What
is Electronic Filing for Landlord & Tenant?
Electronic
Filing (e-filing) for Landlord Tenant (L&T) cases is a new pilot
project being implemented in Prince George’s County District
Court. The Prince George’s County District Court selected LexisNexis
File & Serve to provide the system through which filings will
be made. The system will allow for Landlords and their representatives
to file Failure to Pay Rent complaints as well as Warrants of Restitution
online from the convenience of their home or office. Additionally
any motions and other documentation related to these electronically
filed cases may be filed by the Landlord or the Tenant.
Why
is the court using e-filing?
The
Prince George’s County District Court was chosen to use e-filing
as a pilot project for L&T cases. This is an important part
of bringing the State of Maryland and its Court system into the
age of information. The purpose is to use technology to provide
equal access to justice while allowing the court system to operate
more efficiently and effectively. Additionally, e-filers will no
longer be required to use the 5-part carbon-copy forms or physically
bring the forms to the Courthouse. Filing electronically will be
more convenient for all parties involved from the filer to the
Court. Upon the conclusion of the project the District Court will
be making recommendations to the Court of Appeals about whether
or not to implement electronic filling statewide.
How do I e-file?
1)
There are 3 simple steps to e-filing. First obtain an
account with LexisNexis File & Serve, Attorneys go
to www.lexisnexis.com/fileandserve/lawfirms/register.asp.
Self Represented Litigants: www.lexisnexis.com/fileandserve/courts/selfrepresented/register.asp.
2)
Second, visit the Prince
George’s County e-filing website and obtain electronic
versions of the necessary forms.
3)
Third, login to LexisNexis File & Serve and file your case.
More detailed descriptions of the process and training for all
who are interested can be obtained at www.lexisnexis.com/fileandserve or
by calling LexisNexis Customer Service at 1-888-529-7587.
What do I need to e-file?
All you need is internet access, an email
address, a credit card, and an electronic version of
the form you wish to file. After you have these three
things you can go to www.lexisnexis.com/fileandserve to
sign up
Why
should I use e-filing?
E-filing
will allow you to file the Failure to Pay Rent and Warrants of
Restitution forms anywhere there is internet access. It will allow
you to get your case accepted and scheduled more quickly. Also
you can check your case status, hearing date & time, and any
other actions taken by the court or other parties involved in the
case by logging on to your LexisNexis File & Serve account.
What
is the cost for e-filing?
There
are no additional costs for e-filing your cases during the 2-year
pilot project. The statutory filing and sheriff service fees remain
the same.
How
do I pay the court fees?
You
will now pay the court fees through LexisNexis File & Serve.
You can obtain an account to file at www.lexisnexis.com/fileandserve.
Filers not represented by an attorney can pay with a credit card
via the File & Serve website.
How
do I pay the sheriff for service?
You
will now pay the sheriff in conjunction with the court fees through
LexisNexis File & Serve. You can obtain an account to file
at www.lexisnexis.com/fileandserve.
Filers not represented by an attorney can pay with a credit card
via the File & Serve website.
How
will I get my notice from the Court?
After
filing your case online you will receive a notice online on the
File & Serve system; if you have an e-mail address you can
also receive e-mail notification from the court when your case
has been accepted and is scheduled for a hearing. The online notice
and the e-mail will contain your case number and your hearing date
and time. Defendants will receive notice from the sheriff in the
same manner as in the past.
How will I get my Court Date?
If
you are an electronic filer your court date will be sent to you
through the File & Serve system and via e-mail. E-filers will
also have the ability to log on to LexisNexis File & Serve
and view their case calendar at anytime. Defendants will receive
their court date from the sheriff in the same manner as in the
past.
How
do I know the Court has accepted my efiling?
You
will receive notice through the File & Serve system and can
receive e-mail notification from the court when your case has been
accepted. E-filers will also have the ability to log on to LexisNexis
File & Serve and see their case status at anytime.
Why is e-filing only in Prince George’s
County?
Landlord & Tenant
E-filing in Prince George’s County is a 2-year pilot project.
In other words, Prince George’s County will be utilizing
the e-filing system for 2-years, at the conclusion of the 2-years
recommendations will be made about whether or not to go statewide
with e-filing.
Do
I have to use electronic filing to file an L&T case?
No – E-filing
is strongly recommended but is not a requirement.
You may still bring your Failure to Pay Rent and
Writs of Restitution forms to the courthouse to be
filed with the appropriate fees.
Maryland
Rules
Title 16. Courts, Judges, and Attorneys
Chapter 500. Court Administration--District Court
RULE 16-506. ELECTRONIC FILING OF PLEADINGS AND
PAPERS
(a) Applicability; Conflicts with Other Rules.
This Rule applies to the electronic filing of pleadings and papers
in the District Court. A pleading or paper may not be filed by
direct electronic transmission to the Court except in accordance
with this Rule. This Rule and any administrative order entered
pursuant to it prevail if inconsistent with any other Rule.
(b) Submission of Plan. The Chief Judge of the
District Court may submit to the Court of Appeals for approval
a detailed plan for a pilot project for the electronic filing
of pleadings and papers. In developing the plan, the Chief Judge
shall consult with the District Administrative Judge and the
District Administrative Clerk of each district included in the
plan, the District Court Chief Clerk, appropriate vendors, the
State Court Administrator, and any other judges, court clerks,
members of the bar, vendors of electronic filing systems, and
interested persons that the Chief Judge chooses to ensure that:
(1) the proposed electronic filing system is compatible with
the data processing systems, operational systems, and electronic
filing systems used or expected to be used by the judiciary;
(2) the installation and use of the proposed system does not
create an undue financial or operational burden on the District
Court; (3) the proposed system is reasonably available for use
at a reasonable cost or an efficient and compatible system of
manual filing will be maintained; (4) the proposed system is
effective, secure, and not likely to break down; (5) the proposed
system makes appropriate provision for the protection of privacy
and for public access to public records; and (6) the court can
discard or replace the system during or at the conclusion of
a trial period without undue financial or operational burden.
The State Court Administrator shall review the plan and make
a recommendation to the Court of Appeals with respect to it.
(c) Approval; Duration. A plan may not be implemented
unless approved by administrative order of the Court of Appeals.
The plan shall terminate two years after the date of the administrative
order unless the Court terminates it earlier or modifies or extends
it by a subsequent administrative order.
(d) Evaluation. The Chief Judge of the Court of
Appeals may appoint a committee consisting of one or more judges,
court clerks, lawyers, legal educators, bar association representatives,
and other interested and knowledgeable persons to monitor and
evaluate the plan. Before the expiration of the two-year period
set forth in section (c) of this Rule, the Court of Appeals,
after considering the recommendations of the committee, shall
evaluate the operation of the plan.
(e) Public Availability of Plan. The Chief Clerk
of the District Court shall make available for public inspection
a copy of any current plan.
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