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§ 6-401. Definitions.

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   (A) Electronic Filing System. Electronic filing system (E-Filing System) approved by the Nebraska Supreme Court for filing of pleadings, motions, and other papers (Documents) via the Internet through the court-authorized service provider.

   (B) Electronic Filing. Electronic filing (E-Filing) is the transmission of Documents to the Clerk of the Court, and from the court, via the E-Filing System.

   (C) Electronic Service. Electronic service (E-Service) is the transmission of Documents to any party in a case via the E-Filing System. Any party or attorney who has registered to use the E-Filing System thereby agrees to receive service of any Document, other than service of a summons or initial pleading, via the E-Filing System.

   (D) Durable Medium. Durable medium shall be any information storage medium that is created by a durable process. A process shall be the combination of hardware, software, storage media, techniques, and procedures used to manage, create, store, retrieve, and delete information belonging to the party required to maintain the record. A process shall be durable if it meets the following criteria:

   (1) The process is capable of creating and storing information for the required records retention period.

   (2) The process can be migrated to a successor process when necessary and will retain all information available in the original process after migration to the successor process.

   (3) The process maintains the integrity of information in a readily accessible manner, makes it retrievable, makes it processable through an established usual or routine set of procedures using available hardware and software, and makes it accurately reproducible in a human-readable form.

   (4) The process provides for disaster recovery backups, which are periodically, depending on a retention schedule, verified for restorability and readability, and can be stored in a separate geographical location from the original information.

   (5) The process is demonstrated to create and maintain information for the retention period as specified, in an accurate, reliable, trustworthy, dependable, and incorruptible manner.

   (6) The process allows the removal of information when it reaches the end of its required retention period.

   (7) The process is documented so as to demonstrate to a reasonable person compliance with these criteria.

COMMENT

 

   The definition of “durable medium” is modeled on 430 Neb. Admin. Code, ch. 1, § 001.18 (2009).

§ 6-401(A) amended and § 6-401(C) deleted August 12, 2008; § 6-401(C) adopted January 21, 2010; § 6-401(C) renumbered to § 6-401(D) and § 6-401(C) adopted December 22, 2010, effective May 1, 2011.

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This page was last modified on Wednesday, October 24, 2012