This agreement ("Agreement") that you are entering into with the Fifth Circuit Court of Appeal, State of Louisiana, is a legal document that details your rights and obligations. By visiting this website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our website. This website and related services are offered to you conditioned upon your acceptance without modification of these Terms of Service. From time to time, it may be necessary for us to update or revise certain provisions of the Terms of this Agreement. By using this Web Site or accepting the Agreement, you agree that we may change the terms of this Agreement in our sole discretion without specific notice to you. The most current version of the Agreement will be posted on the home page of the Site, so please review this Agreement frequently. If you don't agree to the changes proposed by us, or to any terms in this Agreement, your only remedy is to cancel your use of the services offered under this Agreement. This Agreement may be enforced by the Fifth Circuit Court of Appeal, State of Louisiana. The Fifth Circuit Court of Appeal, State of Louisiana is referred to in this Agreement as "eCourt", "Court", "we", "us" or "our." In this Agreement, "you" or "your" means any person or entity using the Service.
A. Rules of Court
- Pursuant to Uniform Rules – Courts of Appeal, Rule 2-20, "[a]ll notices or copies of papers required by these Rules to be transmitted by the clerk shall be sent to appeal counsel of record for each party, and to any party not represented by counsel, to the United States mailing address, email address or facsimile number shown by the record or to the United States mailing address, email address or facsimile number furnished to the clerk." Effective January 1, 2013.
- Pursuant to Fifth Circuit Court of Appeal, Local Rule 7, "Waiver of Service by Mail. Registration with this Court's Electronic Court System constitutes (1) waiver of the right to receive notice by first-class mail and the right to service by first-class mail or personal service and (2) consent to receive notice electronically and consent to electronic service. Waiver of service and notice by first-class or certified mail applies, but is not limited, to docketing information, orders, abandonment letters and writ grant decisions." Effective April 24, 2014.
B. REGISTRATION - All eCourt Services are on a voluntary basis.
- By becoming a registered user of the Fifth Circuit Court of Appeal's eCourt system, you hereby certify that, as a registered user, you are and will continue to be in compliance with all applicable State and Appellate Court Rules and this Terms and Use Agreement. This includes, but is not limited to, the following security requirements:
- Username and password is to be kept secure and never be disclosed to any unauthorized user.
- You will, as a registered user, take responsibility for those persons having access to your username and password.
- Antivirus software must be installed and set to run automatically on all computers used to access the Fifth Circuit Court of Appeal eCourt System.
- Attorneys admitted to and in good standing with the Louisiana Bar Association are eligible to register with eCourt. Registration is performed by completing the online eCourt Registration, available on the Court's website.
- Registrations for attorneys will be applied to all pending and future notifications entered in the Court involving that attorney of record.
- Once a registrant is confirmed by the Court, there is no need to register separately for each case. Selected services will apply to all pending and future cases in the Court involving that attorney of record.
- Only one e-mail address per attorney can be used at a time for notification.
- Registration is currently not mandatory; however, the Court strongly encourages participation in eNotification. You must register and consent to receive eNotification in order for the Court to send you notifications as attorney of record.
- Each attorney in a law firm must register and provide consent to the Court in order to take advantage of our eCourt services.
- To opt out of the eCourt system, you must fill out the form titled "Unsubscribe to eCourt."
- To change your postal mailing address with the Court, you must notify the Clerk of Court in writing.
- The Fifth Circuit Court of Appeal, reserves the right to revoke a registered user's privileges with or without cause.
C. ECOURT SERVICES
Upon registering with eCourt, counsel of record, can select from the available list of services.
- eNOTIFY - Attorneys of record who have registered and opted to receive only eNotification will be emailed issuances by the Clerk's Office for the Court of Appeal, Fifth Circuit. The email will issue from firstname.lastname@example.org. It will include the docket number of the case in the subject line and instructions to login to eCourt for additional case information. The attorney of record will receive notification by email of: Notice of Lodging, Orders, Motions, Docket, Writ Dispositions, Opinions, and Rehearing Dispositions.
- Choosing to be eNotified indicates that you agree to receive only electronic (i.e., e-mail) notification of all actions, orders, judgments, and decisions entered by this Court, including the scheduling of oral argument, in an appeal in which they are enrolled as counsel of record.
- Attorneys who register to receive electronic notification will not receive any notice by first-class U.S. mail. Attorneys who do not register to receive electronic notification will continue to receive notice by first-class U.S. mail only.
- Each attorney, who is enrolled as counsel of record, who wishes to consent to receive eNotification only, must register separately.
- The Court may issue orders through the creation of a docket entry and the issuance of notice thereof to the parties. Any order or document electronically issued by the court without the original signature of a judge or authorized court personnel has the same force and effect as if the judge or clerk had signed a paper copy of the order.
- Upon the entry of an action, order, judgment, or decision in a matter, the clerk will electronically transmit to registered attorneys of record a Notice of Docket Entry or Decision that contains the Court's order, action, notice, or judgment.
- Electronic notification of the Notice of Docket Entry or Decision constitutes the notice and service of the action, order, judgment, or decision required by Uniform Rules – Court of Appeal, Rule 2-20. The clerk shall provide notice in paper form by first-class U.S. mail only to attorneys of record who have not consented and registered for electronic notification.
- To opt out of the eNotification Program, you must log in and edit your user profile to reflect that you no longer want to receive only electronic notice of events in your case.
- WEB PORTAL/CASE INFORMATION - As an additional benefit of selecting to be eNotified, enrolled counsel will have the ability to view through a web portal, detailed information regarding their filings and eNotified documents, on cases in which they are enrolled as attorney of record.
- Registered eNotified users have access to attorney of record calendars, showing notices of transcript filed, court hearings, dispositions, and opinions rendered.
- Registered eNotified users have access to all eNotified court documents and documents filed by said registered user.
- Registered eNotified users have the ability to perform case and notification searches.
- EFILE - For any registered attorney of record, any document that may be filed by conventional filing may be electronically filed and has the same legal effect as a conventionally-filed document. For any registered attorney of record, electronic filing is applicable for all case types and can be used to initiate a new writ application or submit documents in an existing writ or appeal.
- SERVICE ON PARTIES - The electronic filing of a document does not relieve the registered user of any legal duty to serve copies on parties and/or lower courts as required by order, rule or statute.
- TECHNICAL SUPPORT - Technical support for eFiling will be provided during normal court business hours. However, failure to remedy any technical difficulty will not be taken into account in the consideration of timeliness of the electronic filing of a document.
- FEES OR COSTS
- The registered user is responsible for all documents filed, and any fees or costs incurred in doing so, whether or not the registered user performs the physical act of filing such documents.
- Registration as a registered user constitutes consent to pay the Transaction Fee as set by the Fifth Circuit, Court of Appeal. See, Filing Fees listed on the Court's website.
- DOCUMENT FORMAT
- An electronically-filed document shall comply with State and Local Rules governing conventional filings, including but not limited to page limitations, paper size, font type, margin width and font size.
- An electronically-filed document must be in PDF format with a minimum resolution of 300 dpi (dots per inch). That file must not be password protected or secured. Exhibits must be in PDF format also. A document file created with a word processor, or a paper document which has been scanned, must be converted to a Portable Document Format (.pdf) to be electronically filed with the Court. If the entire appendix and/or exhibit material exceeds five (5) megabytes, it must be submitted in multiple segments, not to exceed five (5) each.
- An electronically-filed document may contain hyperlinks to another part of the same document, a motion and order electronically filed with the document or an appendix and/or exhibit electronically filed with the document. No other hyperlinks are permitted.
- Please be sure your documents are legible with clear images before eFiling. Documents that do not meet these requirements will not be accepted. Any original documents that are on colored paper and/or onion skin or other non-standard white bond paper should be copied on your copier and then the COPY should be scanned for your eFile document image. Colored or other material paper generates a lower quality, larger-sized image.
- The registered user's username and password constitute the registered user's signature on an electronically filed document. The registered user must also include the notation, "/s/", and the registered user's name in the space where the registered user's signature would otherwise appear on the electronically filed document to comply with and have all legal effects as contained in the pleading certification provisions of La. C.C.P. art. 863.
- Signatures can also be typewritten, hand-drawn or an imported image using Adobe Acrobat XI.
- When a registered user electronically files a document requiring multiple signatures, the registered user will include a statement in the electronically filed document, following the Certificate of Service, setting forth the registered user's authority to submit the electronically filed document on behalf of those appearers other than the registered user.
- Signature(s) on an electronically-filed document shall have the same legal effect as any signature(s) on a conventionally-filed document.
- Documents may be electronically filed at any time and shall be deemed filed with the Fifth Circuit Court of Appeal at the date and time of the electronic filing. However, document electronically filed after 4:30 p.m. Central Standard Time will be processed by the clerk of court beginning at 8:30 a.m. Central Standard Time on the next day of business day.
- Following the electronic filing of a document, the Fifth Circuit Court of Appeal will provide the registered user with reference file number by electronic mail, documenting that the electronic filing has been received by the Fifth Circuit Court of Appeal's eCourt system.
- Once processed by the clerk of court, the Fifth Circuit Court of Appeal's eCourt system will provide the registered user with a filing confirmation by electronic mail, documenting the reference file number previously assigned to the electronically-filed document, the docket number of the case, the date and time of filing of the document, and whether the clerk of court has accepted or rejected the electronically-filed document.
- Once a document is electronically filed the registered user is bound by the document as electronically filed.
- An electronically-filed document will be considered timely filed if electronic filing is completed at any time before 12:00 Midnight Central Time on or before the date on which the document is due unless another specific time is mandated by order, rule, or statute.
- A registered user whose electronic filing is untimely due to technical failure may seek relief from the Fifth Circuit Court of Appeal.
- ELECTRONIC FILING ERRORS
- The Court will not permit the registered user to electronically alter and/or change any document.
- If a registered user discovers an error in an electronic filing, the registered user should report the error to the clerk of court by telephone at (504) 376-1400.
- ELECTRONIC SEALED/CONFIDENTIAL FILINGS
- A motion to electronically-file sealed documents may be filed electronically.
- If a registered user electronically files a motion to electronically file sealed documents that are confidential by operation of law, the registered user must indicate such request when uploading the electronic document to the Fifth Circuit Court of Appeal's eCourt system.
- EMERGENCIES/STAY REQUESTS
- The eCourt system can be used to file emergencies in all case types, provided the filer calls the Clerk's Office during business hours before eFiling the document. Clerk's Office staff are not available after 4:30 p.m. on business days, on weekends, or on Court holidays to process emergencies. Filers should type the word "Emergency" in the document description field when completing the eFiling of the document.
- The eCourt system can be used to file a document seeking priority consideration and/or a request for stay of proceedings, provided the filer calls the Clerk's office during business hours before eFiling the document. Filers should type the word "priority consideration" and/or "stay of proceedings" in the document description field when completing the eFiling of the document.
D. RECIPIENT'S RESPONSIBILITIES AND UNDELIVERABLE ELECTRONIC NOTIFICATION
- It is the responsibility of counsel to maintain a current e-mail address with the Court, to verify that their e-mail inbox is working properly and receiving incoming electronic notifications at all times from the court.
- If service is made to the recipient's most current electronic mail address on file with the Court and returned to the Court as undeliverable, the notice will then be served by first-class U.S. mail; provided, however, any time period countable from the completion of service of notice shall be based upon the service of the electronic notice. The recipient's e-mail address will be deactivated until the recipient provides written notice to the court that the address is again receiving electronic notifications.
- To change your email address with the Court, fill out the form titled "Change Username." YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS IS CORRECT.
E. HARDWARE AND SOFTWARE
- A personal computer running a standard platform such as Windows or Macintosh
- Internet service
- A web browser like Internet Explorer 9.0 or above, Google Chrome, Firefox 3.6 or above, Opera 11 or above, or Safari 5
- An email address
- Adobe Acrobat Reader is needed for viewing PDF documents
Upon registering for eCourt services, you will be assigned a temporary password that you must change at the time of the initial login. We may require you to change your login password from time to time for security purposes.
You are responsible for keeping your password confidential. We are entitled to act on any transaction instructions received using your username and login password. Although we make every effort to insure that our services are secure, you acknowledge that the Internet is inherently unsecured and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot guarantee that all data transfers using our services, or email transmitted to and from us, will not be monitored or read by others.
G. DISCLAIMER OF LIABILITY
You are responsible to obtain, install, maintain and operate all computer hardware and software necessary for our eCourt services. We are not responsible to you for any loss or damage that you suffer as a result of the failure of systems and hardware that you use to interface with our systems, or systems and software that you use, whether such use is initiated or processed directly with our systems or through a third-party service provider. You alone are responsible for the adequacy of the systems and software that you. We are not liable to you for any computer virus or other malware that may be attributable to using our eCourt services.
H. REFUSAL OF SERVICES AND PHOHIBITIONS
We reserve the right, in our sole and absolute discretion, to delay and/or refuse to process any item, contact or instruction with respect to any eCourt service that (a) does not comply with the terms of and conditions of this Agreement, (b) relates to an Account that has been deactivated or suspended, (c) we suspect results from a breach in the confidentiality of a login name or password or relates to an Account that we suspect is being used for, or is the target of, fraudulent or illegal activity, or (d) might cause us to violate applicable law or otherwise expose us to liability.
You agree to comply with all applicable laws and regulations in connection with your use of the eCourt services. You further agree to be bound by operating rules and regulations imposed by any processing networks or third-party services in which we participate. You acknowledge and agree that we have no obligation to monitor your use of the eCourt services for contacts and activity that is impermissible or prohibited under the terms of this Agreement.
I. OWNERSHIP AND PROPRIETARY RIGHTS
Our logo, design, trademarks, and service marks, and other product and service names are trademarks of eCourt and the Fifth Circuit Court of Appeal, State of Louisiana, and you agree not to display or use these marks in any manner without our permission. You acknowledge and agree that the Site, the Service and the Content and any software incorporated therein, and that the Service and the Content are the sole property of this Court and protected under applicable intellectual property and other laws. You also acknowledge and agree that materials and works contained in the Service and the Content are proprietary and protected by law.
J. MODIFICATION AND TERMINATION OF SERVICE AND CONTENT
We reserve the right to modify or terminate the Service and Content (or any part thereof), temporarily or permanently, at any time and without notice to you. We retain the right to monitor use of this Site to determine compliance with the Agreement, as well the right to remove or refuse any Content for any reason in accordance with applicable law. Notwithstanding these rights, you remain solely responsible for your use of the Site. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Services, the Site, and any parts thereof, temporarily or permanently, at any time, without notice to you, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of the Agreement. You also agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Site, or for any modification or termination of the Service or Content.
K. NO RESALE OF SERVICE OR CONTENT
The Service and the Content are provided to you by us and our vendors for your legal use and business purposes, unless otherwise specified. Without express authorization by a duly authorized representative, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the whole, or any part, of the Service or the Content on the Site, or exploit the Service, Content, or Site for any unauthorized commercial purposes.
L. RESTRICTIONS ON USE
You agree not to:
- cause, permit, or facilitate access to the Site, Service, or Content or use of the Site, Service, or Content by automated electronic processes, including, without limitation, "robots," "spiders," "scrapers," "webcrawlers," or other computer programs that monitor, copy, or download data or other content found on, or accessed through, the Site or the Service;
- upload, post, email, transmit, or otherwise make available to or through the Site any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, or otherwise objectionable;
- interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way, the Service, the Site or its servers or networks supporting the Service, Site, or Content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, Service, or Content;
- transmit, broadcast, publicly display, publicly disclose, or otherwise make available to third-parties any of the Content or Confidential Information; or
- upload to the Site any information or content that breaches the rights of any third-party or infringes the intellectual property rights of any third-party.
M. CONFIDENTIALITY AND OWNERSHIP OF CONTENT
You shall maintain the Confidential Information in strict confidence and shall not use the Confidential Information for any purpose whatsoever except for your legal use of the Services, and you shall not disclose the Confidential Information directly or indirectly to any other unauthorized person or entity. You acknowledge and agree that in the event of any breach or threatened breach of this obligation of confidentiality, we shall be entitled, without waiving any other rights or remedies in law or in equity, to such injunctive and/or other equitable relief as may be deemed proper by a court of competent jurisdiction. Your obligation of confidentiality shall survive the termination of this Agreement and continue until none of the information, which we designate as confidential or proprietary information, or, which you have reason to know is confidential or proprietary information, falls within the scope of "Confidential Information" as defined in this Agreement.
You are not permitted to frame our Site or to deep link to any portion of our Site for any reason.
O. DISCLAIMER OF WARRANTIES
You are not permitted to frame our Site or to deep link to any portion of our Site for any reason.
- WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SITE, SERVICE, CONTENT, AND IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- WE MAKE NO CLAIM OR WARRANTY THAT THE SERVICE OR CONTENT WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- YOU AGREE THAT WE SHALL NOT BE HELD LIABLE IF YOU ARE UNABLE TO GAIN ACCESS TO THE WEBSITE FROM TIME TO TIME. YOU UNDERSTAND THAT SOME OR ALL OF THE SERVICES AND/OR OTHER SYSTEM SERVICES MAY NOT BE AVAILABLE AT CERTAIN TIMES DUE TO MAINTENANCE AND/OR COMPUTER, COMMUNICATION, ELECTRICAL OR NETWORK FAILURE OR ANY OTHER CASES BEYOND OUR CONTROL. IN THE EVENT OUR SERVICES ARE NOT AVAILABLE FOR THE REASONS CONTAINED HEREIN, WE RESERVE THE RIGHT TO SERVE AND GIVE NOTICE OF ACTIONS, ORDERS, JUDGMENTS, AND DECISIONS ENTERED BY US, INCLUDING THE SCHEDULING OF ORAL ARGUMENT AND ANY OTHER DOCUMENT WE MAY ISSUE, IN PAPER FORM BY FIRST-CLASS U.S. MAIL.
- WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR, OR THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES.
P. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE AND/OR OUR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SITE, THE SERVICE, OR THE CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION; (iii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE, SERVICE, OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, OR CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold us, and/or our employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, or arising out of: (i) your use of the Site, Service, or Content; (ii) your connection to the Site or use of the Service; (iii) your violation of any of the provisions of this Agreement; or (iv) your violation of any rights of another.
Adopted effective January 1, 2015.