Transcript Las Vegas Justice Court

Las Vegas Justice Court
Odyssey E-file & Serve
Training Sessions 2011
Purpose
This one-hour session will help people representing
themselves, as well as members of the legal community,
to understand how to use their Justice Court E-Filing
System account (set up for their filings/documents). In
addition, these sessions will provide a quick overview of
the system and walk people through the process of efiling any civil case filing, and using the Odyssey E-File &
Serve system. The goal of this session is to give
potential e-filers enough information so that they feel
comfortable using e-filing and, when needed, using the
on-line manual when they have further questions.
Revised: June 30, 2011
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About the Las Vegas Justice Court
E-Filing System
• The Las Vegas Justice Court E-Filing system addresses the court’s
technology needs and the needs of individuals filing civil cases, both
those representing themselves and members of the legal
community. E-Filing will ensure that Clark County citizens and the
legal community have the ability to electronically file civil documents
with the Las Vegas Justice Court 24 hours a day, 7 days a week.
• The E-Filing system for civil cases will provide state-of-the-art
technology to help reduce and avoid raising costs associated with
processing, tracking, and storing paper documents, case
information, and court information. The Civil E-Filing Program
furthers this Courts’ goals of providing access to justice, producing
quality work products, and processing cases in an efficient and
timely manner.
Revised: June 30, 2011
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Odyssey E-File & Serve
Technical Requirements
•Browser
–Windows Operating System using Internet Explorer 5 or above
•Connection
–High-speed connection is recommended
•Minimum Screen size
–Set monitors to at least 800 x 600 pixels.
–Recommended: 1024 x 768 pixels
E-Filing Assistance: The Civil Division Clerks Office will provide
assistance with e-filed document issues Monday through Friday,
except holidays, at [email protected].
–E-Filing Technical Support: The Odyssey E-File & Serve
technical support can be contacted at (800) 297-5377 or by e-mail
to [email protected] from 6:00 a.m. to 5:00 p.m. PST,
Monday through Friday.
Revised: June 30, 2011
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Odyssey E-File & Serve
New Users – Register
Existing Users – No Change at Login
http://wiznet.wiznet.com/clarknv
Revised: June 30, 2011
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Setting Up Draw Down on
Odyssey E-File & Serve
1.
2.
3.
4.
5.
6.
7.
8.
9.
Log into Odyssey E-File & Serve and then Select User Preferences.
Select New Account.
Create name that will represent the draw down billing option and ensure
to indicate Justice Court in the Account Name Field. For example:
Justice Court E-filing Draw Down.
NOTE: All filings submitting using the incorrect court drawdown account
will be rejected.
Enter Full Name of User Creating the Draw Down Account in the Full
Name Field.
Enter the Account Number provided by the Court when the Draw Down
account was established in the card number field.
Enter 111 for the Security Code.
Select Draw Down under the card type selection field.
Enter an expiration date in the future and complete the address
information.
Select the blue update box.
Revised: June 30, 2011
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Funding Your Account
• Odyssey E-file & Serve accepts credit cards or use of your
established Draw Down account with Las Vegas Justice Court for
filing fees.
• Firms cannot co-mingle their “Draw Down” accounts with the Courts.
• Separate District Court and Justice Court Accounts must be
established.
• Firms must deliver checks to deposit to established draw down
account with appropriate Court.
• LVJC will reject filings if wrong account is selected or if insufficient
funds in your Draw Down account.
Future Enhancement: Fund your accounts via electronic funds
transfer using the Court’s Public Access website.
Revised: June 30, 2011
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Case Selection Screen
Subsequent Case Pleadings:
• Enter the case number and select:
E-File Direct
• Case name may be searched, but user
must select exact or similar option
• Or use displayed history of cases
THEN:
Initiate a New Case:
• Identify Case Type
• Select Document Code
• Enter Party Information
• Attach Lead Document (Complaint)
• Complete Document Title
• Courtesy Copy
• Comments
• Account – Justice Court Draw Down
• Your File Number
Revised: June 30, 2011
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LVJC – Case Number Hints
•
No dashes required when entering case numbers
•
Format for Small Claims, Civil and Evictions: YYx######
YY
= year case opened ***
x
= case type
A = Small Claims
C = Civil
E = Eviction
#
•
= six digit numeric file number (must be left justified, zero filled)
Format for Petition to Seal: YYS####
YY
= year case opened ***
S = Petition to Seal Criminal Records (Civil Case Type)
#
•
= four digit numeric file number (must be left justified, zero filled)
Format for Protective Orders: YYPO####
YY
= year case opened
PO
= Protective Order case type
#
= four digit numeric file number (must be left justified, zero filled)
*** Cases opened prior to 2004 require “001” to be added to the end of the normal case number. Higher numbered 2003 cases do not require this
extension.
If users still cannot assess the case, notify via email: [email protected]
Revised: June 30, 2011
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Subsequent Pleadings
Case Title (May
state Case Number)
Document Being Filed;
Attach from your PC
Court Codes for
Document Type
Actual Document Title
as listed on pleading
Must reflect Justice
Court Draw Down
Revised: June 30, 2011
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Document Codes - Browse
Example from Browse Listing
Use Control + F Key to access
the Microsoft “Find”
Type a key word in the pleading
and use Next
Select exact match to the title
of your document. If no match
found, use most generic description
and type exact title in the “Document
Title” field. Examples: Affidavit, Notice
Revised: June 30, 2011
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Subsequent Pleadings That May
Be E-Filed in Justice Court
Writ of Execution: Be sure to include the appropriate “Notice of
Execution After Judgment” as part of the pleading
– Page One: Front of Writ of Execution
• Leave sufficient room for the Electronic File Clock image in the upper right
corner of the document
– Page Two: Reverse of Writ of Execution
• Electronic Signature of Attorney of Record may be used. Be sure to include
Law Firm name and address under the signature line.
– Page Three-End: Notice of Execution After Judgment
• Use generic version with 26 items listed
– For Word version of LVJC standard Writ of Execution
(http://www.clarkcountycourts.us/CivilSHC/smallclaims/forms/Writ%20of%20Execution,%20Small%20Claims%20(Fillable
%20Form).pdf) and Notice of Execution After Judgment forms
(http://www.clarkcountycourts.us/lvjc/pdf/CivilForms/Notice_of_Execution_After_Judgment.pdf).
Revised: June 30, 2011
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Drop Pleadings & Items Unable to E-File
1.
Orders, Judgments, Exemplified Judgment or any document requesting a Judge’s Signature
– Supporting pleadings must be E-Filed prior to delivery of the order/judgment to the Clerk’s Office
– Submit the ORIGINAL only. Do not submit any copies. If copies are submitted, the Court will discard copies.
– The Clerk’s Office will E-File the signed orders and send a courtesy copy email notification will only be sent if the email address is listed in the
attorney information section of the pleading.
2.
Writs of Restitution, Writs of Possession, Bench Warrants and Accompanying Orders (LVJCR 31) and remittance for issuance
– Submit the ORIGINAL and one COPY of the Writ or Bench Warrant. The original Bench Warrant or Writ will be returned to the requesting party
with the raised seal over the judge’s signature.
– Submit ORIGINAL accompanying order only.
– Submit with appropriate remittance:
•
Bench Warrants: $3.00 Certification Fee
•
Writ of Restitution (temporary or permanent) or Writ of Possession: $6.00 Writ Fee
– Include Bond if ordered to be posted for Temporary Writ of Restitution.
– The original “accompanying order” will be E-Filed by the Court. Once the Submitter receives the courtesy copy of the Order, the Writ or
Bench Warrant is ready to pick up at the Clerk’s Office.
– If the Judge has signed the documents in open court and returned them to the attorney for filing, they may still be filed at the Clerk’s
Office in person. (Limit: 5 per day transaction limit at the Clerk’s Office)
3.
Replacement Summons – Issued by Clerk’s Office, not filed. Subject to transaction limit.
4.
Subpoenas – Issued by Clerk’s Office, not filed. Subject to transaction limit.
5.
Notice of Appeal – Due to variable Bond Amount appeals cannot be E-Filed. Filing Fees total $71.00. Subject to transaction limit.
6.
Demand for Jury Trial – Fee is actually an escrow account similar to a Bond. Subject to transaction limit.
7.
Certified Copies - Requires raised seal and actual signature on certification statement. Subject to transaction limit.
View Current LVJC Local Rules: http://64.161.36.133/CourtRules/JCR_LV.html
Revised: June 30, 2011
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Default Judgment Process Impacts
•
Three documents are e-filed
– Proof of Service – May be filed by process server or the law firm
– Clerk’s Default –Must include date of service in the body of the document and esignature of the attorney of record. Clerk’s Office will use a e-signature to sign
the default when filing/accepting it.
– Application for Default Judgment
• Includes all Declarations and/or Affidavits regarding the case for the Default Judgment
to be considered by the Judge or Supporting Documents may be e-filed using the
“envelope” feature to submit all Default items together.
–
–
–
–
Attorney Fees
Memorandum of Costs
Compliance to specific statutes
Plaintiff’s custodian of records statements
• Eliminates “In Support of” separate pleadings being e-filed. Less cost to submitter and
less documents to handle by the Court.
•
Submit ONE paper “Default Judgment” signed by the Attorney of record for
Judicial signature.
– The Court will e-file the signed Default Judgment and courtesy copy will be sent
upon filing by the Court. The email address must be included in the Attorney’s
information section of the Default Judgment pleading.
Revised: June 30, 2011
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Pleading Format
•
•
•
View Local Rule 10 as to standards for pleadings
–
Justice Court will reject documents that do not meet the standards
–
Attach Affidavit of Service from Process Server to properly formatted
pleading or require Process Server modify their format to meet Local
Rule 10
Leave “clear” space in the upper right corner of the first page of any
document being filed for the Electronic File Clock
Pleadings must not have “blank pages”
Revised: June 30, 2011
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Civil Case Types & Document Codes
Civil Complaint – Unlawful Detainer
Civil Complaint
Civil Complaint – NRS Chapter 604A
Civil Complaint – NRS 97A.165
Civil Complaint – Writ of Possession
Civil Complaint – Special Complaint Types
Revised: June 30, 2011
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Civil Cases
• Include in the Document Title the Prayer Amount listed in the Complaint:
• The Clerk’s Office will email your Issued Summons to the filing party the next business day.
• If the generic court issued summons is insufficient for your use:
• Prepare your own summons and deliver to the Court for issuance after the case number has
been established.
• All summons issued must include all contents of the court issued summons.
Revised: June 30, 2011
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Case Initiation Impact: Unlawful Detainer &
Writ of Possession Civil Cases
1.
Use “envelope” feature to E-File Complaint first and then add any required documentation after
the Complaint has been submitted. Do not use “attachment” option for additional items that need
to be filed to get the hearing set.
2.
Once the case is opened by the Court, you will receive a generic summons by e-mail.
3.
E-File Notice of Trial if requesting a Trial to be set using the “envelope” feature.
4.
E-File any required ex-parte motions, applications, or requests to shorten time using the
“envelope” feature.
5.
Drop all orders to be signed by the Judge after the Submitter has received courtesy copy of the
supporting motion, application or request.
– Submit ORIGINAL orders for each: Order to Show Cause (if this type of hearing is desired) and Order
Shortening Time. Do not submit as one single order. Do not submit any copies.
6.
The court will E-File the signed orders with a courtesy copy to the lead attorney on the case.
(Include Email address in the Attorney Information on the pleading of the Order)
7.
Drop new summons to be issued with shortened time to answer indicated, if needed.
Rule 28. Ex parte orders. No proposed ex parte order shall be presented to a judge for signing before the case has
been filed with the filing office, given a case number, and assigned to a department.
[Added; effective January 1, 2007.]
Revised: June 30, 2011
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Eviction Case Types & Document Codes
Case Types
Document Codes
Summary Eviction – Landlord Initiated
Summary Eviction – Tenant Initiated
Must include: Affidavit of Complaint for Summary Eviction;
Notice(s); Affidavit of Service for each Notice; Certificate of
Mailing, if required based on how service was effectuated;
Lease Agreement, if one exists. Filed as one pleading using
this document code. List in “Document Title” all documents
included.
Clerk’s Office: Generates Orders to Constable. If the
Tenant has filed an Answer, the Clerk’s Office will reject the
filing and advise the Submitter to re-file on the
corresponding case number. Clerk’s Office will note in
comment section if item has been sent for Judicial Review
due to defective pleadings.
Constable Instructions: Filing party must add the correct
court case number to their instructions for the Constable’s
Office. The Court will no longer review the instructions for
accuracy. There is no need to e-file this item.
Motion to Stay = Missed Time to Answer, but has not had
a Summary Eviction Order Posted by
Constable (include notice)
Tenant Answer = Filed Within Stated Time on Notice
(include Notice with pleading)
Request to Continue in Possession – NRS 40.251(4)
Verified Complaint for Expedited Relief – NRS 118A.390
Forms available via Self-Help Website.
Revised: June 30, 2011
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Summary Eviction Landlord Complaint
1.
2.
3.
4.
Affidavit of Complaint for Summary Eviction
a. Ensure all signatures are legible and notary stamps are visible.
Notice(s) followed by Affidavit of Service for each Notice and Certificate of Mailing, if required
based on how service was effectuated
a. Ensure legibility on Certificate of Mailing of USPS stamp before leaving the Post Office
b. Ensure legibility of address of complex and units on Certificate of Mailing
c. Contract Postal Unit (CPU’s) stamps are not accepted
Lease Agreement, if one exists
a. Ensure all signatures are legible and visible.
List in “Document Title” section of Odyssey E-file & Serve all documents included in the
pleading and the exact address to be evicted
Screen Example – Without Lease Agreement
Revised: June 30, 2011
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Small Claims Case Types & Document Codes
Case Types
Small Claims Document Codes
• Single page Complaint form
• Followed by the proof of mailing of the Demand Letter (optional)
• Include claim amount in Document Title
Screen Example
Revised: June 30, 2011
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Protective Orders and Petition to Seal Criminal
Records Through E-Filing
Protective Orders
Petition to Seal Criminal Records
• Workplace Harassment Applications filed by
Businesses have a $49 filing fee plus $100 bond
due at time of filing and MUST be filed at the JC
Customer Service window.
• All other application types for Individuals:
Stalking & Harassment; Protection of Children;
and Sexual Assault have no filing fees and must
be filed using the “envelope” feature:
 Protective Order Application
 Confidential Sheets
• Out of State Registry must be certified
• Petition to Seal has a $49 filing fee and can be
submitted through e-filing. Once a case number
has been generated, the Submitter must drop the
original Order and copies along with fees for
certification.
 Once the Judge signs the Order, the
Clerk’s Office will certify the copies of the
Order depending on how many certifications
were paid at the time the Orders were
dropped.
Revised: June 30, 2011
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Fee Waiver Requests
• A request for Fee Waiver may be filed to initiate
a case or as a subsequent pleading.
• The Fee Waiver application and documents
received with the application must be filed using
the “envelope” feature.
Revised: June 30, 2011
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Viewing Items in E-File Queue
Revised: June 30, 2011
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Details of Filing
Revised: June 30, 2011
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E-Service
• To electronically serve a document, parties being served
must first file a Consent to Service by Electronic Means
and the Consent must contain specific provisions.
– Justice Court sample of the form is available on the Odyssey Efile & Serve Site with the E-Filing Rules. (Submitter will need to
modify Court name for Justice Court use.)
– E-File with the Court and serve on all Parties.
• To access the E-Service Master List or your E-Service
Contact List for a particular case click on the E-Service
List icon.
• Maintain the E-Service Master List, Contact List and
Contacts for each case.
Revised: June 30, 2011
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