Sutter Superior Court Electronic Filing Rules

CRITICAL

Applies to

All electronically filed documents

All electronically filed documents must be submitted through a court-approved electronic filing service provider and comply with the court’s e-filing requirements.

All documents electronically filed, whether mandatory, permissive, by court order, or by stipulation of parties, must be electronically filed with the court using one of the court's approved electronic filing service providers, and must comply with the court's electronic filing requirements.

CRITICAL

The provision requires electronic filing and service of a Notice of Manual Filing that identifies the document or exhibit and explains why it cannot be filed electronically.

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.

CRITICAL

Applies to

Documents listed as exempt from electronic filing

The listed document types must not be filed electronically.

The following documents shall not be filed electronically:  Bench warrants  Deposits of cash or check; Labor Commissioner deposit of cash or check  Trial exhibits  Bonds  Undertakings  Letters issued by the Probate Court  Wills/Codicils  Sealed documents  Financial institutes documents, care facility documents, or escrow docs as defined under Probate Code section 2620  California state vital records forms

CRITICAL

Applies to

Notice of filing

A notice of filing an exempted document must be filed electronically.

A notice of filing any of the above exempted documents must be filed electronically.

CRITICAL

Parties filing and serving electronically must comply with the cited statutes and rules unless this rule provides otherwise.

Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all requirements and conditions for electronic filing and service set forth in California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq.

CRITICAL

Electronic filing is mandatory for civil complex, unlimited, and limited cases, probate cases, and family law cases, but not small claims cases.

As of July 1, 2017, Electronic Filing is mandatory in the following case types:  Civil Cases (complex, unlimited, and limited) o Small Claims cases are exempt  Probate Cases  Family Law Cases

CRITICAL

The court accepts fax filings submitted through an agency if court rules are followed and appropriate fees are paid.

The court will accept a fax filing from an agency when in compliance with rules of court and if appropriate fees are submitted.

CRITICAL

After July 1, 2017, paper filings in mandatory e-filing case types will not be accepted, subject to the stated exceptions.

Subject to exceptions listed below and in Sutter County Superior Court Rule 2.2, paper filings in the mandatory Electronic Filing case types will not be accepted after July 1, 2017.

CRITICAL

Applies to

Notice of change of address

A party whose electronic notification address changes must promptly electronically file a Notice of Change of Address and serve it on all other parties or their attorneys of record.

A parly whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.

CRITICAL

Applies to

Civil probate family case documents

Civil, probate, and family law documents must be filed and served electronically, subject to stated exemptions and an attorney hardship or prejudice exemption request accompanied by specified forms.

Documents filed in all civil cases, probate cases, and family law cases must be filed and served electronically. Self-represented parties and non-parties are exempt from the mandatory electronic filing and service requirements, but are encouraged to participate voluntarily. An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

WARNING

A filer starting electronic filing must select an electronic filing service provider.

To start Electronic Filing, you must select your service provider.

WARNING

Applies to

Document or exhibit

A party may manually file and conventionally serve a document or exhibit that meets the stated electronic-format or viewability exceptions.

A party may be excused from filing any particular document or exhibit electronically if it is not available in electronic format and it is not feasible for the party to convert the document or exhibit to electronic format, or it may not be comprehensively viewed in an electronic format, including but not limited to exhibits that are real objects. 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.

WARNING

Inability to pay electronic filing fees does not qualify as undue hardship or significant prejudice for an attorney exemption request.

Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing.

WARNING

During trial, a party may submit documents to the courtroom clerk and serve them by hand, but must also file them electronically by close of business no later than the following court day.

During trial, aparty may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.

INFO

Electronic filing is permitted but not required in case types not listed as mandatory.

Electronic Filing is permitted, but not mandatory, in all case types other than those listed as mandatory.

INFO

Applies to

Documents in permissive filing case types

Documents in permissive filing case types listed on the court's website may be filed and served electronically.

Documents filed in the specific permissive filing case types listed on the court's website at www.suttercourts.com may be filed and served electronically.