Fresno Superior Court Electronic Filing Rules

Papers exempt from mandatory electronic filing must be submitted at the Clerk’s Office during normal business hours, excluding posted court holidays.

All papers not subject to mandatory electronic filing are to be submitted for filing at the Clerk’s Office during normal business hours, excluding court holidays, as posted on the court’s website, www.fresno.courts.ca.gov.

Applies to

Trial readiness papers

The specified trial-readiness papers must be electronically filed before trial readiness and submitted to the assigned trial judge immediately afterward.

The foregoing papers shall be e-filed before trial readiness and submitted to the assigned trial judge immediately after trial readiness per Local Rule 2.6.2D.

Applies to

Administrative record

The administrative record must be submitted electronically through e-filing.

However, pursuant to California Rule of Court, rule 3.2206, the court orders that the administrative record be submitted electronically, through e-filing.

Represented parties and entities must electronically file documents in all civil, including unlawful-detainer initial filings, family-law, and probate actions unless the court excuses them.

Pursuant to Code of Civil Procedure § 1010.6(g), documents filed by represented parties or entities, including but not limited to an attorney representing the public interest such as the District Attorney’s office, the Attorney General’s office and the Department of Child Support Services, in all civil (including unlawful detainer initial filings), family law, and probate actions must be filed electronically unless the Court excuses parties from doing so.

Applies to

Charging documents

Prosecuting agencies must electronically file adult felony, misdemeanor, and domestic-violence charging documents, including arrest warrants, and related accompanying documentation.

A prosecuting agency shall electronically file charging documents (the criminal complaint, information, will prosecute, and/or indictment) in all adult Felony, Misdemeanor, and Domestic Violence cases, including Arrest Warrants. Additional documentation normally filed in conjunction with charging documents must also be filed electronically.

Applies to

Arrest warrants

Prosecuting agencies must electronically file arrest warrants, except criminal-infraction arrest warrants.

A prosecuting agency shall electronically file Arrest Warrants excluding Criminal Infractions.

Applies to

Dependency documents

The Department of Social Services must electronically file dependency-case documents and related documentation accompanying dependency petitions.

Department of Social Services shall electronically file documents in dependency cases. Additional documentation normally filed in conjunction with dependency petitions must also be filed electronically.

Electronic filing is generally prohibited in criminal and juvenile cases except for filings authorized by Rules 4.1.2A and 4.1.2B, with specified criminal motions and confidential case types remaining prohibited.

No electronic filing is permitted for criminal or juvenile cases, other than those filings described in Rules 4.1.2A and 4.1.2B, including amended charging documents, dismissed and re-filed charging documents, consolidated charging documents, Criminal Protective Orders, or subsequent filings into confidential case types including confidential name change, developmentally disabled and dangerous, forfeiture of confiscated weapon, involuntary medication, mental health, Murphy LPS conservatorship, petition to consent for medical treatment, petition for Electroconvulsive Therapy (ECT), Riese hearing, relief of firearm prohibition, certificate of rehabilitation and pardon, sexual violent predator, TB petition, petition for consent LPS conservatorship, writ of habeas corpus, adoption, appointment of confidential intermediary, petition to declare minor free, petition to establish parental relationship, set aside declaration of paternity, surrogacy, termination of parental rights, and unseal birth records. Criminal motions for case types which are currently prohibited from being electronically filed (Criminal Writ of Habeas Corpus, Relief of Firearms Prohibition, Forfeiture of Confiscated Deadly Weapon, Certificate of Rehabilitation and Pardon, Involuntary Medication, Sexually Violent Predator).

Documents eligible for electronic filing must be submitted through the court’s electronic service providers.

The electronic filing of documents must be effected using the Court’s electronic service providers.

Applies to

Listed documents

Electronic filing is prohibited for the listed document categories, subject to the stated exceptions for certain bonds and undertakings.

Notwithstanding any other provision of law or this rule, the following documents may not be filed electronically. 1. Affidavit re: Real Property of Small Value; 2. Bonds (except as detailed in Local Rule 4.13G); 3. Documents for cases under seal; 4. Labor Commissioner deposit of cash or check (see Local Rule 4.1.2G for details); 5. Subpoenaed documents; 6. Undertakings (except as detailed in Local Rule 4.1.2G); and

Applies to

Labor commissioner appeal

For an initiating Labor Commissioner appeal supported by a bond or undertaking, the bond or undertaking documentation must be electronically filed with the case.

Upon e-filing an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action has obtained a bond or undertaking, the bond or undertaking documentation must be e-filed with the initiated case in order to comply with Labor Code § 98.2(b).

Applies to

Labor commissioner appeal

A Labor Commissioner appeal initiated with a cash or check deposit is exempt from mandatory e-filing and must be filed directly with the court outside the e-filing system.

A party filing such an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action will be depositing cash or a check to satisfy the requirements of Labor Code § 98.2(b) will be excused from the mandatory e-filing requirements set forth in Rule 4.1.2A. Such a filing must be directly filed with the Court outside of the e- filing system.

Applies to

Confidential record

Confidential records may be filed electronically or physically, but electronic submissions must be designated confidential and identify the legal authority for confidentiality or they will be rejected.

Records required to be kept confidential as a matter of law may be submitted to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box. Failure to use the below procedure for filing confidential records will result in the records being rejected. 1. Documents filed as confidential shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system. Records not designated “confidential” in the e-filing process will automatically be accessible to the public. When submitting confidential records through e-filing, the filing party must indicate the legal authority that mandates the confidentiality of the record in the “Comments to Court” field.

Applies to

Lodged records

Records lodged through e-filing must be designated confidential by selecting the “confidential security group” option during the e-filing process.

Records lodged through e-filing must be designated “confidential” during the e-filing process. Documents submitted for lodging shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system.

Applies to

Lodged records

An e-filed lodged record must include the reason for lodging and any related court date in the “Comments to Court” field when applicable.

When submitting records for lodging through e-filing, the filing party must provide the following information in the “Comments to Court” field, as applicable: 1) the reason for lodging (ex. pending motion to seal, lodged for trial); and 2) any related court date (ex. motion on [date], trial: [date]).

Applies to

Lodged records

Records not designated confidential during e-filing will automatically be publicly accessible.

Records not designated “confidential” in the e-filing process will automatically be accessible to the public.

Applies to

Transcript

Court employees, per diem reporters, and pro tempore reporters must file appellate and court-ordered transcripts electronically through YesLaw in all case types.

In all case types, any court reporter utilized to report court proceedings shall file all appellate and court ordered transcripts electronically via YesLaw. This rule applies to Court employees, per diem and pro tempore court reporters.

When electronically filed, the Notice of Remote Appearance must be submitted as a separate document and not bundled with additional documents in the same electronic envelope.

When e-filing the Notice of Remote Appearance (RA 010), it must be e-filed as a separate document. Additional documents shall not be included in the same electronic envelope.

Applies to

Motion requiring prior department approval

An electronic form on the court website is available for obtaining prior department approval of motions subject to Rules 3.5.1A and D.

For motions requiring prior department approval pursuant to the procedure for other motions set forth in Rules 3.5.1A and D, an electronic form is available on the Fresno County Superior Court’s website to be completed and submitted to the department for prior approval.

Physical filing or lodging is permitted through an open clerk’s office or the drop box; oversized records require arrangements with the assigned department’s clerk, and mail or overnight delivery is prohibited without prior arrangement.

Records may be submitted for filing by physically submitting to a clerk’s office, if the clerk’s office is open. If the clerk’s office is not open, records may be deposited at a court drop box. If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.]

The stated rule does not apply in case types that do not permit electronic filing.

This rule does not apply to any case type that does not permit e-filing.

Applies to

Lodged records

Records may be lodged electronically through the court’s e-filing system or physically through the clerk’s office or drop box.

Records may be lodged with the court by submitting them to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box.

Applies to

Lodged records

Oversized physically lodged records require delivery arrangements with the assigned department’s clerk; if no department is assigned, the submitter must contact the clerk’s office by phone, and mail or overnight delivery requires prior arrangement.

If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. If no department has been assigned, the submitter must contact the clerk’s office by phone to make arrangements for delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.]

Applies to

Lodged records

The clerk’s office will not accept electronic storage media for lodging in unlimited or limited civil actions unless a court order permits it.

The clerk’s office will not accept electronic storage media for lodging in any unlimited civil or limited civil action, unless pursuant to a court order.

Claim applications submitted by facsimile or email will be rejected.

Claims submitted via facsimile and/or email will be rejected.

A posted drop-box policy may provide exceptions to the filing and acceptance rules.

Any exceptions to these rules can be effected by posting of a policy allowing filing through a drop-box.

Fresno County Superior Court allows self-represented litigants to fax-file civil, probate, and family law documents, specified juvenile documents under California Rules of Court 5.522, and only the listed documents in criminal cases.

The Superior Court of California, County of Fresno hereby adopts rule 2.300 et seq. of the California Rules of Court, allowing for facsimile filing of civil, probate and family law documents by self-represented litigants. The Superior Court of California, County of Fresno also allows for facsimile filing of specified documents in juvenile cases as set out in California Rules of Court 5.522. The Superior Court of California, County of Fresno allows for facsimile filing of only the following documents in a criminal case: the Declaration of Conflict of Interest executed under oath by the Fresno County Public Defender or appointed counsel; a proposed Order Substituting Attorney of Record for Defendant, FCR-33, or a proposed Order Substituting Attorney of Record for Defendant (Multiple Defendant Case), FCR-34; Petitions for Revocation of Supervision, and Warrants for Revocation of Supervision.

Electronic filing and service are encouraged but not required for self-represented parties.

Although not required, self-represented parties are encouraged to participate in electronic filing and service.

Applies to

Juvenile petitions

Petitions in juvenile criminal cases may be filed electronically.

Petitions may be filed electronically in juvenile criminal cases.

Applies to

Document

Parties to infraction cases may electronically file documents unless Rule 4.1.2(C) prohibits it.

Any party to an infraction case may electronically file documents, unless prohibited under Rule 4.1.2(C).

Applies to

Criminal moving paper

Parties, including self-represented parties, are encouraged to electronically file criminal motions, oppositions, briefs, and other moving papers unless prohibited.

Parties, including self-represented parties, are encouraged to electronically file all motions, oppositions, briefs, and any other moving papers for Criminal cases unless prohibited under Rule 4.1.2(C).

Applies to

Arrest warrant

Law enforcement agencies may electronically file arrest warrants except in criminal infraction cases.

Law Enforcement Agencies may file Arrest Warrants electronically excluding Criminal Infractions.

Information about the court’s electronic service providers is available on the court website.

Electronic service provider information is available on the Court’s website at www.fresno.courts.ca.gov

Claim applications may be submitted by mail or hand delivery.

Claim application documents may be submitted by mail or hand delivery as follows: