Rules & Regulations of the State of Tennessee
0310 - Claims Commission
0310-01-02 - Electronic Filing
0310-01-02-.08 - FILING AND SERVICE PROCEDURES
0310-01 -02-.08 FILING AND SERVICE PROCEDURES.
(1) Time and Effect of E-Filing.
(a) Filed upon Transmission. Subject to acceptance by the Clerk pursuant to Subparagraph (b), any Document electronically submitted for filing shall be considered filed with the Claims Commission when the transmission to the Claim Commission's E-filing System is completed. Upon receipt of the transmitted Document, the E-filing System shall automatically e-mail a Transaction Receipt to the E-filer, stating that the transmission of the Document was completed and also stating the date and time of the Document's receipt. The E-filer is responsible for verifying that the Clerk received and filed the Document transmitted. Absent confirmation of receipt, there is no presumption that the Claims Commission received and filed the Document. The Transaction Receipt shall serve as proof of filing.
(b) Review by Clerk. The Clerk may review the Document to determine if it conforms with the applicable filing requirements. If the Clerk rejects the Document for filing because it does not comply with the applicable filing requirements or because any required filing fee has not been paid, the rejected document shall not become part of the official Claims Commission record, and the E-filer will receive notification of the rejection. The notice must set forth the reason(s) the document was rejected for filing. In the event the Clerk rejects the submitted Document following review, the E-filer is allowed up to forty-eight (48) hours from the notice of rejection to re-file the Document to meet necessary filing requirements and deadlines. The filing shall relate back to the date of the initial filing. Notification that the Clerk has accepted the document for filing is not required.
(c) "Filed" Stamp. E-filed documents accepted for filing by the Clerk shall have a "filed" stamp affixed by the Clerk. The Clerk's stamp of an E-filed Document must contain the following: "Electronically Filed/[Date and Time]". This "electronically filed" stamp has the same force and effect as a manually affixed "filed" stamp of the Clerk.
(d) Time of Filing. Any Document E-filed by 11:59 p.m., Central Standard Time, shall be deemed to be filed on that date, so long as it is accepted by the Clerk upon review.
(e) Documents Filed by the Claims Commission. The Claims Commission may electronically transmit orders, opinions, judgments, and other Commission-issued documents through the E-filing System. When a document electronically transmitted by the Commission for filing by the Clerk requires the signature of a Commissioner, the Clerk, or authorized deputy clerk, the signature may be reflected at the end of the document by means of an Electronic Signature in the format: "s/ [Commissioner's/Clerk's/deputy clerk's name]," followed by the appropriate title (i.e., "Commissioner," "Clerk," "Deputy Clerk"). Any order, opinion, judgment, or other Commission-issued document filed electronically without the handwritten signature of the Commissioner, Clerk, or authorized deputy clerk but containing an approved Electronic Signature has the same effect as if the Commissioner or Clerk had signed a paper copy of the filing.
(2) Format of Documents.
(a) All E-filed documents shall be formatted in accordance with the Terms-of-Use Agreement and the applicable rules, if any, of the Claims Commission governing formatting of paper-filed documents, except that any rules relating to the number of copies, or to the color or types of paper, shall not apply.
(b) All original Documents that are E-filed shall be prepared through direct conversion from the word processing file to Portable Document Format and not through scanning of the original paper document. Notwithstanding the foregoing sentence, all attachments and exhibits containing photocopies of documents may be scanned into Portable Document Format. E-filed PDF documents shall be text searchable, if possible.
(3) Payment of Filing Fees.
Unless excused by statute, statutorily permitted fees and taxes required to be paid at the time of filing of an E-filed Document must be paid prior to the E-filing, or with an approved form of electronic payment at the time of E-filing.
(a) Registered User's Signature. A Registered User's use of the assigned log-in identification and password to E-file a Document serves as that user's signature on that Document for all purposes. The identity of the E-filer must be reflected at the end of the Document by means of an Electronic Signature, followed by the Registered User's name, address, telephone number, e-mail address, and number assigned by the Board of Professional Responsibility, if applicable.
(b) Multiple Signatures. An E-filer E-filing a Document requiring the signatures of multiple persons (including but not limited to stipulations) must list thereon the names of all other signatories and include their Electronic Signatures. By E-filing such a Document, the E-filer certifies that each of the other persons has expressly agreed to the form and substance of the Document, and that the E-filer has their permission to E-file the Document. In the alternative, the E-filer may submit a scanned Document containing all necessary signatures.
(c) Signatures Under Penalty of Perjury and Notarized Signatures. A Document required by law to be signed, verified, notarized, acknowledged, sworn to, or made under oath may be E-filed, provided that the declarant or notary public has signed a printed form of the Document. The printed Document bearing the original signatures must be scanned as a PDF in a format that accurately reproduces the original signatures and contents of the Document and electronically submitted for filing. The original Document shall be maintained by the E-filer, and shall be made available, upon reasonable notice, for inspection by another party, other counsel, the Clerk or the Claims Commission. Parties or their attorneys shall retain originals until final disposition of the case and the expiration of all appeal opportunities.
(d) Effect of Signatures on E-Filed Documents. Any filing made under these Rules shall bind the signatory as if a paper Document were physically signed and filed. An E-filing therefore shall function as the signatory's attestation to the truthfulness of an e-filed affidavit, declaration, or certification, or as a validly signed Document for any other purpose under the TRCP or other rule of the Claims Commission.
Authority: T.C.A. § 9-8-306. Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.