Rule 79.1. Electronic filing

(a) The electronic filing of documents in the Family Court of the State of Delaware shall be referred to as "eFile" or "eFiling." Electronic filing is the process of uploading a document from a user's computer, or the Court's public access computers, utilizing the Court's Internet and browser based Case Management and Electronic Case Filing system, known as "e-Flex" or any subsequent system adopted by the Court, to file the document in the Court's case file. E-Flex accepts documents only in common portable document format (PDF) readable by free PDF document readers. Any rules of this Court addressing e-Filing shall be known as the Court e-Filing Rules.

(b) Any civil matter may be initiated by e-Filing in compliance with the Rules of the Court. All civil matters and subsequent documents filed by any attorney in a matter initiated by e-Filing shall be e-Filed. When the Chief Judge determines that it is appropriate for any civil case, or category of cases, to follow the procedures for e-Filing, the Chief Judge shall designate it as an e-File case or category of cases.

(c) The Chief Judge shall establish administrative procedures for the e-Filing of documents.

(d) Paper documents presented to the Court by pro se litigants in e-Filed initiated cases shall be scanned and converted to PDF format and e-Filed by the Clerk of the Court. The e-Filed version of the document shall constitute the original and shall be the filed document in the matter, and the paper version of the document shall be destroyed.

(e) No Delaware lawyer shall authorize anyone to e-File on that lawyer's behalf, other than an employee of his/her law firm or service provider retained to assist in e-Filing.

(f) No person shall utilize, or allow another person to utilize the password of another in connection with any e-Filing.

(g) The e-Filing of a document by a lawyer, or by another under the authorization of a lawyer, shall constitute a signature of that lawyer under Family Court Civil Rule 11.

(h) All e-Filing must be signed by a member of the Delaware Bar or party not represented by an attorney in accordance with this Rule.

(i) Unless otherwise ordered, the electronic service of a document, in accordance with the e-Filing Rules shall be considered service under Family Court Civil Rule 5. Service by electronic means shall be treated in the same manner as service by mail for the purpose of adding 3 days to the prescribed period to respond, as set forth in Family Court Civil Rule 6(d).

(j) The rules governing and pertaining to artificial entities shall apply to this rule.

(k) A technology surcharge shall be assessed in each e-File case for the purpose of a fund to operate the e- Filing system. This technology fee is not imposed on filings by the state agencies or by indigent parties or their counsel. The Court shall expend the funds solely for the purpose of operating and maintaining the Court's case management and e-File system. History. Added, effective June 3, 2009; amended, effective May 16, 2011; effective Mar. 18, 2013.