California Rules of Court Electronic Filing Rules

Applies to

Proposed order

In e-filing cases, proposed orders must be submitted in two versions: a PDF with the EFS-020 cover sheet filed electronically, and an editable word-processing version emailed to the court and all parties.

If a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents under rules 2.250-2.261, two versions of the proposed order must be submitted: (1) A version of the proposed order must be attached to a completed Proposed Order (Cover Sheet) (form EFS-020), and the combined document in Portable Document Format (PDF) must be filed electronically; and (2) A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.

Required

Always

Electronic filers must comply with court requirements that ensure the integrity of electronic filing and protect sensitive personal information.

Comply with any court requirements designed to ensure the integrity of electronic filing and to protect sensitive personal information.

Electronic filers must furnish the information the court requires for case processing.

Furnish information the court requires for case processing.

Electronic filers must take reasonable steps to keep filings free of computer code, including viruses, that could harm the court's e-filing system or its users.

Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court's electronic filing system and to other users of that system.

Applies to

Papers

Papers filed electronically in the trial courts must comply with the form and format requirements set out in rule 2.256(b).

Papers that are submitted or filed electronically must meet the requirements in rule 2.256(b).

Electronic filing and service rules for contested civil proceedings apply equally to contested probate proceedings.

The provisions of Code of Civil Procedure section 1010.6 and rules 2.250–2.261 of the California Rules of Court concerning filing and service by electronic means apply to contested proceedings under the Probate Code and the Probate Rules to the same extent as they apply to other contested civil proceedings in each superior court in this state.

Applies to

Documents

A court may require parties to electronically file documents in civil actions by local rule, directly with the court and/or through approved electronic filing service providers.

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:

Applies to

Documents

A court may order all parties in class, consolidated, coordinated, or complex actions to file all documents electronically, provided the order would not cause undue hardship or significant prejudice.

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.

Electronic filing service providers and electronic filing managers must promptly transmit filings, applicable fees, and consent-to-electronic-service acknowledgments to the court directly or through the court's electronic filing manager.

An electronic filing service provider must promptly transmit any electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court directly or through the court's electronic filing manager. An electronic filing manager must promptly transmit an electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court.

Self-represented parties are exempt from mandatory electronic filing and service requirements.

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.

In mixed civil cases, represented parties may be required to file and serve electronically while self-represented parties file, serve, and are served by non-electronic means unless they affirmatively agree otherwise.

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.

Parties required to file electronically must be excused upon a showing of undue hardship or significant prejudice, and courts must provide a process for relief and a procedure for conventional filing.

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.

Local child support agencies may maintain original signed pleadings as electronic copies in the statewide automated child support system and may destroy the paper original.

Notwithstanding (A)-(C), local child support agencies may maintain original, signed pleadings by way of an electronic copy in the statewide automated child support system and must maintain them only for the period of time stated in Government Code section 68152(a). If the local child support agency maintains an electronic copy of the original, signed pleading in the statewide automated child support system, it may destroy the paper original.

A court that contracts with an electronic filing service provider may require electronic filers to transmit their documents to that provider for filing.

If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider.

The court's contracted electronic filing system or in-house system must accept filings submitted through other compatible electronic filing service providers.

If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them.

Applies to

Summons

On electronic filing of a complaint, petition, or other summons-served document in a civil action, the court may transmit a summons electronically to the electronic filer.

On the electronic filing of a complaint, a petition, or another document that must be served with a summons in a civil action, the court may transmit a summons electronically to the electronic filer in accordance with this subdivision and Code of Civil Procedure section 1010.6.

Applies to

Summons

On electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor.

On the electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor in accordance with this subdivision and Penal Code sections 690.5, 1390, and 1391.

Applies to

Summons

When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve it.

When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve the summons in accordance with this subdivision and Penal Code sections 690.5, 813, and 816a.

The rules in this chapter are construed to authorize and permit electronic filing and service to the extent feasible.

The rules in this chapter must be construed to authorize and permit filing and service by electronic means to the extent feasible.

Applies to

Council form

Parties may file computer-produced duplicates of Judicial Council forms.

A party may file a "duplicate" of a council form produced entirely by computer (rule 1.44).

Courts may implement e-filing through direct filing, approved electronic filing service providers, or a combination of both.

Except as otherwise provided by law, a court in the Code of Civil Procedure may provide for the electronic filing of documents directly with the court, indirectly through one or more approved electronic filing service providers, or through a combination of direct and indirect means.

Courts may authorize electronic filing of documents in proceedings under the specified statutes and chapter rules.

A court may provide for electronic filing of documents in actions and proceedings as provided under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.

Courts may accept paper filings when a party cannot feasibly convert a document to electronic form.

When it is not feasible for a party or other person to convert a document to electronic form by scanning, imaging, or another means, a court may allow that party or other person to file the document in paper form.

Applies to

Electronic copy of original document

In original-document cases, filers may e-file a copy if the original is filed within 10 calendar days.

In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.

Applies to

Application for waiver of court fees and costs

Courts must accept electronic filing of fee waiver applications whenever they accept e-filings.

The court must permit electronic filing of an application for waiver of court fees and costs in any proceeding in which the court accepts electronic filings.

Applies to

Court prepared document generic

The court may e-file documents it prepares, including notices, orders, minute orders, and judgments.

The court may electronically file any notice, order, minute order, judgment, or other document prepared by the court.

Applies to

Proposed order

Proposed orders may be e-filed in accordance with rule 3.1312.

Proposed orders may be filed and submitted electronically as provided in rule 3.1312.

Applies to

Documents

A court may permit parties to file documents electronically by local rule in any type of case.

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.

A court instituting mandatory electronic filing must specify the types or categories of civil actions subject to it.

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.

Applies to

Documents

A court's order may provide that documents previously filed in paper may be resubmitted electronically, and that receipt of the court's confirmation of filing constitutes service if the filed document is available electronically.

The court's order may also provide that: (A) Documents previously filed in paper form may be resubmitted in electronic form; and (B) When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.

Self-represented parties, though exempt from mandatory electronic filing, are encouraged to participate voluntarily in electronic filing and service.

Although this rule exempts self-represented parties from any mandatory electronic filing and service requirements, these parties are encouraged to participate voluntarily in electronic filing and service.

Court-ordered electronic filing under subdivision (c) is not subject to the requirement that the court and parties have access to more than one electronic filing service provider.

Court-ordered electronic filing under this subdivision is not subject to the provisions in (b) and Code of Civil Procedure section 1010.6 requiring that, where mandatory electronic filing and service are established by local rule, the court and the parties must have access to more than one electronic filing service provider.