ADA
General Rule 6

GENERAL RULE 6: ELECTRONIC FILING

These rules shall apply to electronic filing of documents with the Court.


A. MANDATORY ELECTRONIC FILING AND SERVICE

Parties are referred to and shall also comply with all requirements and conditions for electronic filing and service as set forth in Code of Civil Procedure section 1010.6(a)(1), (3), (4), (b)(1), (2), (5) and California Rules of Court, Rules 2.250 through 2.253, 2.256, 2.257, and 2.259, unless this Rule provides otherwise.

As authorized by Code of Civil Procedure section 1010.6(g) and California Rules of Court, Rule 2.253(b)(1)(A), all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases) shall file and serve documents electronically, except when personal service is required by statute or rule, and excluding ex parte applications which shall be submitted to the Court in paper form as directed by the Local Rules of the Division.

Self-represented parties are not required to file and serve documents electronically. Self-represented parties may continue to file, serve, and receive paper documents by non-electronic means according to all statutory requirements and the California Rules of Court that apply to paper documents, unless the self-represented party affirmatively agrees to electronic filing and service. Self-represented parties are encouraged to agree to electronic filing and service, and may agree by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Form CW-9024 ).

An attorney who is required to file, serve, and receive documents electronically under this Rule may request to be excused from those requirements by showing undue hardship or significant prejudice. An attorney requesting to be excused from mandatory electronic filing and service shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007 ) with a Proposed Order (Judicial Council Form EFS-008 ). An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing, as fee waivers may be requested if the party otherwise qualifies for or has been granted a fee waiver as provided in this Rule.

(Eff. 6/20/16)

B. DEADLINE FOR FILING

Any document that is electronically filed with the Court after the close of business on any day shall be deemed to have been filed on the next court day. “Close of business,” as used in this paragraph, shall mean the deadline for depositing documents in the filing drop box in the Clerk’s Office for same-day filing.

(Eff. 6/20/16)

C. ELECTRONIC FILING AND SERVICE PROCEDURES

Documents must be electronically filed with the Court using one of the Court’s approved electronic filing service providers. Information concerning the approved electronic filing service providers, including the procedures for electronically filing documents with the Court and for electronically serving documents, is available on the Court’s website at www.scscourt.org.

(Eff. 6/20/16)

D. ELECTRONIC FILING FEE WAIVER

A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the Court an application for waiver of court fees and costs [Judicial Council Forms FW-001  and FW-002 ].

(Eff. 6/20/16)

 

E. CONFIDENTIAL DOCUMENTS

Except as provided in California Rules of Court, Rules 2.500 through 2.507, an electronically filed document is a public document at the time it is filed unless it is sealed under CRC 2.551(b) or filed as a confidential document pursuant to law. Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the Court under this Rule, such as social security numbers, and financial account numbers.

Where required, a motion to file documents under seal shall be filed and served electronically. However, documents lodged with the Court conditionally under seal, as provided in CRC 2.551(d), shall be served and submitted to the Clerk of the Court in paper form, pending hearing on the motion to seal.

(Eff. 6/20/16)

F. DOCUMENTS NOT FILED ELECTRONICALLY

The following documents shall not be filed electronically: bench warrants, deposits of cash or check, bonds, undertakings, wills and codicils, and trial exhibits.

The following documents must be presented to the Clerk of the Court in paper form for issuance: Writs, Abstracts and Out of State Commissions, Certificate of Facts Re: Unsatisfied Judgment, Orders of Examination, Letters issued by the Probate Court, and Citations issued by the Probate Court.

During trial, a party may submit to the courtroom clerk and serve by hand any pleadings, as long as the pleadings are also filed electronically before the close of business no later than the following court day.

A party may be excused from filing any particular document electronically if it is not available in electronic format and it is not feasible for the party to convert the document to electronic format by scanning it to PDF or it may not be comprehensively viewed in an electronic format. Exhibits to declarations that are real objects also need not be filed electronically. Such a document or exhibit may be manually filed with the Clerk of the Court and served upon the parties by conventional non-electronic means. A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.

A party who is required, under these Rules, the California Rules of Court or otherwise, to lodge copies or to submit courtesy copies of certain documents at the request of the trial judge or other judge, shall continue to deliver such documents in paper form. In the Civil Division, such documents shall be delivered to Court Services with the Department number on the front page.

(Eff. 6/20/16)

G. FORMAT FOR EXHIBITS

Exhibit attachments to pleadings filed electronically shall be separated by a single page with a title identifying the sequence of the exhibit.

(Eff. 6/20/16)

H. ELECTRONIC FILING AND TRACKING OF TRIAL EXHIBITS

Proposed trial exhibits shall not be filed electronically but shall be lodged in paper format with the trial department once assigned, unless otherwise instructed by the Court.

(Eff. 6/20/16)

I. PROPOSED ORDERS

Subject to any exemptions described above, proposed orders submitted with moving papers before a hearing on a regularly-noticed motion or orders after hearing shall be lodged with the Court electronically in PDF format attached to Judicial Council Form EFS-020 . At the same time as the EFS-020 and the PDF proposed order are lodged with the Court electronically, a version of the proposed order in an editable word-processing format shall be submitted to the Court by electronic mail using an address identified on the Court’s website. All other orders shall continue to be submitted to the Court in paper form.

(Eff. 6/20/16)




 

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