Santa Clara Superior Court Electronic Filing Rules

WARNINGCivil cases

Applies to

Exhibits

Trial exhibits may not be filed but must be lodged with the trial department when known.

trial exhibits may not be filed, but must be lodged with the trial department when known

WARNING

Applies to

Adr stipulation and order form

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

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

WARNING

During trial, pleadings may be handed to the courtroom clerk and served by hand, provided they are also e-filed by close of business the next court day.

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.

WARNING

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

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

WARNING

Writs, abstracts, commissions, sister state judgments, certain subpoenas, Local Forms FN-022/FN-030, and unsatisfied-judgment certificates must be presented to the Clerk in paper form for issuance.

The following documents must be presented to the Clerk of the Court in paper form for issuance: Writs, Abstracts and Out of State Commissions, Sister State Judgments, Subpoenas for Out of State Actions, Local Fonn FN-022 (Order for Payment from Court Deposit), Local Form FN-030 (Payee Data Record), and Certificate of Facts Re: Unsatisfied Judgment.

WARNING

Bench warrants, cash/check deposits, bonds, undertakings, wills and codicils, original orders signed by a judicial officer, and trial exhibits must not be filed electronically.

The following documents must not be filed electronically: bench warrants, deposits of cash or check, bonds, undertakings, wills and codicils, original orders signed by a judicial officer, and trial exhibits.

WARNING

Self-represented parties are not required to e-file and may continue filing paper documents unless they affirmatively consent to electronic filing and service.

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.

WARNING

Applies to

Trial exhibits

Proposed trial exhibits must not be e-filed but lodged in paper format with the assigned trial department unless otherwise instructed.

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

WARNING

Applies to

Adr stipulation and order form

The ADR Stipulation and Order Form must be e-filed; the plaintiff is responsible for e-filing unless the parties otherwise agree.

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.

WARNING

Writs, abstracts, out-of-state commissions and subpoenas, sister state judgments, Local Forms FN-022/FN-030, and unsatisfied-judgment certificates must be presented to the Clerk in paper form for issuance.

The following documents must be presented to the Clerk of the Court in paper form for issuance: Writs, Abstracts and Out of State Commissions, Sister State Judgments, Subpoenas for Out of State Actions, Local Form FN-022 (Order for Payment from Court Deposit), Local Form FN-030 (Payee Data Record), and Certificate of Facts Re: Unsatisfied Judgment.

WARNING

Self-represented parties are not required to e-file and may file paper documents by non-electronic means unless they affirmatively consent to electronic filing and service via form EFS-005-CV.

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 so 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 [EFS-005-CV].

WARNING

Applies to

Motion

Certain post-information/indictment motions (consolidate, amend, sever, Pitchess discovery, unseal, bond surety, return seized property, vehicle storage hearings) may be filed directly with the clerk's office; all other Law and Motion matters must be scheduled via calendar request.

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.

WARNING

A party may manually file documents that cannot be converted to or viewed in electronic format, but must file and serve a Notice of Manual Filing stating the reason.

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.

WARNING

A party may manually file documents that cannot be converted to or viewed in electronic format, but must file and serve a Notice of Manual Filing stating the reason.

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 must 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.

INFO

Parties are encouraged to electronically lodge administrative records in the Odyssey case file.

For ease of later transmission to the Court of Appeal as part of the appellate record, parties who wish to place an administrative record before the trial court under CRC 3.1140 are encouraged to electronically lodge such record in the Odyssey case file (rather than or in addition to submitting a paper or electronic copy to the superior court) in addition to providing the individual trial judge with an electronic courtesy copy and/or any excerpts if so requested.

INFO

Parties are strongly encouraged to file documents electronically in the Appellate Division, especially for omissions, motions to augment, and expedited filings.

Even where electronic filing is not made mandatory by Rule 6 of the General Court and Administration Rules, parties are strongly encouraged to file documents electronically in the Appellate Division. Electronic filing is especially recommended for notices of omission from the record on appeal (filed in the trial court), motions to augment the record on appeal, or any filing or request by which the filer wishes to expedite submission of an appeal or seeks any action by the Appellate Division before decision on the merits.

INFOCivil cases

Self-represented parties are not required to e-file and may file paper documents unless they agree to electronic filing.

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.

INFOCivil cases

Self-represented parties may agree to e-filing by filing consent form EFS-005-CV.

Self-represented parties are encouraged to agree to electronic filing and service and may so 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 [EFS-005-CV].

INFOCivil cases

The guidelines identify the court's e-filing website as http://www.scscourt.org/forms_and_filing/efiling.shtml.

E-Filing Web Site: http://www.scscourt.org/forms_and_filing/efiling.shtml

INFOCivil cases

Applies to

Civil restraining order application

Civil restraining order applications may be e-filed or filed in clerk's office during business hours.

Applications for civil harassment, elder abuse, private post-secondary school violence, transitional housing misconduct, or workplace violence restraining order must include a Declaration in Support of Ex Parte Application for Civil Restraining Orders (form CV-5014) and may be e-filed or filed in the clerk’s office at any time during the clerk’s office hours.

INFOCivil cases

Applies to

Adr stipulation

Parties who previously stipulated to ADR may later stipulate to another form of ADR by e-filing a signed ADR Stipulation and Order Form.

Parties who have previously stipulated to any form of ADR may later stipulate to another form of ADR by e-filing a signed ADR Stipulation and Order Form.

INFO

In criminal cases, accusatory pleadings may be filed electronically to commence prosecution and parties may e-file and e-serve documents, except for motions to set aside a bail forfeiture and appeals of their denial.

Pursuant to Penal Code section 959.1, a criminal prosecution may be commenced by filing an accusatory pleading in electronic form. In addition, parties in criminal matters may file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure section 1010.6, and the authorities cited in paragraph 6(A) except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture.

INFO

Applies to

Administrative record

For ease of later transmission to the Court of Appeal as part of the appellate record, parties who wish to place an administrative record before the trial court under CRC 3.1140 are encouraged to electronically lodge such record in the Odyssey case file (rather than or in addition to submitting a paper or electronic copy to the superior court) in addition to providing the individual trial judge with an electronic courtesy copy and/or any excerpts if so requested.

For ease of later transmission to the Court of Appeal as part of the appellate record, parties who wish to place an administrative record before the trial court under CRC 3.1140 are encouraged to electronically lodge such record in the Odyssey case file (rather than or in addition to submitting a paper or electronic copy to the superior court) in addition to providing the individual trial judge with an electronic courtesy copy and/or any excerpts if so requested.

INFO

Documents may be filed either electronically or in paper form at the Clerk's Office, subject to stated exceptions.

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.

INFO

Applies to

Adr stipulation

Parties who previously stipulated to one form of ADR may later change to another form by e-filing a signed ADR Stipulation and Order Form.

Parties who have previously stipulated to any form of ADR may later stipulate to another form of ADR by e-filing a signed ADR Stipulation and Order Form.

INFO

Parties are strongly encouraged to file documents electronically in the Appellate Division, especially for certain appellate filings.

Even where electronic filing is not made mandatory by Rule 6 of the General Court and Administration Rules, parties are strongly encouraged to file documents electronically in the Appellate Division. Electronic filing is especially recommended for notices of omission from the record on appeal (filed in the trial court), motions to augment the record on appeal, or any filing or request by which the filer wishes to expedite submission of an appeal or seeks any action by the Appellate Division before decision on the merits.

INFO

Guardians and conservators may elect to lodge original account statements and other referenced documents with the Court.

Pursuant to Probate Code § 2620, the guardian or conservator may elect to lodge with the Court the originals of the account statements and all other documents referenced in § 2620(c).