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The Electronic Court Case Management
Information Systems as a Driver to the
Digitization of Legal Records in Law
Firms
Mulindwa Edmond, BRAM, Msc. RAM

Records and Analytics Consultant at K&K Chambers

5 articles Follow
June 8, 2022
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By Edmond Mulindwa: Consultant Records and Archives Management,

0784996561/0700764661

2022We are living in a technologically advanced age. This has affected the government
operations in the manner that electronic systems have been introduced to automate the
workflows. One of the results of the digital initiatives is electronic governance, or e-
governance, a simple low-cost approach that is intended to increase access to public
services, improve transparency and accountability, reduce transaction cost and ensure
good governance. In Uganda for example, E-learning platforms have been introduced to
the education sector especially at universities, Taxes are paid online to Uganda Revenue
Authority, Recruitments by Uganda Public Service Commission are also done
electronically online, Passports and Visas are also processed online, and electronic
health information systems were installed to control the information flow in the
hospitals.

Like other sectors, the legal practice is wired in and technology has been integrated into
every aspect of litigation. In 2010, Sitienei reported that many challenges have been
faced in the process of attaining justice including delays due to misplacement of the
case files at the registry. To avert such challenges, ICT is increasingly being integrated in
many courts with an aim to improve service delivery and provide expeditious delivery of
justice. Digitizing records is among the approaches to keep records well organized and
accessible when needed. Digitizing and automating the legal processes simply means
that finding digital means of completing tasks and processes that were previously
paper-based. Iron Mountain states that the emergence of digital courtrooms began a
decade ago with the goal of streamlining the creation, security, handling, transmission
and storage of court records. It should be noted that whether electronic, paper,
historical or newly created, records are the lifeblood of court systems.

Eventually, the digital age has also culminated in the introduction of electronic case
filing systems in numerous countries to ease the litigation processes. The Uganda
Judiciary has come up with the Electronic Court Case Management Information System
(ECCMIS) to digitize all aspects of case management, starting at registration, proceeding
through case assignment, hearing, and judgement, and provides a full suite of analytical
features and online auction. Electronic filing has therefore changed how documents are
received by courts. It is noted that attorneys no longer have to hunt through filing
cabinets and briefcases to find relevant case materials for submission. They can simply
organize all the filings by using computers and submit by a click of a mouse. The core
advantage of virtual filing is that it eliminates the risks of documents being lost in the
mail or delayed. And, furthermore, attorneys can now procrastinate and still meet strict
deadlines.

ECCMIS and its key functions

According to the Uganda Judiciary, ECCMIS “is a fully-featured system that automates &
tracks all aspects of a case life cycle from initial filing through disposition & appeal as to
each individual party for any case type.”

The system provides a public portal for users to file documents electronically with access
to information for all case types across all jurisdictions. Lawyers are also able to file case
documents electronically, reducing the burden of paperwork on the court system.

ECCMIS also supports online payment of fines, filing fees, and bail and deposit
transactions, using mobile money, Visa, EFT among others.

The ability to access case status via Mobile Phone and Short Messaging Services (SMS)
is also provided by the system. Litigants will easily access and follow-up on all cases by
way of a USSD.

It also allows paperless case management after a case has been filed, and it follows
through the life cycle of a case, to mediation, automatic allocation of case, hearing then
to delivery of judgment, execution, closure and finally archiving of a case in system.

By simple drag and drop, ECCMIS allows for accurate reporting to be delivered in
different forms not limited to lists, reports, cascades, charts, bubbles etc.
Notifications: Parties can receive notifications in 3formats namely SMS, EMAIL, and
Internal System Notifications. These emerge from all the actions performed on their
cases. Court staff will also receive notifications when they have tasks assigned to them.
These actions will include but will not limited to: case registration, allocation/reallocation
of a judicial officer, court sitting, issuance of notices (hearing, summons, judgment),
tasks to register, serve, judgment/ruling among others. These notifications will be sent
to the email address and phone number a litigant will register at account creation.

Is ECCMIS an electronic records management system?

Courts are to use ECCMIS as a mechanism to receive, create, capture, and distribute
digital documents. Files classification is also done electronically using this system. The
system also performs the functions of archiving files of the finished cases for future
reference. Courts can search for files using the Optical Character Recognition
technology as the best approach for retrieving records. Therefore, key terms can be
used to search for the records stored in the system. Examples of the key terms that can
be used include but not limited to matter name, names of complainants, names of
correspondents, dates etc. Basing on these functions performed by this system, it
qualifies to be an Electronic Records Management System of the Courts.

On the side of the Law Firms, ECCMIS just automated the filing process. Although this
system allows the attorneys to search for their uploaded documents through their
accounts, they are not allowed to fully own their documents submitted. This is because
modifications, deletions, downloads, and many other records management practices
and functions cannot be performed by the attorneys to their submitted documents. Law
firms are restricted from storing/uploading any other records related to the case apart
from those required for filing. Therefore, Law Firms are to remain as users of the system.

The records management approach

The introduction of the electronic filing systems has made the digitization of records
inevitable among law firms. To largely benefit from these systems, law firms are advised
to reorganize and digitize their records. When records are digitized, the attorneys will be
able to perform electronic submissions without any difficulties!

Digitization involves the conversion of a physical or analogue record to a digital format.

This is usually carried out through scanning or photographing the source records. To
remain competitive, law firms should embark on the digitization of their records. This is
based on the fact that documents such as Petitions, Affidavits and Authorities will be
submitted to courts only when they are digitized. Digitization will enable law firms to
leverage Legal Tech.
Digitization will help the lawyers to remotely access their files using smart phones,
laptops and desktops. In brief, they will be moving with their offices. As a result, service
delivery will be improved whereby attorneys will be in position to instantly respond to
their clients from wherever they are met. Digitization has the following benefits to law
firms;

1- Easy filing (Uploading documents to ECCMIS)

2- Retrieving files electronically without any delays

3- Minimizing the frequent use of paper-based files

4- Easy management of bulk files

5- Minimizing the misplacement and loss of documents

6- Effective Preservation of matter files

7- Helping lawyers to refer to the previous cases (research) without any delays

8- Records recovery in case of any fire and water disaster

9- Creating an orderly records storage area

ICT equipment used in records digitization

1. Computers

2. Digital Cameras

3. Specialized HD Scanners

4. Barcode printers and readers

5. Electronic storage media (Servers)

6. Photocopiers

Categories of software used in records digitization

1. Document Scanning software

2. Records Processing software

3. Records Storage and retrieval system

4. Radio Frequency Identification

Much as many organizations are scared by the high costs of records digitization, the costs
are determined by the size of the collection to be digitized and the selection of the
technologies to be used. Therefore, this is a new organization operation trend which must
be given a priority by all law firms to standardize their practices. This will help them to
fully utilize the already introduced ECCMIS by Judiciary.

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Mulindwa Edmond, BRAM, Msc. RAMMulindwa Edmond, BRAM, Msc. RAM

Records and Analytics Consultant at K&K ChambersRecords and Analytics Consultant at K&K
Chambers
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Through Gazette Notice No. 2357 of 2020, the Chief Justice indicated that the main
objective of the system is to integrate information communication technology (ICT) into
judicial proceedings. The emphasis, according to the Chief Justice, is on efficient electronic
filing and service of documents. The system has transformed litigation by providing digital
services for filing, serving documents and requesting court orders.
From a litigator’s perspective, the system saves time and resources that would have
otherwise been used in filing and serving physical documents. The system has automated
the filing and serving process entirely except for the Supreme Court of Kenya, where parties
are still required to file and serve physical copies. Travelling time and costs associated with
service and filing of documents have also been eliminated.
The system also acts as a link between advocates and the court, making virtual
proceedings a reality. In essence, without the system it would have been an uphill task for
the courts to effectively implement virtual hearings. It would have been contradictory to
conduct proceedings online when parties have to travel to the court to file documents and
also serve the documents physically. This would have defeated the purpose of the
implementation of the online proceedings to give parties the right to access courts, and to
comply with the government restrictions on COVID-19.
From the court’s perspective, the system makes it easier for judges and judicial officers to
access court files. Once parties have filed their documents, the system generates a
complete copy of the court file. Any documents filed in future will be automatically linked to
the file on the system. The system also provides prompts and updates for judicial officers as
to when a matter is coming up for a mention or hearing. Judicial officers are therefore able
to keep an online diary of their matters with relative ease.
E-payments for filing of documents is another advantage as it promotes accountability. The
system effectively minimizes fraud and corruption. With the manual payment and receipting
system, the payments received through filing of documents and payment of fines was at risk
from parties engaging in corruption and fraud, denying the government revenue. The online
system keeps track of all payments and digital receipts are generated for all payments. This
ensures a high level of accountability within the judiciary.
Lastly, the system has eased the transmission of judgments and rulings. Once parties have
consented to a judgment being delivered via email, the courts proceed on that basis. It
therefore saves the courts time that would have otherwise been lost in physical reading of
judgments in open court.
Challenges
Despite the benefits of the electronic system, stakeholders have experienced challenges.
These challenges are not related to the system itself; they are mainly infrastructural or
technical in nature. The challenges arise from the lack of access to proper computers,
inadequate training, and poor internet connectivity.
Fast internet is unevenly distributed in Kenya. This poses a challenge for users in accessing
the electronic court system. The large number of users creates a lot of traffic on the portal.
The problem is compounded for litigants in small towns in rural parts of Kenya where fast
internet is largely inaccessible.
The basis for usage of any digital platform is the availability of effective infrastructure – both
hardware and software. Effective use of the electronic case management system is also
dependent on users’ access to compatible computers. This is an extra cost for some court
users, especially young lawyers and self-represented parties who have already been
adversely affected by COVID-19. With the government encouraging employees to embrace
working from home, legal teams (including secretaries and clerks) now require laptops to
fulfil their roles effectively.
The unstable electric supply is another hindrance for the effective functioning of the system.
Unfortunately, in most towns, consistent power supply is a major challenge. This is either on
account of some areas not being connected to the grid or simply on account of frequent
power cuts. The lack of a stable internet connection also means that the parties cannot
correctly file their documents, resulting in late filing and service of documents.
Lastly, the implementation of the system is proving difficult in criminal litigation. Accused
persons on remand pending the outcome of their decisions have no access to computers
and other facilities for virtual hearings. Even if the parties had access to computers, virtual
hearings for criminal matters would be difficult as courts need to analyze and examine the
character of the accused person, which may not be possible on the online platform.