Supreme Court of the United States Virgin Islands


Court Calendars	\|	Employment Opportunities	\|	Contact Us	\|	Site Policy	\|	Search Site:


Printer-friendly

Frequently Asked Questions (FAQ)

•		I am not an appellate attorney and only practice in the Superior Court. Why is the Supreme Court requiring me to register as a Filing User?

•		Alright, but I am a transactional attorney who never appears in court. Why do I have to register?

•		Why does the Clerk of the Supreme Court need to accept or reject my application?

•		Can I electronically file something while the Clerk of the Supreme Court is reviewing my application?

•		Is it possible to obtain an exemption from electronic filing in all cases, but still receive electronic service of documents through VISCEFS?

•		Since I am inputting service information into VISCEFS when I electronically file a document, do I still need to include a certificate of service with my filings?

•		If there are problems with my e-filed document, what might cause the Clerk of the Supreme Court to outright reject it instead of conditionally accepting it?

•		Does acceptance of an electronically filed document by the Clerk’s Office mean that the document cannot be rejected for other reasons?

•		I want to file a motion, but I have not filed my Notice of Appearance yet. Can I file both at the same time?

•		I am not an appellate attorney and only practice in the Superior Court. Why is the Supreme Court requiring me to register as a Filing User? Pursuant to the amended Supreme Court Rule 4, a notice of appeal will be filed in the Supreme Court rather than the Superior Court, and the other parties to the Superior Court action will be electronically served through VISCEFS. Even if another attorney in your department or firm handles all appeals, you must register as a Filing User in order to be informed if another party has filed an appeal in one of your cases. [Top of page]

•		Alright, but I am a transactional attorney who never appears in court. Why do I have to register? Electronic filing is mandatory not just in appeals, but in original proceedings in the Supreme Court. “Original proceedings” is a broad term that encompasses pretty much anything that is handled by the Supreme Court, including all bar admissions matters. For example, effective November 2, 2011, all requests for a certificate of good standing, motions for extension of time to complete continuing legal education requirements, and similar bar governance documents must be electronically filed through VISCEFS. [Top of page]

•		Why does the Clerk of the Supreme Court need to accept or reject my application? The Clerk reviews every application for many reasons, including verifying that the information required by Supreme Court Rule 40.2(b)(5) has been provided and is accurate. In addition, the Clerk must ensure that the registrant has signed up as the correct category of Filing User (e.g. verify that the registrant is or is not a member of the Virgin Islands Bar), and make sure that the individual has not previously registered as a Filing User. [Top of page]

•		Can I electronically file something while the Clerk of the Supreme Court is reviewing my application? No! Until your application as a Filing User is accepted, you may not electronically file any documents with the Supreme Court. Filing User applications will generally be reviewed only during normal business hours, so it is very strongly advised that all members of the Virgin Islands Bar submit their applications at the earliest possible opportunity, instead of waiting to register until the need arises. [Top of page]

•		Is it possible to obtain an exemption from electronic filing in all cases, but still receive electronic service of documents through VISCEFS? No. If a particular attorney obtains an exemption from mandatory electronic filing in all cases, the attorney will not receive the benefits of electronic service of documents through the VISCEFS system. [Top of page]

•		Since I am inputting service information into VISCEFS when I electronically file a document, do I still need to include a certificate of service with my filings? Yes. Pursuant to Supreme Court Rule 15(d), a certificate of service must be included as part of all documents, even if the document has been electronically filed. [Top of page]

•

If there are problems with my e-filed document, what might cause the Clerk of the Supreme Court to outright reject it instead of conditionally accepting it?
Outright rejection of a document that has been electronically filed should be a very rare occurrence, and will likely only occur if the deficiencies with the document are so severe that it would be inappropriate for the document to appear on the docket at all. Although far from exhaustive, the following table illustrates some of the situations where conditional acceptance or rejection may occur:

Conditional Acceptance

The document does not contain an electronic signature or is otherwise not properly signed. See V.I.S.CT.R. 40.4.
The document itself does not contain a certificate of service, or the certificate of service is deficient. See V.I.S.CT.R. 15(d).
The document contains other purely technical defects that can be easily remedied by filing a second document that contains the missing materials or information.

Rejection

The Filing User attempted to file the document in the wrong case, or obviously uploaded the wrong document.
The document is among the types of documents that cannot be e-filed (e.g. an ex parte motion, a motion to file a document under seal).
The Filing User has submitted two completely unrelated documents as part of the same docket entry. See V.I.S.CT.R. 40.3(d).
The document clearly contains financial account numbers or other sensitive information that the Filing User was obviously required to redact. See V.I.S.CT.R. 15(c).
The document is not in PDF format or conversion to PDF format failed.

•		Does acceptance of an electronically filed document by the Clerk’s Office mean that the document cannot be rejected for other reasons? No. In the e-filing context, “acceptance” simply means that the filing has been docketed by the Clerk of the Supreme Court as part of a case. To analogize, having a document “accepted” after it is e-filed is equivalent to having a deputy clerk at the front counter stamp the document and put it in the case file. If there are other problems with the document (for example, it was not timely filed) it may still be rejected through a court order signed by the Clerk or a justice. [Top of page]

•		I want to file a motion, but I have not filed my Notice of Appearance yet. Can I file both at the same time? No. As explained above, an attorney who is not yet associated with a case can only file a Notice of Appearance, and will be permitted to file other documents only once that Notice of Appearance is accepted by the Clerk. Pursuant to Supreme Court Rule 40.4(d), a Notice of Appearance and an unrelated motion cannot be filed simultaneously under the same docket entry. Accordingly, an attorney should file his or her Notice of Appearance at the earliest possible time, so that the attorney will be permitted to file other documents when the need arises without encountering any additional delays. [Top of page]