By Kelly Caplan
BridgeTower Media Newswires
Attorneys and those who file documents on their behalf are now required to make all filings with the Michigan Supreme Court and Michigan Court of Appeals electronically using the MiFILE system, unless excused by court order upon a motion for good cause.
The revision to Administrative Order 2014-23, that took effect Feb. 1, is a welcome development for attorneys and legal professionals.
Sandra Vertel, legal assistant with Secrest Wardle in Troy, said she uses MiFILE extensively, and has been hoping for its use at the Court of Appeals and the Michigan Supreme Court for a long time.
“It makes sense,” she said. “There are many other things I like about mandatory e-filing: it saves time, uses less paper, and is more convenient.”
Stacey L. Heinonen of the Mike Morse Law Firm in Southfield said she consistently uses e-filing — first TrueFiling and now MiFILE — in her appellate practice, and appreciates its expansion.
“The convenience of the system is optimal,” she said. “I remember, on occasion, driving to Lansing myself to physically file an Application for Leave to Appeal with the Supreme Court.”
Michael J. Cook of Collins Einhorn Farrell PC in Southfield said he and his firm like the efficiency and relative ease of e-filing.
“We no longer need to print off, lug around, and store reams of paper,” he said. “It also greatly reduces concerns with timely filing and fretting about whether traffic or other forces will prevent someone from making it to the clerk’s office before the close of business.”
Laurie K. Bowen, a legal assistant with Collins Einhorn Farrell PC, said among the benefits of e-filing are its immediacy.
“I personally like being able to see the immediate status of filings, what stage the filing is in, being able to get copies of payment receipts after the filing if they are misplaced, and filing and service history,” she explained.
Vertel agreed.
“I like the Proof of Service that is automatically issued and part of the email that is received when the document is filed,” she said. “I make it a habit to save the documents right away to my electronic ‘file’ with the actual document, any attachments, and the Proof of Service.”
But MiFILE has benefits beyond efficiency. Users appreciate that it’s not only tech-friendly, but eco-friendly as well.
“I appreciate that I don’t receive a several-inches-high stack of paper from the opposing party,” Cook said. “It’s much better to receive opposing briefs in an electronic format, which, increasingly, are also searchable.”
Heinonen agreed.
“E-filing offers cost savings and is environmentally responsible,” she said. “The amount of paper alone consumed by, what was, traditional filing was substantial.”
She added that clients will be better served through their attorneys’ use of e-filing.
“Minimally, opposing parties will receive filings in as close to real time as possible rather than waiting for them to be delivered by the postal service,” she explained. “This allows for maximum ability to prepare a thorough response.”
As with any new system and technology, problems and issues can — and will — arise. Users note that there is a support system in place.
“Any snag I have run into literally has been a one-off, and the clerks’ offices have been extremely helpful,” Heinonen said. “Additionally, attending a training webinar when the courts transitioned to MiFILE was very beneficial.”
Overall, MiFILE is user-friendly, but some users have suggestions to improve its use and efficiency.
“While I understand reservations about allowing hyperlinks to outside sources, the current system doesn’t allow a party to hyperlink to an exhibit, and it used to,” Cook said. “I think that being able to link to exhibits so that the reader can easily jump to the document a party is discussing vastly improves the functionality of a brief and further capitalizes on the technology available to us.”
Additionally, some users said they’d like to see more communication when filing procedures change or go into effect, as in the case of attachments needing to be filed separately.
“We have had a few filings that did not go into effect on the start date as we were instructed, but caused filings to get rejected once those changes were in effect,” Bowen said. “Other than those types of issues, MiFILE is a wonderful system.”
Eventually, all courts in Michigan will move to e-filing. The MiFILE platform rollout strategy will happen in 10 waves over several years. Geographic location and filing volumes were used to decide where to launch first.
Pilot courts were transitioned to the MiFILE platform in 2018. Those courts included the 3rd Circuit (Wayne County), 6th Circuit (Oakland County), 13th Circuit (Antrim, Grand Traverse and Leelanau counties), 16th Circuit (Macomb County), and 20th Circuit (Ottawa County).
Bonnie Scheele, county clerk for Grand Traverse County, said her pilot court has been e-filing since 2012, and its use has grown considerably over the years.
“We only started with civil case codes in the beginning, but are now accepting everything but Juvenile Delinquency & Abuse/Neglect cases,” she said.
Additionally, model courts have been established to work with the State Court Administrative Office to design, develop and test standard solutions for court types.
Those courts include 37th District (Warren), Ottawa County Probate Court, and 22nd Circuit Court (Washtenaw County). The courts and the SCAO will continue to monitor progress and refine standard solutions for the different courts.
MiFILE, formerly known as TrueFiling, is a statewide e-filing system sponsored by the SCAO. It is available for every eligible case type in all Michigan courts.
The Michigan Supreme Court and Court of Appeals moved to MiFILE, the statewide e-filing system used by many state trial courts, from TrueFiling in September 2019.
It’s important to note that user information from TrueFiling cannot be imported to MiFILE, so attorneys and others must re-register at www.mifile.courts.michigan.gov.
Live webinar trainings on how to use the system are offered monthly. The next one is scheduled for 2-3 p.m. March 10. Visit www.mifile.info/training.
Parties can electronically serve one another with documents, electronically receive notifications and documents from the courts, and file documents in any Michigan court 24 hours a day, seven days a week, except for downtime for periodic maintenance.
However, documents electronically filed or served after 11:59 p.m. Eastern Time, or on a Saturday, Sunday, or court holiday (see MCR 8.110[D][2]) shall be deemed to have been filed or served on the next business day.
The revised order reads, “On order of the Court, effective February 1, 2020, all documents filed by or on behalf of attorneys who are licensed to practice law in the State of Michigan or who are admitted to temporarily appear and practice under MCR 8.126(A), must be filed electronically with the Michigan Supreme Court (MSC) and the Michigan Court of Appeals (COA) using the MiFILE system unless excused by court order upon a motion showing good cause. Self-represented litigants may, but are not required to, electronically file their documents with the Court.
“Although this order sets out the manner in which e-filed documents are submitted to the courts or served on other parties to an action, it does not change the time periods required for taking action under the Michigan Court Rules, except as explicitly provided.”
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