The implementation of e-filing systems like Odyssey File & Serve (OFS) has modernized court processes, bringing efficiency and convenience to legal professionals and the courts. To maintain this essential platform, a user fee is in place. This article breaks down the OFS e-filing fee, ensuring you understand when it applies and how to navigate it effectively.
What is the Odyssey File & Serve (OFS) e-Filing Fee?
The OFS e-filing system, managed by Tyler Technologies, requires a user fee to sustain its operations and continuous improvement. This fee is set at $14 per filer or firm, per case. It’s important to note that this is a one-time fee per case, triggered upon a party’s initial electronic filing with the court. Whether you are initiating a new case directly with the Supreme Court or appealing to the Supreme Court, the $14 e-filing fee will generally apply as a new case is established within the system.
When is the $14 File and Serve Fee Applied?
While the fee is generally applied upon the first filing in a case, certain situations can lead to the fee being incurred more than once. These include:
- Change of Representation: If a party changes legal representation, whether an individual chooses to represent themselves (pro se) after being with a firm, or switches from one law firm to another, the “new” filer will incur the $14 fee upon their first e-filing. This applies even though the party involved in the case remains the same.
- Multiple Law Firms Representing a Single Party: In cases where a party is represented by more than one law firm, each individual law firm will be charged the $14 fee when they e-file for the first time within the case.
If you believe you have been incorrectly charged the $14 fee under any other circumstances, it is advisable to contact e-file support to request a refund. You can reach OFS e-file support via email at [email protected].
Convenience Fees for Payment Processing
It’s also important to be aware of convenience fees associated with payment processing. These fees are separate from the OFS e-filing fee and are collected by Chase Bank for processing payments. Currently, these convenience fees are 2.89% for credit card payments and $1.00 for eCheck payments. These fees are consistently applied for the convenience of using these payment methods.
Exemptions to the File and Serve Fees
Fortunately, there are several exemptions in place that may waive the OFS e-filing fee. Some exemptions are automatic, while others require selecting a waiver payment account during the filing process.
Automatic Exemptions:
- Criminal Filings: All criminal filings are automatically exempt from the new case fee.
- Cases with No Court Fees: In any case type where there are no underlying court fees, the filer will also not incur the OFS user fee.
Exemptions Requiring Waiver Account Selection:
For the following exemptions, filers must choose a waiver payment account when e-filing:
- Statutory or Rule Exemptions:
- Government and appointed filers, as per 32 V.S.A. § 1433 and 2020 Vermont Rule of Electronic Filing 10(d)(1).
- Requests for Orders Against Stalking or Sexual Assault, pursuant to 12 V.S.A. § 5133(f).
- Requests for Relief from Abuse, pursuant to 15 V.S.A. § 1103(f).
- Requests for Abuse Prevention for Vulnerable Adult, pursuant to 33 V.S.A § 6933(b).
- Economic Hardship Exemptions:
- Fee waiver determination, pursuant to 32 V.S.A. § 1431(h) or 32 V.S.A. § 1434(b) in Probate cases.
- Fee waiver determination, pursuant to V.R.C.P. 3.1 and V.R.P.P. 3.1.
Detailed instructions on how to set up a waiver account are available here. Understanding these fees and exemptions is crucial for efficient and cost-effective e-filing through Odyssey File & Serve.
