SCOKY Amends eFiling Rules Effective August 1, 2018 (Part 2 of 2)

This post continues the discussion from the post made on August 1, 2018, about the new amendments to the Kentucky eFiling rules that became effective August 1.

New Section 11(1)(d) provides that an eFiler may not submit a document on another person’s behalf without the intent to represent the party in question or participate in the case. Violation of this rule could result in Rule 11 sanctions.

New Section 12(2)(c) provides that an eFiler “may” correct and re-file a noncompliant document that is returned by the clerk. Former Section 11(1)(c) provided that the party “shall“ correct and re-file it.

Both the new rules and the prior rules permit electronic service of a summons only when accompanying a cross-, counter-, or third-party-complaint on a defendant who has already eFiled in the case, and not when initially serving process on a party. The new rules deleted a provision in the 2015 rules providing that, if an opposing party has waived service, the plaintiff/petitioner “must indicate waiver of service in the filer envelope and include the waiver as an attachment.”

Electronic service of process should be distinguished from electronic filing of a summons with the initial complaint. Electronic filing is permitted, but the summons must still be served in one of the conventional methods, which are outlined in Section 12(A).

Both the new rules (Section 14(1)) and the prior rules (Section 8(6)) provide that the clerk will print documents that have been electronically filed and will continue to maintain a paper file that will constitute the official court record in each case. However, the new rules state that the Supreme Court “may designate pilot counties where the electronic court record may be designated as the official court record.“

New Section 16(3) provides that any fees paid for electronic filing may be recoverable as costs by the prevailing party under CR 54.

David Kramer is a Partner and Chair of the Litigation Section of DBL Law, with offices in Cincinnati, Ohio, and in Crestview Hills and Louisville, Kentucky.