The Judicial Committee on Information Technology issued a Request for Information on electronic filing (pdf). The questions (and their answers) from the vendor community are shown below. Responses have been received from the following vendors (listed in alphabetical order):
- AmCAD
- Austin Projects Group
- Crowe Horwath
- Intresys
- New Dawn
- Texas NICUSA
- Sierra Systems
- Sustain Technologies
- Tybera Development Group
- Tyler Technologies
The RFI evaluation committee is currently meeting in order to make a recommendation to JCIT.
Questions last updated: 5/11/2011
- What is the current volume and level of adoption broken out by Court, County, and Case Type?
| Jurisdiction | March |
|---|---|
| Harris District & County | 20,889 |
| Dallas District, County & Probate | 5,927 |
| Travis District, County & Probate | 5,160 |
| Bexar District | 2,009 |
| Collin District & County | 1,500 |
| Hidalgo District & County | 1,284 |
| Denton District, County & Probate | 1,233 |
| Fort Bend District & County | 1,159 |
| Cameron District & County | 705 |
| El Paso District, County & Probate | 644 |
| Brazoria District & County | 625 |
| Nueces District & County | 606 |
| Tarrant County & Probate | 446 |
| Bell District | 363 |
| Webb District & County | 319 |
| Hays District | 278 |
| Johnson District | 203 |
| McLennan District | 180 |
| Brazos District & County | 166 |
| Comal District & County | 152 |
| Smith District & County | 122 |
| Lubbock District & County | 114 |
| Guadalupe District & County | 98 |
| JP Courts | 94 |
| Grayson District | 72 |
| Midland District & County | 70 |
| Chambers District | 67 |
| Waller District & County | 64 |
| Victoria District & County | 60 |
| Burnet District & County | 55 |
| Potter District & County | 49 |
| San Patricio District | 42 |
| Kerr District & County | 41 |
| Wilson District Courts | 35 |
| Randall District & County | 33 |
| Austin District | 25 |
| Tom Green District | 22 |
| Supreme Court of Texas | 20 |
| Bandera County District Courts | 14 |
| DeWitt District | 12 |
| Hale District | 11 |
| 14th Court of Appeals | 11 |
| Fayette District & County | 10 |
| Bee District | 9 |
| Cass District & County | 9 |
| 1st Court of Appeals | 9 |
| Jackson District | 4 |
| Goliad District & County | 4 |
| Moore District & County | 4 |
| Henderson County District Courts | 2 |
| Schleicher District | 0 |
| Upton District | 0 |
| Total | 45,030 |
- Are there any plans to mandate electronic filing in the Texas courts? Are there any exemptions? - (Updated 5/11/2011)
The JCIT calendar subcommittee is exploring an implementation process based on population - beginning with the ten most populous counties. A suggested initial implementation is December 31, 2012. Although most of the ten counties have systems in place that could accommodate the volume of mandated e-Filing, there may be some systems that require an upgrade to be able to accommodate mandated e-Filing. The specific timeline depends on the EFM operator's ability to scale to the volume needed. Likewise, such an implementation requires Supreme Court or legislative authority.
- Of the $10.00 current transaction fee charged in the Texas Online project, is any part of that fee rebated or revenue-shared with the state or local government?
$2.00 to the county (which is optional, the county can waive this fee if they have no need to update interfaces to their case management).
$3.20 to the vendor (will eventually lower to $2.40).
$0.80 to the state (will eventually rise to $1.60).
$6.00 (average) goes to the Electronic Service Provider (EFSP). The EFSPs have different value added features that attorneys are willing to pay additional money.
2.25% of the grand total of the court filing fee + the fees above go for credit card processing.
- What are the current integration standards used between Texas Online and the local case management systems? - (Updated 5/11/2011)
- A requirement to support multiple E-Filing Service Providers was not emphasized in the RFI. In order to reduce the cost to filers, is the OCA willing to consider a business model utilizing a single attorney/filer portal?
- The RFI does not mention the use of Electronic Filing Service Providers (EFSPs) in the Request For Information (RFI) that exist in the current state eFiling model. What future role, if any, does the Judicial Committee on Information Technology (JCIT) foresee for EFSPs in the new State eFiling system?
- Who will provide customer support and training for users of the new eFiling system (all users attorneys, pro se, government, clerks, judges, etc.)?
- Are there any unique business requirements for governmental entities, pro se filers, indigent files, among case types, jurisdictions, etc? - (Updated 5/11/2011)
- Since JCIT is asking for a self-funded model, will the following filers be exempt from eFiling fees, court fees, all fees? - (Updated 5/11/2011)
- Government filers
- Pro se filers
- Judges
- Indigent filers (legal aid organizations)
Currently, statutes in place govern filing fees. JCIT anticipates that any e-Filing fees ultimately will be part of the initial filing fees filed by the plaintiff in a case.
- Will the new system require judge support - such as judges submitting and eServing orders electronically? - (Updated 5/11/2011)
- 11. JCIT is requesting functionality for process servers to retrieve documents electronically - will JCIT work with the state legislature to change laws to allow process servers to file affidavits of service electronically?
- How does the JCIT foresee the system handling clerk rejection errors and filing deadlines? What about filer errors and filing deadlines?
- Where will the eFiling application reside - is there a requirement to operate from the State's Data Center?
- When does the JCIT foresee implementing the new system? What is the anticipated timeline from contract award to production system implementation?
- The RFI states that the proposal should also include a Case Management System (CMS) and Document Management System (DMS) functionality. Is the intent to require the eFiling solution to be integrated into a single CMS or DMS?
- Since there are no Electronic Filing Managers (EFMs) of significant size in production in the US today, does the JCIT anticipate this will be a custom development project?
- Is the state looking for a replacement for a system to replace case management, e-filing system and document system?
- What will happen to the existing systems? Do we need to integrate them in place or migrate the data over?
- Will the state allows us to use existing payment gateways? It would provide us priority processing.
- RFI requires the software ownership by the state and implies changes to code by the state at its desire. Is this correct?
- The RFI talks about load balancing between the 14 court of appeals, what are the rules for load balancing?
- Regarding filer account creation, do we need to distinguish and/or verify attorneys from other users? If so, how can we verify user is who he/she claims to be?
- Looks like the system needs to store personal information such as borrower social security numbers etc. Please confirm.
- Will OCA/JCIT work with participating counties to standardize business processes statewide?
- Is OCA/JCIT willing to mandate NIEM 4.0, OASIS 2, or other compliance standard statewide?
- Is there existing research that projects or calculates future growth rate, especially with respect to criminal filings?
- Is there any research that shows the percent of Criminal Filings that are actually Indigent?
- Section 1.4 states "Comply with national electronic filing standards (ECF) and any extensions required to support the initiative." Can you please provide a specific list of all known standards that the system is required to comply with (ECF for example)?
- Please define or provide examples of "free-form pleadings and form based filings".
An electronic form-based model avoids some of the issues with an image-based system such as: (1) unnecessary bandwidth on networks that are already stressed; (2) too much storage capacity, which can become difficult to manage; and (3) too much CPU capacity to manage the imaged documents.
Standards/Smart Forms Recommendation
JCIT should partner with other stakeholders to promulgate a number of standard forms for use in judicial processes. Forms should be developed for filing various pleadings and motions with trial courts. The goal for the culmination of this project is that each form will be accepted by any court in the State having subject matter jurisdiction for the case type covered by the form.
In addition to having standard forms accepted statewide, the computer-file version of each form will contain the form's filled-in data as XML data, so that the filled-in form data can be extracted as data when it arrives in a court clerk's office. This will eventually enable (but not require) a new level of automation in court clerk's offices as they receive the forms as electronic filings and extract the data directly into their court case management software systems without human intervention. Examples of this concept can be found at:
http://www.texaslawhelp.org/documents/clusters/TX/457/English/texaswithout.shtml (see interactive forms).
- Local Custodian of Record seems to present an obstacle to centralized public access. What progress is being made in order to accommodate this either via rule or other process?
- Does OCA anticipate providing the infrastructure necessary to host the eFiling system?
a. If no, what are the costs associated with hosting in the OCA data center?
If a turnkey system would be provided, the costs would include:
- Server hardware
- Server software
- Additional bandwidth to accommodate increased volume
- In Section 2.5 Specifications - Process Overview, capturing payment is only mentioned for Civil filings? How does OCA plan to capture court costs for Family/probate/criminal matters?
- In Section 2.5 Specifications - Process Overview, Step 7: Notification to Filer of Acceptance - Did OCA intend for Vendor to execute electronic service of process as indicated by the filer?
- Can you please provide a list of counties/jurisdictions that would be interested in a case and/or document management system?
- What is the transition strategy from the existing system?
a. Will migration of existing data be required?
Ideally a transition strategy that would not require a data conversion would be ideal.
- If yes, what types of data (e.g., scanned documents with large file sizes)?
- What would the required date range be for previously filed documents?
- What type of legal controls will need to be in place to handle, store, archive, and for the user to access the migrated data?
Preferably not, but given the size of the legacy system, concurrently operating the systems may be unavoidable.
c. Is your preference to convert existing customers and their information to the new system before bringing on new users?
JCIT has no preference. We'd want you to consider each customer and make a determination on when to bring them onto the system.
d. Is backward compatibility required?
Backward compatibility with the legacy system is not required if the EFSPs have been properly engaged, if the vendor doesn't engage the EFSPs, then the new interface will need to be backwards compatible.
- What type of support will the Process Servers need?
a. If remote process documentation preparation is required, what would be required to prepare a document for service if the server is in a remote location?
This would need to be explored in a later phase.
b. Does Process Server support require information that is outside of the EFM (e.g., in a case management system)?
No
- Are there any court-specific requirements for safeguarding private/sensitive information (not relating to payment processing)? Are there any court-specific requirements for safeguarding sealed records?
In addition, documents filed "ex parte" should not be served upon opposing counsel, so the system should allow for such.
- Will indexing of court documents be required?
a. If yes, are there specific requirements for indexing?
The ability to easily search an index for applicable documents is the main objective. Obvious indexes could include the parties, the attorneys and the subject matter.
b. How many documents will be expected per index?
Unknown
c. What is the expected average document size (in MB)?
This is unknown and will vary wildly depending on the document being filed.
d. With the advances in technology (e.g., video) will file size grow over time?
As technology changes, we'd expect to review the file size limits to ensure their applicability.
e. Will searches be limited to the Electronic Filing Manager (EFM) or will searches need to include results from other sources too?
We're envisioning the index to be derived from all court documents that are publicly accessible.
- What are the retention requirements for court case documents? Please include any specialized requirements (e.g., Juvenile or sealed records).
- What are electronic filing rules for criminal eFiling?
- In reference to the 4th bullet on Page 4, can JCIT provide format requirements for "export format"?
- What is the average number of views per Civil Record? What are the peak views per hour for Civil Records? What are the peak filings submitted per hour for Civil Records?
- What is the average number of views per Criminal Record? What are the peak views per hour for Criminal Records? What are the peak filings submitted per hour for Criminal Records?
- What are the current costs per record view per county?
- On Page 12, does OCA intend that the eFiling vendor execute service of process (TRCP 15) or is the requirement that "Vendor executes service of copies as indicated by the filer" (TRCP 21a)?
- On Page 14, does OCA prefer a separate envelope for the original and each of the two copies, for a total of three separate envelopes, or can all three be placed in one envelope?
- Please define the vision of a public facing portal and its functional components specified in 1.4 as well as the clerk and court systems in the context of ECF.
- Please define Electronic Filing Manager (EFM) functionality in the context of ECF and its capacity requirements.
- Is the "easy to use internet based portal that supports both free form pleadings and form based filings" envisioned to function as Electronic Filing Service Provider (EFSP)?
- What would be the role and tenancy in that portal of the existing EFSPs?
- What integration options with the DIR provided payment gateway are available?
- Is the existing integration between current e-filing system and courts based on NIEM, ECF4 or?
- What "application development for specialized filer needs" is envisioned?
- Please clarify: if the compliance of the system with ECF is required what "transactional interface formats utilized beyond ECF standard" are being referred to?
- Are all of the filings in civil cases require a court fee, what are the exceptions, if any?
-
How many filings per case are in other case types, besides civil and criminal already mentioned?
(Family, Juvenile, etc)
- Are traffic and non-traffic misdemeanors cases included in the scope of the requested system?
- Does the compliance of the system with ECF standard envisions XML schema, architecture (MDE) and the methods as defined in ECF?
- Is the strict adherence with system functionality in 2.5 a mandatory requirement?
- What is "service type" and where "parties" data comes from in 2.5 Step 3, 2nd bullet?
- Step 4 in 2.5 states that payment is only for civil filings, what about other filing types (divorces and others)?
- What notification option(s) are used now and envisioned in the future system to alert the court that the filing is available for review?
- Where the acceptance and rejection of the filings occurs: in the court CMS, Clerk module, future system or?
- Are the filing fees consistent across the state?
- Is the payment gateway services in 3.4 are a single or multiple gateways?
- Please provide a copy of the Exhibit A Execution of Submission form.
- In the response to question 1- are those the number of civil filings?
- What portion, if any of the revenue shared with the state/local agencies must transition into new system?
- What is the anticipated timeline for releasing an RFP and making an award for this project?
- Your response to Question #1 indicates that there were approximately 45,000 filings during March 2011. Does the JCIT data analysis indicate a growth trend year over year for the number of filings?
- How many case management systems do you have presently?
- Presently, which forms are filed electronically? What % of all forms can be filed electronically?
- How many EFSP systems do you currently have? Which systems?
- We understand it needs to be a self-funding model. But, is there a budget/funding for the upfront cost, e.g., implementation, development, integration, etc?
- What percent of the filers are exempt from fees?
- If vendor is expected to market this service, how will the marketing cost be funded?
- Will all the courts be involved in this initiative?
- What is your rollout plan? By county? courts? Case types?
- Ultimately, what is the maximum expected volume without the mandatory compliance? With the mandate?
- Do you have a forecast for the growth in volume and in adoption rate for the next 5 years?
- You showed the number of electronic filings per county. Do you also have the corresponding adoption rates?
- Are all court documents, once filed, available and searchable for everyone / public? If not, what are the protocols and procedures for an electronic system to be notified that a particular set of court filings are to be private or accessed by only certain persons?
- What is meant by "Specialized Filer Needs" and what is meant by application development, in the past, for these persons or entities?
- What is meant by "process servers?"
- Currently, is it that only civil cases collect filing fees? Are no fees collected by criminal cases? And for civil cases, do both the petitioner and defendant average 10 filings per case?
- Is there an existing workflow diagram or Visio chart outlining the current process for how a court will review and make a decision on the accept/reject process of a court document that has been filed?
- How and when does the current vendor get paid? Is it that they collect a $4 dollar fee per electronic filing per case or from both the petitioner and defendant?
- What are the yearly financial receipts for the current vendor for this process?
- Is the current vendor participating (been notified or is expected to participate) in this RFI?
- Of all civil cases, what percentage of cases filed electronically over the past several years?
- What was the initial / original financial model (cash procurement, gain share, $4.00 per filing) with which the OCA and the current vendor began the electronic filing program? Has it changed? If so, how so?
- Is the State of Texas and/or the OCA expected to or willing to make electronic filing for civil cases mandatory?
- Other than the stated lack of statewide adoption rates for electronic filing and the lack of marketing efforts, what are other problems or concerns with the system and current vendor?
- Would you be willing to share your Base Case? If so please provide.
- Would EFSP provide integration to the new vendor?
- Would the current EFSP remain or be replaced?
- What are the 'frills' that the EFSP are providing today? Are there expected changes for the future?
- Will the EFSP continue to provide the payment portal?
- Can you provide a diagram/flow chart illustrating the workflow for the case file and for the payment flow?
- How many counties currently have integration with the current vendor and the local case management software?
- Is it a valid to assume that the existing provider of first level of support for Help Desk will remain? And that they will be required to support the routing of issues to the new vendor? What are the expectations of the new vendor to support this transition?
- Please describe the current process for customer support? And how does this vary for the different counties?
- Please describe the current customer support model and the current training model? What would you expect from the new vendor as it relates to these areas?
- The RFI calls for the new vendor to support marketing efforts to increase county participation. Can you share your vision around the marketing plan? And what would JCIT's role be in this marketing effort?
- Please clarify the statement "ownership of the Electronic Filing Manager." Does this mean that the State wants to own the source code?
- Please clarify the statement "process servers." Does this mean the state would like a vendor to provide individuals who can effect service of process of complaints, summons and warrants?
- The RFI states that "to date, there are 374 courts in 47 counties using the statewide eFiling system." Please clarify if the intent of this RFI is to replace the existing statewide efiling system provided by Texas.gov. If yes, then is the intent to replace the existing statewide eFiling system solely because of the additional costs ($100) that the filers have to pay when they file a case electronically?
- Payment Gateway: The RFI states that "...Respondents should propose integration with the existing payment gateway." Please provide a list of approved payment gateway services used by the State of Texas.
- How many different types of CMS' does the State of Texas have? Please provide their names and vendor information. This will help in determining the integration effort with the existing CMS systems.
- How many different types of Document Management Systems are in use in the State of Texas? Please provide product names and vendor information. This will help in determining the integration effort with the existing DMS systems.
- Does the OCA infrastructure have an existing enterprise level document management system?
- Are "criminal case filings" in scope for the Statewide eFiling solution?
- For responses to section "3.1.2 Provide approximate costs of products and services suggested for use", does OCA have a preferred template to be filled out for cost estimates?
- Does OCA have a list of functional requirements that may be shared?
- Page 13 of the RFI states "Failure to sign and return the Exhibit A Execution of Submission with the submitted Response will result in rejection of the submittal." We are unable to locate Exhibit A. Please let us know how we may obtain a copy of Exhibit A for submission purposes.
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Updated: 25-Jul-2011
