This article is published courtesy of the January 2009 edition of De Novo, published by the State Bar Appellate Practice Law Section.

Feb. 4, 2009 – The Wisconsin Court System is expanding the use of eFiling into the appellate courts. As of July 1, 2009, attorneys in Wisconsin will be required to file briefs and no-merit reports on appeals cases electronically via the court system’s eFiling web site. For Supreme Court cases, attorneys must file petitions for review and subsequent responses electronically. At a hearing on Oct. 28, 2008, the supreme court unanimously amended its rules to require electronic filing by attorneys. This rule requires the filing to be provided in a text-searchable, Portable Document Format (PDF).

The appellate courts and the supreme court will still require paper filings, which will be used for jurisdictional purposes.

Attorneys and the public will benefit from the court’s decision to make electronically filed appellate briefs available online.

Creating Text-searchable PDF Documents. To comply with the rule, attorneys will need to convert their documents from a word processing format, such as Microsoft Word or Corel Wordperfect, to PDF. This can be accomplished in many ways. For users of Microsoft Office 2007 you can create PDF files from within Word using the free 2007 Microsoft Office add-in: Microsoft Save as PDF or XPS. Users of WordPerfect version 9.0 or later have the ability to create PDF documents within WordPerfect. Macintosh users have PDF functionality built into the print feature, which means any document that can be printed can be saved as a PDF.

Adobe created the PDF file format, and they continue to provide tools for creating PDF files. It provides a subscription-based Web site called Create Adobe^® PDF Online. Using this web-based service you can create unlimited PDF documents for a monthly fee of $9.99 or $99.99 per year.

Adobe also provides Adobe Acrobat, which has a standard edition costing around $300 and a pro edition for around $450, that allow users to create PDF files from any application that can print.

Other options for creating PDF files include web-based services such as Scribd. Scribd is a free document-sharing Web site that allows registered users to create PDF files. Filer can also install additional desktop software including Open Office and CutePDF to create PDF files. Open Office is a free cross-platform office application suite that includes the ability to create PDF files. Open Office runs on Microsoft Windows, Mac OS X, Linux, and OS/2. CutePDF provides both free and professional versions for creating PDF files on Windows.

Creating an eAccount with the Wisconsin Court System. In order to electronically file appellate documents, attorneys must first create an eAccount with the Wisconsin court system. Attorneys that electronically file circuit court cases or who have created a CLE Report of Compliance online, can use their existing accounts to file appellate documents electronically.

To create a new account, go to https://login.wicourts.gov/ and select ‘Register for a new account’. Once you agree to the terms of use, you simply select a username and password, fill out the required contact and attorney information, and select ‘Create Account.’ The system will automatically generate a personally identifiable number (PIN) which will be sent to your email account. You will need to enter your PIN to confirm and enable your account for use. Your PIN will also be used any time a document will need to be electronically signed.

Uploading a Document. Once you are logged into the eFiling web site, choose to upload a file to an existing case. Enter the case number and a document title, browse to the file, select Upload, select Next. Users have the opportunity to preview the file, and once they file the document, they must enter a PIN number provided to all eAccount holders. The document must first be reviewed and accepted by the courts before it will display on WSCCA.

The State Bar offers its members the opportunity to network with other lawyers who share a common interest through its 26 sections. Section membership includes access to newsletters, email lists to facilitate information sharing, and other resources.

Tim Duggan is with the Consolidated Court Automation Project.