, if a Memorandum of Appearance is lodged on a matter that already has a Case Management Timetable and/or any hearings listed, the system will produce copies of the Case Management Timetable and a list of any hearings listed for the client lodging the new memo.
When a Registry officer processes one of the above mentioned eLodged documents, the courts’ file management system will generate a hard copy of the notice for non-email service distribution and, for electronic notification, a stored electronic version of the notice. The system will also generate an email to the registered user advising them they have a document in their electronic mailbox to be viewed and downloaded. The registered user can then log into eLodgment to obtain a copy of the notice from their Incoming Documents link on their Main Menu.
Can I serve documents by email?
Service of documents by email is dealt with by RSC Order 72 and 2005 DCR rule 21(2). In summary terms, for a document to be able to be served by email in the District Court two things must be present:
- The other party must have provided an email address for service.
- The document must be one which is capable of being filed electronically.
If a document is capable of being filed electronically (for example a defence) and the other party has provided an email address for service, then the rules allow the party filing the document to serve it by email (for example as a PDF file), even though it has not been lodged electronically.
Where documents have been filed through eLodgment, the service copy may be saved from the eLodgment system into the user’s own computer system so as to facilitate service by email.