State courts, e-filing, and diffusion of innovation: a proposed framework of analysis

Abstract

Despite the widely touted benefits of electronic filing ("e-filing"), state courts continue to lag behind their federal counterparts and remain at various stages of evaluation, development, and implementation of e-filing systems. A number of reasons for lack of progress -- e.g., concerns regarding privacy, limited funding, the judiciary's lack of awareness of the benefits of e-filing -- have been suggested. This paper, building upon these suggestions, proposes a framework of analysis based upon a theory of innovation and diffusion, seeking to identify those factors that contribute to state courts' adoption of e-filing. The proposed framework of analysis is one avenue for exploring the underlying reasons for sluggish progress in this area, and this exploration will pave the way for a more comprehensive assessment of state courts' current e-filing initiatives, the challenges that state courts face as they transition to e-filing, and the policies that can be adopted to overcome these challenges.