Santa Clara Superior Court Electronic Filing Rules

CRITICAL

The Declaration and Application for Order must be submitted to the courtroom clerk in the Juvenile Department where the action would normally be heard, or eFiled per Rule 6.

The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the Juvenile Department where the pending action would normally be heard or eFiled in accordance with Rule 6.

CRITICALCivil cases

Applies to

Ex parte documents

Attorneys must file ex parte documents by electronic filing; self-represented parties may e-file or submit in person to the Probate Filing Office.

The petition, a proposed order (attached to Judicial Council Form EFS-020, if submitted by electronic filing), and supporting documents should be submitted with form PB-4078 or PB-4080, as specified in sections 1 and 2 above. Attorneys must file the documents by electronic filing. Self-represented parties may submit the documents by electronic filing or by presenting them to the Probate Filing Office.

CRITICALCivil cases

Applies to

Restraining order

Initial restraining order requests and temporary restraining orders are filed at Family Court, while Orders After Hearing from Probate Court hearings are filed at the Probate Court Clerk's Office.

The initial restraining order request and any temporary restraining orders shall be filed at Family Court. Any Orders After Hearing that are a result of a hearing at the Probate Court will be filed at the Probate Court Clerk's Office.

CRITICALCriminal cases

Applies to

Motion

The original of any motion, pleading, or petition must be filed electronically or in the Criminal Court Clerk's office where the case is to be heard.

The party filing any motion, pleading, or petition, must file the original electronically or in the Criminal Court Clerk's office when the case is to be heard.

CRITICALCriminal cases

Documents must be electronically filed using one of the court's approved electronic filing service providers.

Consistent with rule 6(C) of the General Court and Administration Rules, documents must be electronically filed with the court using one of the court's approved electronic filing service providers.

CRITICALCivil cases

Applies to

Probate guardianship petition

All probate guardianship petitions must be filed at the courthouse at 191 North First Street, San Jose, CA 95113.

Probate Petitions for Guardianship of the Person of a Minor, Petitions for Guardianship of the Person and Estate of a Minor, and Petitions for Guardianship of the Estate of a Minor shall be filed at 191 North First Street, San Jose, CA 95113.

CRITICAL

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration Rules.

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration Rules.

CRITICALCriminal cases

Documents may be filed electronically or in paper form at the Clerk's Office, subject to the exclusions described below.

Documents may be filed electronically or in paper form at the Clerk's Office consistent with Rule 6(C) and (D)(1) and (2) of the General Court and Administration Rules except as described below.

CRITICALCriminal cases

Motions to set aside bail forfeitures, appeals of such denials, and documents filed conditionally under seal may not be filed electronically.

Any motion to set aside a bail forfeiture, any appeal of a denial of a motion to set aside a bail forfeiture, and any documents filed conditionally under seal may not be filed or submitted electronically.

CRITICALCivil cases

Applies to

Application and order

DFCS must e-file an Application and Order requesting the court order the child returned to the parent on a Family Maintenance plan.

DFCS shall efile an Application and Order requesting that the court order the child returned to the parent on a plan of Family Maintenance.

CRITICALCivil cases

Applies to

Application and order

When no party objects to immediate return, DFCS must e-file an Application and Order requesting the court order the child returned to the parent.

In instances where there is no objection to immediate return, DFCS shall efile an Application and Order requesting that the court order the child returned to the parent on a plan of Family Maintenance.

CRITICALCivil cases

Applies to

Civil document

adopting mandatory electronic filing will eliminate the need to scan into the Odyssey case management system all of the documents currently filed in civil matters in Santa Clara

adopting mandatory electronic filing will eliminate the need to scan into the Odyssey case management system all of the documents currently filed in civil matters in Santa Clara

CRITICAL

Applies to

Ex parte application

Attorney applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must be submitted to the Court through e-filing.

Attorney applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must comply with Local Family Rule 5 and must be submitted to the Court through e-filing.

CRITICALCivil cases

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

CRITICALCivil cases

Applies to

Adr stipulation and order form

Unless the parties agree otherwise, the plaintiff is responsible for e-filing the ADR Stipulation and Order Form.

Unless the parties otherwise agree, the plaintiff is responsible for e-filing the stipulation and order.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte applications must be e-filed by counsel and parties with access; self-represented litigants may file paper via dropbox.

Ex parte applications must be electronically filed by counsel and any parties who have access to the court’s e-filing system. Self-represented litigants may file ex parte applications in paper form by placing them in the dropbox at DTS.

CRITICAL

Applies to

Ex parte application

Attorneys must submit ex parte requests through e-filing; self-represented litigants may use the FJCC drop box or e-filing, with filing fees due with the motion.

All ex parte requests by attorneys must be submitted to the Court Specialist through e-filing with any filing fees due with the motion. All ex parte requests by self- represented litigants must be submitted to the Court Specialist by using the FJCC drop box or by e-filing with any filing fees due with the motion.

CRITICALCivil cases

Applies to

Application

Judges ADR Program applications must be e-filed and approved by the Civil Supervising Judge.

The application must be e-filed and approved by the Civil Supervising Judge.

CRITICAL

Applies to

Ex parte application

Self-represented litigant applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must be submitted to the Court by using the FJCC drop box or by e-filing.

Self-represented litigant applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must comply with Local Family Rule 5 and must be submitted to the Court by using the FJCC drop box or by e-filing.

CRITICALCivil cases

Applies to

Adr stipulation and order form

All parties must e-file the ADR Stipulation and Order Form; unless the parties agree otherwise, the plaintiff is responsible for e-filing it.

All parties must complete the ADR Stipulation and Order Form, (local form CV-5008), check the box “Early Settlement Conference, pursuant to Local Civil Rule 4,” include the signature of the chosen neutral on either the original or amended stipulation, and e-file the ADR Stipulation and Order Form. Unless the parties otherwise agree, the plaintiff is responsible for e-filing the ADR Stipulation and Order Form.

CRITICALCivil cases

Applies to

Civil document

Mandatory electronic filing is established for civil matters in Santa Clara County Superior Court, with mandatory use of the Consent to E-Filing Form.

To eliminate the need to scan into the Odyssey case management system all of the documents currently filed in civil matters in Santa Clara, (1) the following local rules: General Court and Administration Rule 6, Civil Rule 16, Family Rule 1(H), Juvenile Rule 1(D) and Probate Rules 1(G) and 2(A) and (F) are adopted; and (2) use of the Consent to E-Filing Form shall be mandatory.

CRITICALCivil cases

All complex and provisionally complex actions are subject to the Court's Electronic Filing and Service Standing Order unless exempted by court order for good cause.

All actions classified as complex or provisionally complex are subject to the Court’s Electronic Filing and Service Standing Order, unless exempted by order of the Court for good cause. Further information is posted on the Court’s website at http://www.scscourt.org/forms_and_filing/efiling.shtml.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte applications for judgment/stay of eviction must be presented in person to the clerk's office during regular hours; all other ex parte applications must be submitted electronically.

Ex parte applications for judgment pursuant to stipulation and ex parte applications for stay of eviction must be presented in person to the clerk's office. Ex parte applications for judgment pursuant to stipulation must be presented during the clerk's office's regular hours. Applications for stay of eviction may also be presented any time during the clerk's office regular hours. Once presented, the applicant will be directed to the appropriate department. All other ex parte applications are to be submitted electronically.

CRITICAL

The JSSC application must be submitted through electronic filing for approval by the Family Supervising Judge.

The application must be submitted to and approved by the Family Supervising Judge via electronic filing.

CRITICAL

Santa Clara County has adopted a Resolution and General Order establishing mandatory electronic filing.

Resolution and General Order Re: Mandatory Electronic Filing May 26, 2016

CRITICAL

Parties filing electronically must use one of the court's approved electronic filing service providers, with procedures available on the court's website.

Parties filing documents electronically must use 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.

CRITICAL

Applies to

Ex parte application

Self-represented litigant applications for ex parte, emergency, or domestic violence restraining orders must comply with Local Family Rule 5 and be submitted via the FJCC drop box or e-filing.

Self-represented litigant applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must comply with Local Family Rule 5 and must be submitted to the Court by using the FJCC drop box or by e-filing.

CRITICAL

Applies to

Petition for writ of habeas corpus

Habeas corpus petitions must be filed by personal delivery, direct fax, or email in the Probate Clerk's Office.

The Petition shall be filed in the Probate Clerk’s Office by one of the following methods: personal delivery, direct fax or email.

CRITICAL

Ex parte applications must be e-filed by counsel and parties with e-filing access; self-represented litigants may file in paper form via the DTS dropbox.

Ex parte applications must be electronically filed by counsel and any parties who have access to the court's e-filing system. Self-represented litigants may file ex parte applications in paper form by placing them in the dropbox at DTS.

CRITICAL

Applies to

Adr application

The Judges ADR Program application must be e-filed and approved by the Civil Supervising Judge.

The application must be e-filed and approved by the Civil Supervising Judge.

CRITICAL

Applies to

Ex parte application

Certain ex parte applications (judgment by stipulation, stay of eviction) must be presented in person to the clerk's office, while all other ex parte applications must be submitted electronically.

Ex parte applications for judgment pursuant to stipulation and ex parte applications for stay of eviction must be presented in person to the clerk’s office. Ex parte applications for judgment pursuant to stipulation must be presented during the clerk’s office’s regular hours. Applications for stay of eviction may also be presented any time during the clerk’s office regular hours. Once presented, the applicant will be directed to the appropriate department. All other ex parte applications are to be submitted electronically.

CRITICAL

All parties represented by attorneys in all civil cases must file and serve documents electronically, except when personal service is required by statute or rule or the document is an ex parte application submitted per the Local Rules.

As authorized by Code of Civil Procedure section 1010.6(d) and 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) must 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 as directed by the Local Rules of the Division in question.

CRITICAL

Applies to

Civil case

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

CRITICAL

Attorneys must electronically file ex parte documents; self-represented parties may e-file or submit in person to the Probate Filing Office.

Attorneys must file the documents by electronic filing. Self-represented parties may submit the documents by electronic filing or by presenting them to the Probate Filing Office.

CRITICAL

Bail forfeiture motions, appeals of their denial, and conditionally-under-seal documents may not be e-filed.

Any motion to set aside a bail forfeiture, any appeal of a denial of a motion to set aside a bail forfeiture, and any documents filed conditionally under seal may not be filed or submitted electronically.

CRITICAL

Applies to

Final discharge petition

Ex Parte Petitions for Final Discharge are exempt from the electronic filing and ex parte procedures and must be submitted in hard copy to the Probate Filing Office.

The above procedures do not apply to Ex Parte Petitions for Final Discharge (Form DE-295 / GC-395). Such petitions should be submitted in hard copy form to the Probate Filing Office.

CRITICAL

Applies to

Ex parte application

Attorney applications for ex parte, emergency, or domestic violence restraining orders must comply with Local Family Rule 5 and be submitted through e-filing.

Attorney applications for ex parte or emergency orders, or domestic violence restraining orders in Family Law matters must comply with Local Family Rule 5 and must be submitted to the Court through e-filing.

CRITICAL

Electronic filing and service is mandatory; details are governed by Rule 6 of the General Court and Administration Rules.

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration

CRITICAL

The original of any motion, pleading, or petition must be filed either electronically or with the Criminal Court Clerk.

The party filing any motion, pleading, or petition, must file the original electronically or in the Criminal Court Clerk’s office when the case is to be heard.

CRITICAL

Documents must be e-filed using an approved electronic filing service provider.

Consistent with rule 6(C) of the General Court and Administration Rules, 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.

CRITICAL

Attorney ex parte requests must be e-filed; self-represented litigants may use the FJCC drop box or e-file, with filing fees due.

All ex parte requests by attorneys must be submitted to the Court Specialist through e-filing with any filing fees due with the motion. All ex parte requests by self- represented litigants must be submitted to the Court Specialist by using the FJCC drop box or by e-filing with any filing fees due with the motion.

CRITICAL

Applies to

Jssc application

The JSSC application must be submitted to and approved by the Family Supervising Judge via electronic filing.

The application must be submitted to and approved by the Family Supervising Judge via electronic filing.

CRITICAL

Applies to

Family document

Electronic filing and service in Family Law matters is mandatory per Rule 6 of the General Court and Administration Rules.

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration Rules.

CRITICAL

Applies to

Media request

Media coverage request forms must be filed electronically with the Court's Public Information Officer at least five court days before the proceeding unless good cause is shown.

The forms shall be filed electronically with the Court's Public Information Officer, or another Court employee designated by the Court Executive Officer, at least five court days before the portion of the proceeding to be covered unless good cause is shown.

WARNINGCivil cases

Applies to

Ex parte final discharge petition

Ex Parte Petitions for Final Discharge (DE-295/GC-395) are not subject to the standard ex parte procedures and should be submitted in hard copy to the Probate Filing Office.

The above procedures do not apply to Ex Parte Petitions for Final Discharge (Form DE-295 / GC-395). Such petitions should be submitted in hard copy form to the Probate Filing Office.

WARNINGCriminal cases

Petitions for Writs of Mandate and/or Prohibition must be filed in the Civil Division of the Downtown Superior Courthouse.

Petitions for Writs of Mandate and/or Prohibition shall be filed in the Civil Division of the Downtown Superior Courthouse located at 191 North First Street, San José, California.

WARNINGCriminal cases

Criminal writ petitions (habeas corpus, mandate, coram nobis) must be filed in the Criminal Division at the Hall of Justice.

Petitions for writs such as Writs of Habeas Corpus, Writs of Mandate or Writs of Coram Nobis in criminal cases shall be filed in the Criminal Division at the Hall of Justice.

WARNINGCivil cases

Applies to

Petition

The petition may be filed by personal delivery, fax (per CRC 2.304 to (408) 882-2694), or email (scanned PDF to quarantinewrit@scscourt.org).

The Petition shall be filed in the Probate Clerk’s Office by one of the following methods: personal delivery, direct fax or email. If the Petition is filed by fax, it shall be in accordance with CRC 2.304 and faxed to (408) 882-2694. If the Petition is filed by email, it shall be scanned, attached as a pdf file, and emailed to quarantinewrit@scscourt.org.

WARNINGCriminal cases

Certain designated post-information/indictment matters may be filed directly with the clerk's office, while all other Law and Motion matters must be scheduled via a calendar request with the Law and Motion department.

The following Post-Information/Indictment matters may be filed directly with the clerk’s office: motions to consolidate, motions to amend, motions to sever, Pitchess/police personnel records discovery, motions to unseal documents, bond surety motions, motions to return seized property, and Vehicle Code section 14602.7 storage hearings. All other Law and Motion matters must be scheduled via calendar request with the Law and Motion department.

WARNINGCriminal cases

Petitions for Writs of Habeas Corpus regarding Quarantine Detention must be filed in the Probate Division of the Downtown Superior Courthouse.

Petitions for Writs of Habeas Corpus Re: Quarantine Detention shall be filed in the Probate Division of the Downtown Superior Courthouse located at 191 North First Street, San José, California.