Электронная система подачи документов в судах Сингапура (EFS)

the filing system of the United States Patent and Trademark Office

The Electronic Filing System (or EFS) is the Singapore Judiciary's electronic platform for filing and service of documents within the litigation process. In addition, it provides the registries of the Supreme Court and the Subordinate Courts with an electronic registry and workflow system; and an electronic case file. Recent enhancements have added a module which facilitates the conduct of hearing using documents that have been electronically filed. The EFS provides the legal profession with a rudimentary online case file from which documents can be electronically filed with the courts or served on the other parties in a case. The EFS is also the source for electronic cause book searches that are provided through the Litigation module of LawNet. EFS is set to be replaced by iELS eventually.

The Electronic Filing System (EFS) was implemented by the Singapore Judiciary to provide a platform for Law Firms (LFs) to file documents to the Courts electronically over the Internet. The EFS was specifically designed to fully exploit the electronic super highway to minimise not just the physical movement of people and paper court documents from LFs to the Courts, but also to leverage the benefits of electronic storage within the Courts: i. e. faster document filing and retrieval, eradication of the misplacement of case files, concurrent access to view the same case filed by different parties, etc. Within the Courts, the EFS allows electronic documents to be automatically routed to the appropriate registry staff for processing. The system allows further routing within the courts e. g. for approvals by the Duty Registrar and a reply is then sent out by the Registry staff which is routed back to the originating LF. This has enabled realisations of improvements in efficiency by minimising paper flow to shorten case processing time. Fees payable by the LFs for filing documents to Court are deducted automatically by the EFS. The whole process is fast, convenient and efficient. For the LFs, the EFS provides an electronic case file showing hearing dates and documents file by them, served on them or received from the Courts. It also provides an electronic platform for the service of documents on other LFs. The EFS also allows for faster response as well as accurate and up to date information. Hence, other benefits of the EFS include the speedy inspection of documents electronically and the ability to request for and receive electronic extracts of documents via the Internet. Electronic cause book searches and legal research are also available through LawNet. Lawyers can even obtain details of hearing fixtures via Short Messaging System (SMS) using their mobile phones. Within the court room, registrars make use of the EFS to conduct hearings in chambers electronically using the EFS.

The EFS FE is a web based solution that LFs access from their PCs via the Internet. A LF needs to register in order to gain access. Upon registration, the LF would be issued with smart cards containing the digital certificates from the Court’s Certification Authority. The FE provides LFs with an online case file through which they can view the documents which have been filed by them, served on them or replied from the Courts. Upcoming hearing dates are also pushed through the EF at the law firm level and at the case level. The FE’s File n Serve feature facilitates service of documents on other parties in the case with one click of the mouse. Documents are transmitted in Portable Document Format (PDF). To file or serve a document, the LF has to fill up the appropriate online template in the FE and attach the document to be filed or served in PDF format. The entire submission may consist of one or several documents and this is digitally signed using the smart card issued upon registration in order to ensure authenticity and non repudiation.

The business logic of the courts is built into this application. It encapsulates workflow routing, document management and statistical report generation; documents are stored in a jukebox. An electronic case file allows the easy retrieval of documents; and an upcoming enhancement will collate and present information relating to a case file within a single easy to use interface.

The Hearing Module is customised to allow registrars and judges to make use of the EFS to conduct paper less hearings in chambers. The Hearing Module pre fetches the entire case file of hearings fixed before a registrar to the local PC to allow quick recall of documents. Dual screens are deployed to allow the viewing of the case file and minute sheets on one screen and the viewing of documents on the other. The Pack n Go feature allows registrars and judges to download all the documents in a case file onto a thumb drive for reading at home.

Phase 1.0 of the EFS was launched on 8 March 1997 as a pilot programme with voluntary participation for lawyers. The scope of implementation was limited to only certain aspects of writs of summons. The purpose of this pilot phase was to enable planners to benefit from the lessons learnt in order to fine tune subsequent phases of implementation.

Phase 1.2 of the EFS was launched on 1 March 2000. Mandatory e filing to the courts was introduced, and the scope of EFS was expanded to cover most aspects of writs of summons and their corresponding workflow systems. A service bureau was also set up to cater to those law firms that were not yet EFS equipped at this stage.

Phase 2 of the EFS was launched on 2 July 2001. This phase saw the introduction of a web based front end interface for EFS users, a full text Electronic Index Search and Extract Service, and an Electronic Service of Documents Facility. The Electronic Index Search and Extract Service allowed law firms to search an electronic case file index and request the extraction of soft copies or certified true copies of case documents. Under the Electronic Service of Documents Facility, law firms were allowed to electronically serve documents on other EFS ready law firms.

Phase 3 of the EFS was launched on 18 December 2001. The scope of EFS was expanded to include originating summons, appeals to the Court of Appeal, District Court appeals, taxation of costs, interpleader, and the admission of advocates & solicitors.

Phase 4A of the EFS was launched on 28 May 2002. The scope of EFS was expanded to include more forms of civil proceedings such as admiralty matters, originating motions, originating petitions, originating summons in bankruptcy, bankruptcy petitions, petitions of course, companies winding up, power of attorney, and probate (Supreme Court).

Phase 4B(i) of the EFS was launched on 9 December 2002. This phase saw the inclusion of applications for adoption petitions under the EFS, namely, the auto generation of adoption petitions in the Family Court using information provided in the form of an electronic data items template.

Phase 4B(ii) of the EFS was launched on 15 December 2003. In the Family Court, the scope of EFS was expanded to include petitions for divorce under the Women's Charter (Cap 353, 1997 Rev Ed) and originating summonses under the Guardianship of Infants Act (Cap 122, 1985 Rev Ed), the Women's Charter, the Administration of Muslim Law Act (Cap 3, 1999 Rev Ed) and the Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed). The scope of EFS was also expanded to cover probate and administration proceedings in the Subordinate Courts, and procedures were enhanced in respect of probate and administration proceedings in the Supreme Court.

Phase 5 of the EFS was implemented in several sub phrases between July 2003 and December 2004, and was deemed commissioned on 22 December 2004. Under this phase, EFS was extended to the Corporate Services Department of the Supreme Court. Data contained within the existing mainframe based civil system was migrated to the EFS. In addition, the ability to generate statistical reports was added to the EFS.

Phase 6 of the EFS was implemented on 10 January 2005. The scope of EFS was expanded to encompass criminal matters in the Supreme Court, including: preliminary inquiries, criminal cases, criminal appeals to the Court of Appeal, criminal revision proceedings, criminal reference proceedings, magistrates’ appeals, criminal motions, and show cause proceedings.

In April 2003, The Honourable the Chief Justice appointed an EFS Review Committee to conduct a thorough appraisal of the EFS. This review would ensure the system’s continuing relevance, in tandem with the development of technology and the evolving needs of the legal profession. The EFS Review Committee made certain recommendations for improvements to the EFS, which were accepted by The Honourable the Chief Justice. The EFS Review Implementation Committee (ERIC) was established in August 2003 to implement the recommendations made by the EFS Review Committee. ERIC was to oversee the development of a new Electronic Litigation System to take the place of the current EFS. This system would capitalise on the experience garnered from the current EFS as well as harness projected new and improved technology for the new electronic case management system. In this regard, ERIC was to develop a Roadmap Paper charting the direction of the new Electronic Litigation System, as well as co ordinate with the Rules Committee to review and modernise the Rules of Court. The first project which ERIC undertook was the organisation of the Electronic Litigation Colloquium, held on 17 April 2004 at The Sentosa Spa & Resort (formerly known as The Beaufort). The aim of the colloquium was to provide a platform for the stakeholders in the EFS to get together and canvass their views and ideas as to what the new landscape for electronic litigation in Singapore should look like. Representatives from the bench, the bar, IT vendors and the InfoComm Development Authority of Singapore (IDA) were invited to the Colloquium, in order to obtain a good representation from the various stakeholders of the litigation process. Subsequently, a Select Group was set up to draft the Roadmap Paper and come up with a blueprint to pave the way for the development of the new Electronic Litigation System.

Following the first publication of the Electronic Litigation Roadmap on 10 January 2005, there was a period of Public Consultation whereby the courts, law firms, government departments and IT vendors were invited to give their feedback on the ideas mooted in the ELS Roadmap. To this end, the ELS Roadmap Paper was published on the websites of the Supreme Court, the Subordinate Courts, the Singapore Academy of Law and LawNet. There were a heartening number of responses, with a balanced distribution of comments from the stakeholders involved. The responses were generally supportive of the ideas that were proposed in the ELS Roadmap Paper, providing pertinent – and at times, very detailed – observations and comments on the various concepts contained therein. At the close of the Public Consultation, the Electronic Litigation Roadmap was revised accordingly to incorporate the relevant responses received. ERIC was also reconstituted to form the ELS Committee in May 2005. It is envisaged that in the course of implementing the ELS, focus group discussions will be conducted to seek feedback on specific aspects of the ELS. At the same time, reviews of the ELS will be sought from the various stakeholders at appropriate intervals during the process of implementation.