ELECTRONIC FILING REQUIREMENTS. Stanislaus County Superior Court Civil Division

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Article 1. Definitions and General Provisions

Transcription:

PERMISSIVE efiling ELECTRONIC FILING REQUIREMENTS Stanislaus County Superior Court Civil Division Effective May 2, 2016, documents may be filed electronically in general civil cases for limited and unlimited matters. Stanislaus County Superior Court will not electronically file the following case types at this time: Unlawful Detainers, Small Claims, Family Law, Probate, Criminal, Juvenile, or Traffic. Electronic Filing is not mandatory in Stanislaus County Superior Court. Local Rules regarding efiling will be updated July 1, 2016. These requirements are issued pursuant to Rule 2.250 of the California Rules of Court, Code of Civil Procedure 1010.6 and Stanislaus County Superior Court s General Order in Re Electronic Filing Procedures. Effective April 11, 2016, documents that are determined to be unacceptable for efiling by the Court due to efiling system restrictions will be rejected subject to being allowed to be filed nunc pro tunc to the original submittal date upon exparte application to the Court and upon good cause shown. It is the duty of the Plaintiff (and Cross-Complainant) to serve a copy of the General Order in Re Electronic Filing Procedures, Case No. 2018548-6, and the Electronic Filing Requirements of the Stanislaus County Superior Court document with the complaint (and cross- complaint). DOCUMENTS: All Judicial Council forms and local forms submitted for the Civil Division must bear the address of: 801 10 th Street, 4 th Floor, Modesto, CA 95354. Documents submitted without the correct address will be rejected. The Court will accept Affidavits of Publication electronically if submitted with a cover sheet allowing space for the Court s file mark. The cover sheet must meet the formatting requirements of Rule 2.111 of the California Rules of Court. Revised 6/2/2016 Page 1 of 5

DOCUMENTS INELIGIBLE FOR efiling: The following documents or payments are not eligible for efiling and must be filed in paper form: 1. Abstract of Judgment; 2. Administrative records; 3. Appeals documents; 4. Award under Worker s Compensation Act; 5. Certificate of Facts; 6. Certificate of Authenticity/Exemplification; 7. Change of Name Petitions; 8. Change of Name and/or Gender Petitions; 9. Confession of Judgment; 10. Confidential documents lodged conditionally under seal; 11. Court Reporter Reimbursement payments; 12. Documents listed under rule 3.250 of the California Rules of Court; 13. Interpleader Funds; 14. Jury Reimbursement payments; 15. Letters to judicial officers; 16. Notice of Appeal of Labor Commissioner 17. Notice of Pendency of Action; Notice of Lis Pendens; 18. Out of State Commission/Subpoena; 19. Restraining Orders; 20. Safe at Home Name Change Petitions; 21. Sealed records; 22. Subpoenaed documents; 23. Trial documents identified in Local Rule 3.09 as requiring lodging; 24. Trust deposits; 25. Undertakings/surety bonds; 26. Warrants 27. Writ of Execution; Writ of Possession; Writ of Sale Revised 6/2/2016 Page 2 of 5

REQUIREMENTS FOR ALL EFILERS Electronically filed documents can only be submitted through the Court s Electronic Filing and Service Provider ( EFSP ) One Legal. All efilers must comply with Rules 2.250 through 2.261 of the California Rules of Court. A ll documents electronically filed must be in a text searchable format, i.e., OCR. The Court is unable to accept documents that do not comply with these requirements, or documents that include but are not limited to: digitized signatures, fillable forms that are secured, a negative image or are password protected. If the filer is submitting a new Complaint, ALL Plaintiffs and all Defendants named in the case must be added to the EFSP site during submission of the transaction. If all parties are not entered, the transaction will be rejected. Documents that contain exhibits must be bookmarked. Documents not so bookmarked are subject to rejection. Moving papers with exhibits that are not bookmarked will be rejected. (See Rule 3.1110(f) of the California Rules of Court with bookmarking being the substitute for plastic tabs in electronically filed documents.) All documents must be uploaded as individual documents within the same transaction. [Example: A Request to Waive Court Fees must be uploaded separately from the document to which it applies, i.e. complaint, answer or other responsive pleading, motion, etc.] If filing a notice of motion, all supporting documents must be uploaded as separate documents within the same transaction. All filings and exhibits within these filings must be bookmarked. Unless otherwise required by law, per Rule 1.20(b), of the California Rules of Court only the last four digits of a social security or financial account number Revised 6/2/2016 Page 3 of 5

may be reflected in court case filings. Exclusion or redaction is the responsibility of the filer, not the clerk, per Rule 1.20(b)(3) of the California Rules of Court. Failure to comply with this requirement may result in rejection of the filing(s). Proposed filings, such as proposed court orders and amended complaints, should be submitted as an exhibit and then re-submitted as a separate and new efiling transaction after the Court has ruled on the matter to which the proposed document applies. See also Rule 3.1312 of the California Rules of Court. Proposed Orders After Hearing intended for a judicial officer s signature after a Law and Motion hearing must be submitted as a separate document rather than attached as an exhibit. Proposed Orders requiring a judicial signature shall be submitted as a Portable Document Format (PDF) and as an editable Word Document according to Rule 3.1312(c) of the California Rules of Court. Parties must submit the editable version to the Court s electronic address at civil.efilings@stanct.org. The PDF version submitted must include the Proposed Order Cover Sheet (Form EFS-020) and must not be attached as an exhibit to another document. Any document filed electronically shall be considered as filed with the Clerk of the Superior Court when it is first transmitted to the vendor and the transmission is completed. On a day that the Court is not open for business, or after 5:00 p.m. (Pacific Standard Time) on a day the Court is open for business, the documents shall be deemed to have been filed on the next Court business day. If a hearing is set within 2 court days of the time that documents are electronically filed, litigant(s) must provide hard copies of the documents to the court. Transaction ID numbers must be noted on the documents to the extent it is feasible to do so. The Court discourages submission of courtesy copies other than this circumstance. Hard copies for Ex Revised 6/2/2016 Page 4 of 5

Parte hearings must be delivered directly to the department on or before 12 Noon the court day immediately preceding the hearing date. An original of all documents filed electronically, including original signatures, shall be maintained by the party filing the document, pursuant to Rule 2.257 of the California Rules of Court. CASE NAME AND CASE PARTY ENTRY: All Plaintiffs and all Defendants must be entered as separate parties and included in the case party fields when efiling a new case. DBAs must be entered as separate parties although sued as one. Unnamed parties such as Does, Roes, Moes, etc. should not be added as case parties. Do not use any punctuation. Hyphens, apostrophes, periods, commas, or slashes are not permitted. Do not include company name descriptors such as a California Corporation. Do not include names of Assignees. First and last names are required for each named party. For example, you cannot enter Mr. and Mrs. Smith Parties with multiple last names must be added as follows: With or without hyphen do not use spaces between compound/multiple names. Do not enter a dash between hyphenated names. Combine the names together without a space. Example: AndersonLee Revised 6/2/2016 Page 5 of 5