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.

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).