Rules of Civil Procedure amended April 24, 2017 – e-filing of court documents
The Rules of Civil Procedure were amended on April 24, 2017 to add further specifics regarding e-filing of court documents. Litigators are encouraged to review all amendments. We highlight some of the changes below.
In a welcome step to using technology in the courts, parties (not just lawyers) may now file certain documents electronically (Rule 4.05), but not enforcement of orders (Rule 60.20).
Certain bilingual documents may now be filed electronically (Rule 4.02.1), including a request for bilingual proceeding and filing a consent to file documents in French.
Documents filed electronically are effective as of the date indicated in the Ministry of Attorney General’s authorized software, and documents filed after business hours are considered filed the next day that isn’t a holiday (Rule 4.05(7) and (8)).
A document signed on paper and subsequently filed electronically, such as an affidavit, must be kept until the earlier of a requirement under the Rules to file the document, and the 5th anniversary of the filing (Rule 45.05(9) and (10)).
A Statement of Claim or Notice of Action may be filed electronically where available (Rule 14.04), and the lawyer must provide a working email address to receive documents.
E-filing can make litigating easier and faster. Taran Virtual Associates has a table of amendments – the greyed out boxes in the table mark the e-filing changes – here. We encourage all lawyers to review the amendments.