16-21-1. Definitions. (a) “Electronic Document Management System” (“EDMS”) means a collection of computer software application programs and hardware devices that provide a means of organizing and controlling the creation, management and retrieval of documents through their life cycle. (b) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means within […]
16-21-2. Electronic Document Management System Policy. The State Court Administrator, in consultation with the Unified Judicial System Technology Council, shall prepare and publish an Electronic Document Management System Policy specifying EDMS policy and procedure within the clerk of courts office. Such policy may be amended as necessary and appropriate to carry out the provisions of […]
16-21-3. EDMS conversion. For those counties with EDMS capabilities, the clerk of courts office shall not maintain a paper court file in any case commenced after the effective date of this rule except as otherwise provided in the EDMS policy. The clerk of courts shall electronically scan all paper documents and convert them to electronic […]
16-21-4. Official record. (1)Whenever available, the official court record shall be the electronic file maintained by the Unified Judicial System. The official record shall also include, however, any conventional documents or exhibits filed and maintained in accordance with the policy for EDMS. The clerk of court shall maintain the official court record in an electronic […]
16-21-5. Signatures of judges and court officials. The requirement that any court record or document be signed is met by use of an electronic signature. The submission of a document signed with an “/s/ name” or electronic image of the traditional signature when filed with the login and password of a judge or court official […]
16-21-6. Confidential information. The confidentiality of an electronic record, or an electronic copy thereof, is the same for the equivalent paper record. Access to confidential information, regardless of form, shall only be to the extent provided by law. The EDMS shall place a visible mark identifying confidential or sealed information and restrict access accordingly. Source: […]
16-21-7. Certification and authentication of court record. A court document may be certified as an official copy only if the original document is on file with the court. In addition to manually certifying documents with a handwritten signature, any custodian of a court document may also use an electronic signature and seal to certify or […]
16-21-8. Public access. Public access to the electronic documents filed in the EDMS shall be available at no charge at the clerk’s office during regular business hours through a public access terminal or any other reasonable means to provide access to publicly available portions of an electronic record. Fees for copies of electronic documents shall […]
16-21-9. Electronic transmission. To the extent reasonably practicable, a clerk shall distribute through electronic means all communications, including orders, judgments, notices and any other communications to attorneys and self-represented litigants in any pending proceeding. Source: SL 2012, ch 255, §9 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
