The eFlex system suffered an unanticipated outage last night that lasted from approximately 9:15 p.m. March 3, 2021 to approximately 7:30 a.m. March 4, 2021. This outage constitutes a technical failure of the electronic filing system under section 12 of Administrative Order 21.
The AOC is providing this notice pursuant to Administrative Order Number 21, Section 12, which follows:
Section 12. Technical Failures.
(a) Electronic filing system errors. The electronic filing system is deemed subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 8:00 a.m. that day. Anticipated system outages must be communicated to registered users by electronic mail within a reasonable time prior to the outage and must be posted on the web site, if possible. A technical failure of the electronic filing system shall excuse an untimely filing.
(b) Other technical problems. Other technical problems in the nature of an unavoidable casualty, such as problems with the user’s Internet Service Provider (ISP) that prevent a registered user from transmitting an electronic filing, may constitute a technical failure under these procedures excusing an untimely filing.
(c) Conventional filing allowed. In the event of a technical failure of the electronic filing system or other technical problems that prevent a registered user from submitting an electronic filing, documents should be submitted to the Clerk’s office conventionally.
(d) Relief after technical failure. A party whose filing is made untimely as the result of a technical failure of the electronic filing system or other technical problems may seek appropriate relief from the court. Sample language is attached to this order as Form A.
Technical failures of the electronic filing system under subdivision (a) of this Section 12 are excused. For technical problems that are considered to be user-related under subdivision (b) of this section, the court for good cause shown may excuse an untimely filing.
Form A
IN THE__________COURT OF__________COUNTY, ARKANSAS
_________________________ Plaintiff(s)
vs. Case No.______________________
_____________________ Defendant(s)
DECLARATION THAT PARTY WAS UNABLE TO FILE IN A TIMELY MANNER
[NAME OF REGISTERED USER AND PARTY REPRESENTED] was unable to file [NAME OF DOCUMENT] in a timely manner due to technical difficulties. The deadline for filing the [NAME OF DOCUMENT] was [DATE]. The reason(s) that I was unable to file the [NAME OF DOCUMENT] in a timely manner, and the good faith efforts that I made before the filing deadline to both file in a timely manner and to inform the court and the other parties that I could not do so, are as follows:
[Statement of reasons and good faith efforts to file and to inform]
I declare under penalty of perjury that the foregoing is true and correct.
Respectfully submitted,
/s/__________
Name of Registered User
Address
City, State, Zip Code
Phone:
Email:
Sections (3) and (10) amended by per curiam order June 23, 2011; sections (1), (2), (3), (10), (13) & (14) amended and effective by per curiam order May 31, 2012; amended and effective by per curiam order October 30, 2014; section (7) amended and effective by per curiam order April 19, 2018; amended October 11, 2018, effective January 1, 2019.