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A court may permit, or require, parties to file documents electronically in civil actions by local rule under Code of Civil Procedure section 1010.6, specifying the case types covered; self-represented parties are exempt from mandatory electronic filing and service and, in mixed cases, file, serve and are served by non-electronic means unless they agree otherwise; a party required to e-file must be excused on a showing of undue hardship or significant prejudice through a process the court must provide; fees must be consistent with section 1010.6, and the effective date of filing is as section 1010.6 prescribes. A court that permits e-filing may also order all parties in a class, consolidated, coordinated or complex action to file electronically.
California > Superior courts (civil electronic filing by local rule or order)
(a) Permissive electronic filing by local rule A court may permit parties by local rule to file documents electronically in any types of cases, subject to the conditions in Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. (b) Mandatory electronic filing by local rule A court may require parties by local rule to electronically file documents in civil actions directly with the court, or directly with the court and through one or more approved electronic filing service providers, or through more than one approved electronic filing service provider, subject to the conditions in Code of Civil Procedure section 1010.6, the rules in this chapter, and the following conditions: (1) The court must specify the types or categories of civil actions in which parties or other persons are required to file and serve documents electronically. The court may designate any of the following as eligible for mandatory electronic filing and service: (A) All civil cases; (B) All civil cases of a specific category, such as unlimited or limited civil cases; (C) All civil cases of a specific case type, including but not limited to, contract, collections, personal injury, or employment; (D) All civil cases assigned to a judge for all purposes; (E) All civil cases assigned to a specific department, courtroom or courthouse; (F) Any class actions, consolidated actions, or group of actions, coordinated actions, or actions that are complex under rule 3.403; or (G) Any combination of the cases described in subparagraphs (A) to (F), inclusive. (2) Self-represented parties or other self-represented persons are exempt from any mandatory electronic filing and service requirements adopted by courts under this rule and Code of Civil Procedure section 1010.6. (3) In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise. (4) A party or other person that is required to file and serve documents electronically must be excused from the requirements if the party or other person shows undue hardship or significant prejudice. A court requiring the electronic filing and service of documents must have a process for parties or other persons, including represented parties or other represented persons, to apply for relief and a procedure for parties or other persons excused from filing documents electronically to file them by conventional means. (5) Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6. (6) The effective date of filing any document received electronically is prescribed by Code of Civil Procedure section 1010.6. This provision concerns only the effective date of filing. Any document that is received electronically must be processed and satisfy all other legal filing requirements to be filed as an official court record. … (c) Electronic filing by court order (1) If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to file all documents electronically. (2) A court may combine an order for mandatory electronic filing with an order for mandatory electronic service as provided in rule 2.252(d).
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.