Mastering File&Serve: Your Comprehensive Guide to Electronic Court Filing

Who Can e-File with File&Serve?

File&Serve is designed to accommodate a wide range of users involved in the legal process. Any litigant has the option to e-File through the File&Serve system. For attorneys and governmental agencies, e-filing is not just an option, but a mandatory requirement in many jurisdictions. To begin using File&Serve, registration is essential. You can easily register here to gain access to the system’s powerful e-filing capabilities.

Getting Started: How to Register for File&Serve

Registering for File&Serve is a straightforward process designed to get you up and running quickly. Simply visit the Odyssey File and Serve website here and click the Register button.

The platform also provides valuable resources to assist first-time users, including self-help tutorials, frequently asked questions, and web training sessions. These resources are invaluable for understanding the system and ensuring a smooth initial e-filing experience.

The registration process involves setting up all necessary information for e-filing. This includes:

Individual e-Filers: Completing personal contact information, setting up Attorney or Service Contacts as needed, and establishing Payment Account(s).
Firm e-Filers: For firms with multiple users, the process includes Firm Administrator information, Firm contact information, details for individual e-File users, Firm Attorneys and Service Contacts, and Payment Accounts.

When setting up Payment Accounts, File&Serve offers flexibility by allowing multiple Payment Accounts for different Payment Account Types:

eCheck (ACH): Utilizes a bank account for payments.
Credit Card: Accepts MasterCard, VISA, or American Express.
Waiver: Designed for indigent filers or groups exempt from filing fees.

Special Considerations for Out-of-State Attorneys

For attorneys practicing outside of the state and lacking a local Bar License Number or Pro Hac Vice License Number, registration with OFS requires an Individual Account setup, rather than a Firm Account. This is a crucial distinction as these filers will not be able to add a filing attorney in the envelope before submission.

Managing Email Addresses in the Legal Ecosystem

Attorneys need to manage their email addresses across several platforms to ensure they receive all necessary court notifications and maintain proper communication channels. Here’s where attorneys need to register their email addresses:

E-Cabinet: Attorneys should register up to three email addresses in e-Cabinet to receive electronic notifications directly from the court. These notifications include hearing notices, orders, and general court correspondence.
File and Serve: Registration with File&Serve requires an attorney’s professional email address. It’s also essential to add this email address as a Service Contact to the Public List within File&Serve, adhering to V.R.E.F. guidelines. Attorneys can also designate support staff to receive eService copies.
Court (Odyssey Navigator): Keeping the court informed of any email address changes is vital for maintaining up-to-date contact information in Odyssey Navigator, the court’s case management system. Updating your email in one court within the Odyssey system updates it statewide. This ensures local courts can reach attorneys directly when needed, separate from electronic notifications.
Public Portal: Attorneys use their email address to register for the Public Portal, a separate platform providing customized access to court records, hearing calendars, and other public data. Note that the Public Portal is distinct and not linked to File&Serve.
Vermont Attorney Portal: This newest platform serves attorneys and bar applicants for licensure-related activities. Initial registration should use a personal email address, which becomes the permanent username for the Attorney Portal. Post-registration, attorneys should update their profile to use their professional email address for Odyssey system listings. Regularly updating contact information here ensures accuracy in the court’s case management system.

Understanding Bar Numbers and Attorney Numbers in File&Serve

Vermont attorneys e-filing through File&Serve must register using their Bar Number, referred to as the Attorney Number within OFS, not their e-Cabinet ERN number. It’s important to note that only Firm Administrators have the authority to edit Bar Numbers within the firm attorney section.

Using an incorrect Bar/Attorney Number can lead to filing errors and rejections, necessitating refiling. To correct or edit the Bar Number after registration:

Log into the OFS site.
Click Actions in the top left corner.
Select Firm Attorneys.
Click on the attorney’s Name to edit their information, including the Bar Number.

Firm Account Management: Replacing a Firm Administrator

For contingency planning, it’s advisable to have multiple individuals with firm administrator credentials. However, in situations where a firm administrator is no longer available, firms must contact Tyler Technologies’ Support to assign a new administrator. You can reach Tyler Technologies Support at 1-800-297-5377 or via email at [email protected].

Service Contacts: Ensuring Proper Electronic Service

Electronic service is a cornerstone of File&Serve, requiring attorneys to electronically serve opposing counsel unless alternative arrangements are made. Attorneys must add their service contact information to their firm account and ensure they check the “Make This Contact Public” box to be discoverable for service.

It’s crucial to understand that attorneys should only add their own firm’s service contact information, not service contacts for attorneys outside their firm.

To add your firm’s electronic service contact information: Navigate to Actions, then Firm Service Contacts, and select Add Service Contact.

To make the electronic service contact information publicly available, simply check the “Make This Contact Public” option.

What to Do If You Can’t Find a Service Contact

If you cannot locate opposing counsel on the Public Service Contact List, do not add them as a service contact yourself. Service contacts should only be selected from the Public Contact List. Alternatively, opposing counsel can add themselves to a case for service, which will default to e-service if “Efile and Serve” is selected. If neither of these is possible, service must be performed via traditional methods.

Deleting Out-of-Firm Service Contacts

Firm administrators are responsible for maintaining accurate service contact lists. This involves regularly deleting service contacts for recipients outside their firm or organization. The best practice is to maintain firm service contacts exclusively for members within your own organization to prevent duplicate listings and confusion.

To delete service contacts:

From the Actions dropdown on the Filer Dashboard, select Firm Service Contacts.
Locate the contact you wish to delete.
From the Actions dropdown next to the contact, select Delete Contact.
Confirm deletion by clicking Delete.

Electronic Service Functionality in File&Serve

File&Serve enables filers to electronically serve filings on relevant parties. To utilize e-service, the “Filing Type” must be correctly updated. While the default is “Efile,” for electronic service, filers must select “EFileAndServe” and then specify the parties to be served.

After selecting the Filing Code and attaching the document, click Save Changes. The Service Contacts box will then appear. Click Actions next to the party and choose Add From Public List to add the attorney’s service contact information.

Remember, service contacts must be selected for each individual Lead Document and its corresponding Filing Code. Electronic service via File&Serve is not immediate; the document is served after clerk review. If e-service is not required, courtesy copies can be sent by adding email addresses in the “Courtesy Copies” field.

Adding eService Contacts to Specific Cases

To add an eService contact to a particular case:

From the OFS dashboard, click Actions, then Filing History.
Locate the case using “File into Case” or Filing History Search.
From the Actions dropdown for the case, select View Service Contacts.

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Find the party and from their Actions dropdown, select Add From Firm Service Contacts.

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Select the checkbox next to the service contacts to add and click Close.
Click Close again to return to Filing History.

Removing Yourself as a Defaulted Service Contact

To stop receiving e-service in a case where you are no longer involved:

On the File&Serve Homepage, click File Into Existing Case.
Enter the Case Location and Case Number.
Once the Case Number appears, click Actions.
Click View Service Contacts.
Locate the previously represented party; your name should be listed as a service contact.
Click Actions next to your name.
Click Remove Contact.
Close the window.

This action prevents future e-service. If you continue to receive service after ceasing representation, notify the filer directly to remove you from their service contact list.

Filing Codes: Selecting the Right Category

Choosing the correct Filing Code in File&Serve is crucial for proper case categorization and processing.

New Cases (Civil, Probate, Family): Use “Initial Filing” to file the complaint.
Criminal Cases: Select from codes like “State’s Attorney Information and Probable Cause Affidavit,” “Citation,” “Arrest Custody Report,” “Investigative Request,” or “Civil Miscellaneous Case Filed.” Note that the Judicial Bureau does not allow e-filing of new tickets.
Environmental Division: Use codes such as “Notice of Appeal to the Environmental Division,” “Complaint Filed,” and add other initiating documents as necessary.
Subsequent Filings: Choose the Filing Code that most accurately describes the filing. Exact matches may not always exist, so select the closest option. Generic codes like “Document” and “Motion” are available. For “Motion,” specify if it’s a prejudgment (no fee) or post-judgment motion (usually fee-based).

For division-specific guidance, refer to the user guides available here under “Odyssey File and Server User Guides.”

Specific Filing Code: Motion to Withdraw

For a “Motion to Withdraw Limited Appearance Without Fee,” use the Filing Code “Motion to Withdraw Limited Appearance,” which incurs no fee.

Document Preparation: PDFs, Naming, and Size Limits

Preparing PDFs for e-Filing

To e-file form-fillable PDFs, including court forms from the judiciary website, you must first save them as a flat file. Failure to do so can cause filing failures and necessitate refiling.

Steps to “flatten” a fillable PDF form:

Open the fillable form.
Add all required data.
Right-click on the document and select Print. (In Adobe, go to File and select Print.)
Choose a PDF printer (like Adobe PDF, automatically installed with Adobe Acrobat, or free alternatives available online).
Click OK.
Choose a location to save the flattened PDF version.
Click Save.

Naming Documents Effectively in File&Serve

Clear and specific document naming is essential for court efficiency. Both the Filing Description and Document Description fields are limited to 100 characters, including spaces. Exceeding this limit can cause errors and delay filing acceptance.

If a filing is urgent, indicate this in the Filing Description to ensure clerks prioritize it.

The process starts with selecting the most appropriate Filing Code. While many codes are available, generic options like “Document” and “Motion” exist for less common filings.

For the Lead Document, the description field auto-populates with the Filing Code, which may be sufficient. However, you can edit this field for more specific naming.

For attachments to the lead document, the description field also defaults to the Filing Code. You will typically need to revise these descriptions to accurately label each attachment.

E-Filing Exhibits for Hearings

For exhibits intended for trials or evidentiary hearings (distinct from motion attachments):

FILING CODE: Select “Exhibit” and in the “Filing Description,” specify the party and hearing (e.g., “Plaintiff’s Exhibits for 10/1/22 Motion Hearing”).
EXHIBIT LIST: Attach the Exhibit List as the lead document, describing it in the Description field, e.g., “Defendant’s Exhibit List for 10/1/22 Motion Hearing.”
EXHIBIT LABELING: Mark each exhibit with a label. Plaintiffs/Petitioners use numbers; Defendants/Respondents use letters. Attach each exhibit as an attachment to the exhibit list, labeling each with specificity in its Description field.
Important Notes: Do not combine multiple exhibits into single PDFs or file each exhibit as a separate lead document.
WITNESS LIST: Attach witness lists as attachments to the exhibit list, labeled as “Witness List” in the description.
NON-EFILED EXHIBITS: List exhibits that cannot be e-filed (multimedia, physical items) on the exhibit list, with details on their submission method and timing.

Handling Family Service Fees

To select and pay for Family Service Fees, after choosing a Filing Code and uploading your document, click the “Add Optional Services and Fees” button, then use the dropdown to make your selection.

Managing Document and Envelope Size Limits

File&Serve has size limits: 35 Megabytes for documents and 50 Megabytes for envelopes. If documents exceed these limits, compression is necessary.

Document Compression Methods:

Adobe Acrobat (Standard or higher): Open in Adobe, click “File,” “Save As,” then “Reduced Size PDF.” Save and check the new file size in Document Properties.
Scanning: Print and rescan documents at 200 DPI in black and white to reduce file size.
Online Compression Tools: Use websites like smallpdf.com or easepdf.com to compress PDFs.

If documents remain too large after compression, split them into multiple parts and file across multiple envelopes if needed.

Envelope Rejection and Refiling

Refiling After Rejection

Filings can be rejected for reasons like unsigned pleadings, unredacted confidential information, or improperly separated motions. If rejected, you can refile a corrected version by copying the envelope within 7 days of rejection (except for new Criminal cases due to a technical issue).

Envelope copying is only possible if all Lead Documents in the envelope were rejected. If any documents were accepted, copying is not an option. Copying the envelope retains the original filing date.

Steps to Refile by Copying a Rejected Envelope:

Log into your OFS account.
Select Returned Filings.
Find the rejected envelope.
Click Actions.
Click Copy Envelope.
Correct the filing, which may involve replacing documents.
Complete the submission process.

Refiling Envelopes with Errors

Envelopes can also be rejected due to errors like incorrect Bar Numbers, improperly flattened PDFs, or template issues. In these cases, you’ll receive a rejection email detailing the error. Refiling requires creating a new envelope, not copying the rejected one, as copying may perpetuate the error. In the new envelope, include a note to the court indicating it’s a refiling of a rejected envelope from “x” date to retain the original filing date.

Financial Reconciliation and Fee Management

Financial Reconciliation Reports

The Financial Reconciliation Report helps reconcile filing fees with credit card statements at the envelope level.

To run a report:

Click Actions.
Click Reports.
On the Reports page, in the Financial Reconciliation Report panel, click Run Report.
Set Report Parameters:
- “Filings Submitted By”: Choose “Me” or “My Firm.”
- “From” and “To” date fields: Select a date range.
- “Locations”: Select all.
- “Status”: Select all.
Click Download Report.
Open or save the report (compatible with Microsoft Excel).

Fees paid through the Attorney Licensing Portal and File&Serve may appear on the same statements if using the same payment method. Investigate unknown fees by checking with the attorney, as they may relate to Attorney Portal expenses.

Party Responsible for Fees

At the end of e-filing, always designate the party responsible for fees as yourself or the party you represent. If representing multiple parties, consistently choose the same party each time to avoid duplicate e-file use fee charges.

Understanding the $14 e-Filing Use Fee

As of April 2, 2021, a $14 e-filing use fee is charged by Tyler Technologies upon the first filing into a case by each filer. If representation changes to a new firm, the fee applies to the new firm’s first filing, even without a party change. When assigning fee responsibility, always select the same party to prevent extra charges.

If multiple envelopes are filed into a case before clerk review, each may initially show the $14 fee. However, subsequent envelopes from the same filer will have the fee removed once the first envelope is accepted.

Fee waivers are available for proceedings related to relief from abuse, vulnerable adult abuse prevention, stalking/sexual assault orders, and for those unable to pay court fees under specific statutes and rules. Court staff and officials acting on behalf of the court are also exempt. Exempt filers should use a waiver payment account.

Addressing Duplicate $14 Use Fee Charges

The $14 use fee might reappear due to system merges that correct duplicate records. If a fee-paid entity merges into a non-fee-paid entity, the fee may be reassessed. For refunds on duplicate charges, contact [email protected] with the two envelope numbers charged.

Consistently selecting the same responsible party for fees is crucial. Contact [email protected] for refunds on incorrectly charged duplicate fees due to party selection errors.

Interaction Between File&Serve and Attorney Licensing Portal Registration

For File&Serve, attorneys should register with their professional firm email address, either as a Firm or by joining one. Conversely, the Attorney Licensing Portal requires registration with a personal email address, as professional emails can change.

Important Notes:

The Attorney Portal shares a registration database with File&Serve, preventing use of the same email for both.
Creating an Attorney Portal account also creates a second File&Serve account. Always log into File&Serve with your professional email credentials, not personal ones. Be cautious if your browser auto-saves logins to use the correct professional credentials for File&Serve.

Filing with a personal email address is possible but incorrect. Payment accounts might be set up for licensing fees, masking the error. Always verify you are using professional credentials for court e-filings. Attorney Portal fees will appear as eFile fees, requiring reconciliation under the attorney licensing account if firm cards are used for licensing payments.

Filing Documents Under Seal

For filing documents under seal, if you are comfortable with the clerk viewing the pleading, file through File&Serve, select “Confidential” document security, and add a comment requesting sealing. The clerk will prevent public viewing on the Public Portal. If complete confidentiality from even court clerks is required, paper filing is necessary.

Getting Help with File&Serve

For technical issues within the File&Serve website, contact Tyler Technologies directly at 1-800-297-5377 or [email protected]. A chat function is also available on the File&Serve site.

For process-related questions, email [email protected]. For specific form or procedural questions, contact the relevant court directly.

By understanding and utilizing these guidelines, you can effectively navigate File&Serve, ensuring efficient and compliant electronic court filings.