Yuba Superior Court Electronic Filing Rules

CRITICAL

Cash, check, and credit-card deposits, trial exhibits, bonds, undertakings, wills or codicils, sealed documents, specified probate documents, and California State vital records forms must not be e-filed.

The following documents shall not be filed electronically:  Deposits of cash, check, or credit card. Labor Commissioner deposits.  Trial Exhibits  Bonds  Undertakings  Wills/Codicils  Sealed Documents  Financial institutes documents, care facility documents, or escrow docs as defined under Probate Code §2620  California State vital records forms.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of manual filing

A Notice of Manual Filing must be filed electronically.

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.

CRITICALProposed or draft document; may not be in force

Every electronically filed document 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 par- ties, 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.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of manual filing

The Notice of Manual Filing must be filed electronically.

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.

CRITICALProposed or draft document; may not be in force

Electronic filing and service are mandatory in civil, probate, family law, and juvenile dependency cases, except self-represented parties and non-parties, who are encouraged to participate voluntarily.

Documents filed in all civil cases, probate cases, family law and juvenile dependency cases must be filed and served electronically. Self-represented parties and non-parties are exempt from the mandatory elec- tronic filing and service requirements, but are encouraged to participate voluntarily.

CRITICALProposed or draft document; may not be in force

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 filing requirements.

All documents electronically filed, whether mandatory, permissive, by court order, or by stipulation of par- ties, 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.

CRITICALProposed or draft document; may not be in force

Documents may be submitted for fax filing at (530) 740-1801.

Documents shall be received for fax filing at (530) 740-1801.

CRITICALProposed or draft document; may not be in force

An attorney may seek exemption from mandatory electronic filing and service by showing undue hardship or significant prejudice and filing and serving the specified request and proposed order.

An attorney repre- senting 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).

CRITICALProposed or draft document; may not be in force

The court accepts fax filings through a fax filing agency or by direct fax filing in accordance with the cited rules.

The court accepts documents for fax filing in accordance with CRC 2.300 et seq. The court accepts fax filing both through a fax filing agency pursuant to CRC 2.303, and by direct fax filing pursuant to CRC 2.304.

CRITICAL

An attorney may seek an exemption for undue hardship or significant prejudice by filing and serving Form EFS-007 with proposed order Form EFS-008.

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).

CRITICAL

Applies to

Civil case documents

Documents in civil cases, including complex, unlimited, limited, and small claims cases, must be filed and served electronically.

As of July 1, 2018, documents filed in the following case types must be filed and served electronically:  Civil Cases (complex, unlimited, limited, and small claims)

CRITICALProposed or draft document; may not be in force

Applies to

Notice of change of address

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

A party 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.

CRITICALProposed or draft document; may not be in force

Documents identified in the court’s electronic filing requirements must not be filed electronically; the list is available online and at the clerk’s office.

A list of documents that shall not be filed electronically is included in the court’s electronic filing require- ments, available on the court’s website at www.yuba.courts.ca.gov and in hard copy at the clerk’s office.

CRITICALProposed or draft document; may not be in force

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 party 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.

CRITICALProposed or draft document; may not be in force

Applies to

Documents filed in civil, probate, family law, and juvenile dependency cases

Documents in civil, probate, family law, and juvenile dependency cases must be filed and served electronically, subject to stated exemptions.

Documents filed in all civil cases, probate cases, family law and juvenile dependency cases must be filed and served electronically.

CRITICALProposed or draft document; may not be in force

Applies to

Documents listed in the court's electronic filing requirements

Documents listed in the court’s electronic filing requirements must not be filed electronically.

A list of documents that shall not be filed electronically is included in the court’s electronic filing require- ments, available on the court’s website at www.yuba.courts.ca.gov and in hard copy at the clerk’s office.

WARNING

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

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

WARNING

The listed restraining order forms are excused from mandatory e-filing but may still be filed electronically.

The following documents are excused from the electronic filing requirement, but may be filed electronically:  Civil Harassment Restraining Order forms  Domestic Violence Restraining Order forms  Elder or Dependent Adult Abuse Restraining Order forms  School Violence Restraining Order forms  Workplace Violence Restraining Order forms

WARNING

Electronic filers must select an electronic filing service provider; the court provides an approved-provider list but does not recommend a provider.

To file electronically, you must select an electronic filing service provider. The court cannot recommend a provider other than provide a list of approved electronic filing providers. The most recent approved list is available on the court’s website at www.yuba.courts.ca.gov.

WARNINGProposed or draft document; may not be in force

Applies to

Documents submitted during trial

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

During trial, a party 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.

WARNING

Self-represented parties and non-parties are exempt from mandatory electronic filing and service but are encouraged to participate voluntarily.

Self‐represented parties and non‐parties are exempt from the mandatory electronic filing and service requirements, but are encouraged to participate voluntarily.

WARNINGProposed or draft document; may not be in force

Applies to

Document or exhibit

A document or exhibit meeting the stated conditions may be manually filed and served by conventional non-electronic means.

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.

WARNINGProposed or draft document; may not be in force

Documents may be submitted for fax filing at (530) 740-1801.

Documents shall be received for fax filing at (530) 740-1801.

WARNINGProposed or draft document; may not be in force

Inability to pay electronic filing fees is not undue hardship or significant prejudice for an exemption request.

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

WARNINGProposed or draft document; may not be in force

The court accepts fax filings through either a fax filing agency or direct fax filing, in accordance with the cited rules.

The court accepts documents for fax filing in accordance with CRC 2.300 et seq. The court accepts fax filing both through a fax filing agency pursuant to CRC 2.303, and by direct fax filing pursuant to CRC 2.304.

WARNINGProposed or draft document; may not be in force

Applies to

Document or exhibit

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

INFOProposed or draft document; may not be in force

Applies to

Documents in permissive filing case types

Documents in the 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.yuba.courts.ca.gov may be filed and served electronically.

INFOProposed or draft document; may not be in force

Documents in the specific 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.yuba.courts.ca.gov may be filed and served electronically.

INFO

Electronic filing and service are permitted but not mandatory in case types not listed as mandatory.

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