Appellate Mediation Program - For mediation program forms, please visit the Mediation Program page.
BY THE COURT:
Absent leave of court, parties shall not submit for filing an unredacted brief, application, petition, memorandum, or other document that contains “personal information” derived from a probation report. (Pen. Code § 1203.5; People v. Connor (2004) 115 Cal.App.4th 669; Cal. Rules of Court, rules 8.45, 8.47 (effective January 1, 2014).)
Dated: December 30, 2013
BY THE COURT:
Pursuant to this court's e-filing project (Cal. Rules of Court, rules 8.70 et seq.), the following documents may be filed with the court in electronic text-searchable PDF (portable document format):
In addition, in circumstances where the rules of court require the filing of an original and four paper copies, counsel and self-represented parties may file an original and three paper copies and submit one electronic text-searchable PDF copy through the court's website at http://www.courts.ca.gov/3dca.htm. And in circumstances where the rules of court require the filing of an original and one paper copy of a motion or an opposition or other response to a motion, counsel and self-represented parties may file an original and submit one electronic text-searchable PDF copy through the court’s website at http://www.courts.ca.gov/3dca.htm.
Submitting an electronic copy to this court will satisfy the requirements for service on the California Supreme Court under California Rules of Court, rule 8.212(c)(2). But counsel shall continue to serve paper copies according to the additional service requirements of California Rules of Court, rule 8.360(d), unless a party agrees to accept electronic service. (Cal. Rules of Court, rule 8.71(a)(2).)
Dated: March 6, 2013
BY THE COURT:
Miscellaneous Order 2010-002 is hereby vacated. (See, People v. Brown (June 18, 2012, S181963) ___ Cal.4th ___ [2012 Cal. LEXIS 5263].)
Dated: June 22, 2012
This court previously transferred the records in cases numbered 3 Crim. 12079 to 3 Crim. 15810; 3 Civ. 21738 to 3 Civ. 26218; and C000007 to C004295, both criminal and civil, to the State Records Center. In addition, the court transferred confidential material in cases numbered 3 Crim. 10993 to 3 Crim. 15878 and C000168 to C008189, both criminal and civil. The State Records Center is hereby authorized to destroy, or in
its discretion, retain for historical purposes any record in accordance with rule 10.1028 of the California Rules of Court.
Dated: March 3, 2011
BY THE COURT:
In all pending appeals in which an opinion has not yet been filed and in which appellant is arguably entitled to additional presentence custody credits pursuant to the amendments to Penal Code section 4019, effective January 25, 2010, the court will deem the following issue raised without additional briefing:
The amendments to Penal Code section 4019 apply retroactively to appeals pending on January 25, 2010; thus, appellant is entitled to recalculation of presentence work and custody credits.
Dated: March 16, 2010
BY THE COURT:
In appeals wherein the time for filing a petition for writ of certiorari in the United States Supreme Court has not expired, court-appointed counsel may be reimbursed for an additional four hours of time to file a petition for writ of certiorari in the United States Supreme Court which raises the issues of whether an adjudication sustained by a defendant in the juvenile court, while a minor, qualifies as a prior felony conviction for purposes of increasing the maximum sentence under the California Three Strikes Law or as a prior conviction for purposes of imposing an upper term of imprisonment under the fact of a prior conviction exception enunciated in Apprendi v. New Jersey (2000) 530 U.S. 466 and Cunningham v. California (2007) 549 U.S. 270. (See People v. Nguyen (July 2, 2009, S154947)___Cal.4th___.)
Court-appointed counsel will not be required to file a motion to expand the scope of their appointment for preparation of a petition based on either of these issues. The claim for reimbursement for this work is to be submitted as part of the claim for compensation. A copy of the petition must be submitted with the claim.
Dated: July 16, 2009
BY THE COURT:
As dictated by Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, this intermediate appellate court is bound by the decisions issued by the California Supreme Court in People v. Black (July 19, 2007, S126182 ___ Cal.4th ___ (Black II)) and People v. Sandoval (July 19, 2007, S148917 ___ Cal.4th ___ (Sandoval)).
IT IS THEREFORE ORDERED that, in any case in which appellant’s opening brief has been filed, this court shall not accept for filing any supplemental briefing challenging Black II and Sandoval on federal constitutional grounds. Appellants shall be deemed to have challenged the decisions in Black II and Sandoval on any such federal constitutional grounds, and to have thereby preserved the issues for petition for review to the California Supreme Court and petitions for appellate or collateral review by the federal courts.
Dated: July 26, 2007
BY THE COURT:
In pending appeals in which an appellant’s opening brief was filed prior to the date this order is issued, and in which an opinion has not yet been filed, an application for leave to file a supplemental brief shall not be required before filing of a supplemental brief arguing, based on the decision of the United States Supreme Court in Cunningham v. California, (No. 05-6551. January 22, 2007, ___ U.S. ___; ___ S.Ct. ___; ___ L.Ed.2d ___; 2007 WL 135687; 2007 U.S.LEXIS 1324; 2007 DJDAR 965), that imposition of the upper term is unconstitutional. Henceforth, appellants shall not submit for filing any application for leave to file a supplemental brief challenging imposition of the upper term premised on Cunningham.
Any supplemental appellant’s opening brief submitted pursuant to this order shall be served and filed on or before February 23, 2007. If a supplemental brief is filed pursuant to this order, the time for filing respondent’s brief shall be extended by 30 days.
If respondent’s brief has already been filed, respondent shall have leave to file a supplemental respondent’s brief within 15 days of filing of the supplemental opening brief, and any appellant’s supplemental reply brief shall be served and filed within 10 days of filing of the supplemental respondent’s brief.
Dated: January 24, 2007
[As amended effective December 2, 2013; As amended effective May 29, 2009; as amended effective March 2, 2007; as amended, reorganized, and renumbered effective October 2, 2006; adopted effective January 1, 1977, and previously amended May 1, 1982, December 31, 1982, November 10, 1986, September 4, 1989, and July 6, 1993]
(a) Mediation Program
To enable efficient case management and more expeditious resolution of appeals, the Court of Appeal, Third Appellate District (Court), has a Mediation Program (Program) for all civil appeals not exempt from the Program. Procedures for mediation and operation of the Program are promulgated by the Court of Appeal Mediation Program Committee (Committee).
(b) Program administration
The Program is administered by the Mediation Program Administrator (Administrator) acting under the direction of the Committee and under the supervision of the Administrative Presiding Justice or a designated Supervising Associate Justice (Presiding Justice).
(c) Civil Appeals exempt from the Program
Any appeal taken from a judgment or order entered in a conservatorship, guardianship, or sterilization proceeding is exempt from the Program.
(d) Process prior to referral for assessment
(1) Upon filing a notice of appeal in a civil case not exempt from the Program, the provisions of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, stipulating to proceeding with the original superior court file, and submission of a proposed briefing schedule, are suspended.
(2) These rules do not prohibit the superior court from collecting its deposit required by section 68926.1 of the Government Code and by rule 8.100(b)(2) of the California Rules of Court.
(3) Upon receiving notice of filing of a civil appeal in a case not exempt from the Program, the clerk must promptly mail:
(A) To appellant the Civil Case Information Statement form, as required by rule 8.100(g) of the California Rules of Court, and an Appellant's Civil Appeal Mediation Statement form.
(B) To respondent a Respondent's Civil Appeal Mediation Statement form.
(4) Within 10 days after the clerk mails the Appellant's Civil Appeal Mediation Statement form, appellant must serve and file the statement. Failure to timely file either the Appellant's Civil Case Information Statement or the Appellant's Civil Appeal Mediation Statement will result in dismissal of the appeal, without prejudice to reinstatement upon a showing of good cause.
(5) Within 10 days after filing of the Appellant's Civil Appeal Mediation Statement, respondent must serve and file a Respondent's Civil Appeal Mediation Statement. Failure to timely file a Respondent's Civil Appeal Mediation Statement will result in a Program selection decision without input from the respondent.
(6) Generally, multiple appeals from the same judgment or a related order are assigned the same appellate case number unless the record for the first notice of appeal has already been filed. (See Advisory Committee Comment to Cal. Rules of Court, rule 8.147.) Subsequent appellant's and respondent's Civil Appeal Mediation Statements will not be required when a second or subsequent notice of appeal has been filed within the same appellate case number.
(7) After Respondent's Civil Appeal Mediation Statement has been filed or was due to be filed, the Administrator shall promptly notify the parties whether the appeal has been selected for the Program.
(e) Process for referral, assessment, and selection for the Program
(1) If a civil appeal is not exempt from the Program, the Presiding Justice may refer the appeal to the Administrator for assessment.
(2) Upon referral for assessment, the Administrator will communicate with counsel and/or non-represented parties to assess whether the appeal is amenable to mediation. Based on the assessment, the Administrator will recommend to the Presiding Justice whether the appeal should be selected for the Program.
(3) The Presiding Justice will then decide whether to select the appeal for the Program.
(f) Stipulation and order for placement in the Program
(1) A civil appeal exempt from, or not selected for, the Program may nonetheless be placed in the Program by stipulation and order.
(2) If an appeal is exempt from the Program, the stipulation must be served on the superior court and filed with the Court within 30 days after filing of the notice of appeal. If an appeal was not selected for the Program, the stipulation must be served on the superior court and filed with the Court within 10 days after notification that the appeal was not selected.
(3) The original signature of at least one party must appear on the stipulation filed in the Court. The signatures of the other parties may be in the form of copies of the signed signature page of the stipulation.
(4) Upon receipt of the stipulation by the superior court, the provisions of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, stipulating to proceeding with the original superior court file, and submission of a proposed briefing schedule, are suspended.
(5) The Court will decide whether to sign the stipulation and order and place the appeal in the Program.
(6) If the appeal is placed in the Program by stipulation and order, suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court will remain in effect until completion of mediation.
(7) If the proposed stipulation is not approved by the Court and the appeal is not placed in the Program, the Administrator must notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated.
(g) Process following selection decision and prior to mediation
(1) Upon selection of an appeal for the Program
(A) The Court will issue an order directing that the appeal has been selected for the Program.
(B) The Administrator will:
(i) Notify the parties that the appeal will be mediated.
(ii) Assign a mediator to the appeal. The Administrator may replace a selected mediator upon request by a party or the mediator based on good cause.
(iii) Furnish the parties with the name, address, and telephone number of the mediator, and three dates when the mediator is available for the mediation sessions.
(C) Within 10 days after receipt of notice of the dates the mediator is available, the parties must mutually confer and advise the Administrator and the mediator of their scheduling preferences.
(2) Suspension of rules following selection decision
(A) If an appeal is selected for the Program, suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court will remain in effect until completion of the mediation.
(B) If an appeal is not selected for the Program, the Court will issue an order to this effect and the Administrator must notify the parties and the superior court in writing that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated. Upon notification by the Court or the Administrator that an appeal was not selected for the Program, the parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.
(h) Mediation and mediation preparation
(1) Costs and fees for mediation preparation and services
(A) Mediators will not charge the parties any fee for the premediation conference call, the mediator’s premediation preparation time, and for the first four hours of the initial mediation session.
(B) Notwithstanding subparagraph (h)(1)(A) above, in exceptional cases, the parties and the mediator may agree before the start of the mediation session, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator for the mediator’s additional preparation time.
(C) Prior to the start of the mediation session, the parties and the mediator may agree, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator to continue the mediation beyond the initial four hours.
(2) Continuation of mediation sessions
For good cause and with approval of the Administrator, the mediator and the parties may continue a mediation session to a date certain.
(3) Mediator communications with parties and counsel
(A) The mediator may at any time communicate with any counsel or unrepresented parties with or without notice to the other parties or their counsel.
(B) The mediator may require counsel or unrepresented parties to furnish information, documents, records, or other items specified by the mediator.
(4) Full authority to settle
(A) Counsel, parties, and persons with full authority to settle the appeal must personally attend the mediation, unless excused in writing by the mediator for good cause. If any consent to settle is required for any reason, the party or person with that consensual authority must be personally present at the mediation.
(B) If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply must attend all mediation sessions in person, with full settlement authority. The party with such potential insurance coverage and that party's counsel shall serve timely notice to each insurance carrier with potential insurance coverage informing the carrier:
(i) that appellate mediation has been ordered;
(ii) that the carrier must have a representative with full settlement authority attend all mediation sessions in person; and
(iii) of the date, time, and place of all mediation sessions.(See Campagnone v. Enjoyable Pools & Spas Service & Repairs, Inc. (2008) 163 Cal.App.4th 566.)
(C) The mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation.
(5) Submission of mediation attendance form
Prior to the start of mediation, the parties and the mediator shall submit to the Administrator a Mediation Attendance Form, listing all participants in the mediation.
(6) Completion of mediation
Within 10 days after completion of mediation, the mediator shall submit to the Administrator a Mediator’s Statement notifying the Administrator of the results of the mediation, and the parties and their counsel must separately complete and submit to the Administrator confidential evaluations of the mediation and the mediator on a form provided by the Administrator.
(7) Appeal not resolved by mediation
(A) If completion of mediation does not result in disposition of the appeal, the Administrator must, within 10 days after notice of completion of the mediation, notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated.
(B) The parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.
(8) Appeal resolved by mediation
(A) Pursuant to California Rules of Court, rule 8.244(a) and (b), if the mediation results in a disposition of the appeal and the record has not been filed in the Court, the appellant must promptly file a notice of settlement with the Court and, within 45 days thereafter, file an abandonment of the appeal in the superior court.
(B) Pursuant to California Rules of Court, rule 8.244(a) and (c), if the mediation results in a disposition of the appeal and the record has been filed in the Court, the appellant must promptly file a notice of settlement in the Court and must, within 45 days thereafter, serve and file in the Court a request for dismissal of the appeal.
(A) Except as otherwise required by law, information disclosed to the mediator, the parties, counsel, or any other participant in the mediation including the Administrator, is confidential.
(B) Prior to mediation, the parties and the mediator must sign a confidentiality agreement in a form designated by the Court.
(10) Ethical Standards
Mediators must adhere to the rules of conduct for mediators in court-sponsored mediation programs for civil cases, as set forth in the California Code of Civil Procedure and the California Rules of Court.
Monetary sanctions may be imposed following a noticed motion by a party seeking sanctions for failure to comply with the rules or upon the Court's own motion.
(Adopted, eff. October 2, 2006. As amended, eff. March 2, 2007; May 29, 2009; December 2, 2013.)
Rule 8.128 of the California Rules of Court provides for the use of the original superior court file in lieu of the clerk's transcript on appeal in those civil cases where the parties so stipulate. In accordance with rule 8.128 of the California Rules of Court, the procedure therein is approved for use by the superior courts within this district.
(Formerly Rule 22, adopted, eff. September 4, 1989. Renumbered Rule 2, eff. October 2, 2006. As amended, eff. March 2, 2007.)
Each side is allowed 15 minutes for oral argument. Where there are more than two parties, a "side" consists of all parties whose interests are not adverse. If there are more than two parties represented by separate counsel who request oral argument, or if counsel for amicus curiae requests oral argument, the court may apportion or expand the time according to the respective interests of the parties and of amicus curiae.
Any request for additional time for oral argument must be made by written application submitted to the court within 10 calendar days of the date of the order setting oral argument. The application must be served contemporaneously on all other parties and must specify the amount of time requested and the issues to which additional oral argument will be addressed. When an application is granted, the time allotted to the other side or sides will be similarly enlarged.
All parties will be advised of the disposition of any such application prior to hearing.
(Formerly Rule 23, adopted, eff. April 10, 1998. Renumbered Rule 3, eff. October 2, 2006.)
A party making a motion to have the Court take judicial notice of legislative history documents must identify each such document as a separate exhibit and must provide legal authority supporting the consideration of each document as cognizable legislative history. (See Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26.)
(Adopted, eff. October 2, 2006.)
Pursuant to California Rules of Court, rule 8.70, the Court of Appeal for the Third Appellate District (court) will require all filings in this district, effective September 14, 2015, to be made through the court’s electronic filing system (EFS) via the TrueFiling portal (TrueFiling) operated by ImageSoft, Inc. (ImageSoft). Use of the EFS is mandatory for all attorneys filing in this district unless an exemption is granted; use of the EFS is voluntary for all self-represented litigants. This rule will apply in all cases, including pending cases in which paper documents have been filed before the effective date. Except as provided in this rule, a filing in electronic format will be accepted in lieu of any paper copies otherwise required under California Rules of Court, rule 8.44 and constitutes the official record of the court.
(1) Obligation to Register. Each attorney of record in any proceeding in this district is obligated to become an EFS user and obtain a username and password for access to the TrueFiling system. Self-represented litigants must register if they wish to file electronically. Attorneys and self-represented litigants may register at www.truefiling.com.
(2) Obligation to Keep Account Information Current. An EFS user is responsible for all documents filed under the user’s registered username and password. Registered users are required to keep their e-mail address current and may update their e-mail address online via the TrueFiling Web site. The user must also comply with the requirements of California Rules of Court, rule 8.32.
(1) All documents filed electronically must be in electronic text-searchable PDF (portable document format) while maintaining original document formatting. If an EFS user possesses only a paper document, the user must scan the document and convert it to an electronic text-searchable PDF. It is the filer’s responsibility to ensure that any document filed is complete and readable. Electronically filed briefs must comply with the content and form requirements of California Rules of Court, rule 8.204, with the exception of those provisions dealing exclusively with requirements for paper or as otherwise specified in this rule.
(2) Pagination. Document pages must be consecutively numbered using only the arabic numbering system (such as 1, 2, 3), beginning with the number 1 on the cover page of the document. Notwithstanding California Rules of Court, rule 8.204(b)(7), briefs may not have different numbering systems. When a document, transcript or record is filed in both paper format and electronic format, the pagination must comply with this subparagraph or the party must accurately cite to the correct page for both versions.
(3) Electronic bookmarks and hyperlinks. An electronic bookmark is a text link that appears in the bookmarks panel of Adobe Reader and Adobe Acrobat. An electronic bookmark is different from a hyperlink. Electronic bookmarks are required as provided below. Hyperlinks are not required. However, if a party or attorney elects to include hyperlinks in a filing, the hyperlink may be active and should be formatted to standard citation format as provided in California Rules of Court, rule 1.200.
Each brief shall include electronic bookmarks to each heading, subheading and component of the brief (such as the table of contents, table of authorities, certificate of word count, certificate of interested entities or persons, and proof of service if included within the brief), and to the first page of each exhibit or attachment, if any; each bookmark to an exhibit or attachment shall include the letter or number of the exhibit or attachment and a description of the exhibit or attachment. If exhibits or attachments are submitted in multi-part electronic files, each separate file must have its own table or index stating the contents of the file.
All original proceedings must include electronic bookmarks to each heading, subheading and component (such as the table of contents, table of authorities, petition, verification, points and authorities, declaration, certificate of word count, and proof of service if included within the petition), and to the first page of each exhibit or attachment, if any; each bookmark to an exhibit or attachment shall include the letter or number of the exhibit or attachment and a description of the exhibit or attachment. If exhibits or attachments are submitted in multi-part electronic files, each separate file must have its own table or index stating the contents of the file.
(c) Size. The file size limitation is 25 megabytes. If a filing exceeds the file size limitation, a party must either (a) submit the filing in multiple parts, or (b) provide the court with the filing in electronic format on CD (compact disc), DVD or flash drive.
(d) Signatures. A TrueFiling username and password is the equivalent of an electronic signature for a registered attorney or party. (See also Cal. Rules of Court, rule 8.77.)
(e) Superior Court Record.
(1) Appendix. Parties must submit any appendix filed pursuant to California Rules of Court, rule 8.124, in electronic format. Each part of the record submitted in any appendix or exhibit volume shall clearly state the volume and page numbers included within that part and include an index of contents, with a descriptive electronic bookmark (including exhibit number or letter) to the first page of each indexed component (e.g., Exhibit 1 – Complaint).
(2) Administrative Record. In addition to any administrative record provided by the trial court pursuant to California Rules of Court, rule 8.123, the party or parties seeking review of an administrative determination must submit a copy of the administrative record in electronic format. An administrative record may be delivered to the court on CD, DVD or flash drive.
(3) Reporter’s Transcript. Any party who orders a reporter’s transcript of proceedings pursuant to California Rules of Court, rule 8.130, must also request a copy of the transcript in electronic format, as provided in California Rules of Court, rule 8.130(f)(4), and must submit an electronic copy to the court.
(4) Submissions by the Superior Court. The superior court must submit clerk’s transcripts and reporter’s transcripts in paper to the court. However, the superior court is encouraged (but not required) to also submit an electronic copy of the clerk’s transcripts and reporters transcripts in electronic text-searchable PDF, either through the TrueFiling system or a court-provided portal and to make electronic versions available to parties. Electronic copies of clerk’s transcripts, reporter’s transcripts and administrative records must comply with the content and form requirements set forth in the California Rules of Court with the exception of those provisions dealing exclusively with requirements for paper.
The superior court is encouraged (but not required) to submit any agreed statement filed pursuant to California Rules of Court, rule 8.134, or any settled statement filed pursuant to California Rules of Court, rule 8.137, in electronic format to the court in lieu of a paper submission.
(f) Personal Identifiers and Privacy Issues. To protect personal privacy, parties and their attorneys must not include, or must redact where inclusion is necessary, personal identifiers such as social security numbers, driver’s license numbers, and financial account numbers from all pleadings and other papers filed in the court’s public file, whether filed in paper or electronic format, unless otherwise provided by law or ordered by the court. (Cal. Rules of Court, rule 1.20(b).) If an individual’s social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number shall be used. If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers shall be used.
The responsibility for excluding or redacting identifiers from all documents filed with the court rests solely with the parties and their attorneys. (Cal. Rules of Court, rule 1.20(b)(3).) Neither TrueFiling nor the Clerk of the Court has any responsibility to review pleadings or other papers for compliance.
(g) Sealed or Confidential Material. All filers must comply with rules 8.46 and 8.47 of the California Rules of Court pertaining to sealed and confidential material.
(h) Filing Deadlines. Filing documents electronically does not alter any filing deadlines. In order to be timely filed on the day they are due, all electronic transmissions of documents must be completed (i.e., received completely by the Clerk of the Court) prior to midnight. Where a specific time of day is set for filing by court order or stipulation, the electronic filing shall be completed by that time. Although EFS permits parties to submit documents electronically 24 hours a day, users should be aware that telephone or online assistance may not be available outside of normal court business hours.
(i) Motion to Accept Filing as Timely Following TrueFiling Technical Failure. If a filer fails to meet a filing deadline imposed by court order, rule or law because of a failure of the EFS, the filer may file a paper or electronic document as soon thereafter as practicable and accompany the filing with a motion to accept the document as timely filed. A late submission that missed a jurisdictional deadline will be accepted for filing pursuant to this subparagraph only if the deadline was missed due to a failure of the EFS. The initial point of contact for anyone experiencing difficulty filing a document into the EFS shall be the toll-free telephone number posted on the TrueFiling Web site.
The court will not be responsible for malfunction or errors occurring in electronic transmission or receipt of electronically filed documents.
(j) Manual Filing. An EFS user will be excused from filing a particular document electronically if (1) it is not available in electronic format, (2) it must therefore be scanned to PDF, and (3) the file size of the scanned document exceeds filing size limit. Such a document shall be manually filed with the Clerk of Court and served upon the parties in accordance with the statutory requirements and the California Rules of Court applicable to service of paper documents. Parties manually filing a document shall file electronically a manual filing notification setting forth the reason why the document could not be filed electronically.
(k) Service. An attorney’s registration with TrueFiling to participate in EFS constitutes consent to service or delivery of all documents by any other party in a case through the system. (Cal. Rules of Court, rule 8.71.) Orders or other documents generated by the court will be served only through the EFS or by e-mailed notification. Only self-represented litigants who are not registered EFS users will receive manual service or notification by other means.
(l) Filing Fees. ImageSoft is a private vendor under contract with the court. ImageSoft will assess EFS fees for each filing in accordance with the schedule posted on the TrueFiling Web site, as approved by the court. EFS fees will be considered recoverable costs under California Rules of Court, rule 8.278(d)(1)(D). ImageSoft is designated as the court’s agent for collection of court-imposed fees where required for any filing, and any associated credit card or bank charges or convenience fees (Cal. Rules of Court, rule 8.78; Gov. Code, § 6159).
If a self-represented party with a fee waiver chooses to file documents electronically, that party is exempt from the fees and costs associated with electronic filing. The persons and entities identified in Government Code section 6103 are also exempt from the fees and costs associated with the EFS.
(m) Exemptions. Self-represented parties may, but are not required to, register for electronic filing. Self-represented parties who opt to register for electronic filing must comply with this rule and the requirements of TrueFiling.
If electronic filing and/or service causes undue hardship or significant prejudice to any attorney or party, the attorney or party may file a motion for an exemption from the requirements of this rule. (See Cal. Rules of Court, rule 8.54(a)(1) & (2).) When it is not otherwise feasible for an attorney or party to convert a document to electronic format by scanning, imaging or other means, the document may be filed in paper format (Cal. Rules of Court, rule 8.73(c)), along with a declaration setting forth the reasons that electronic filing was not feasible.
(n) Rejection of Electronic Filing for Noncompliance. The court will reject an electronic filing if it does not comply with the requirements of this rule.
(o) Sanctions for Noncompliance. Failure of counsel to timely register, and failure of any registered user to comply with EFS filing requirements, unless exempted, may be subject to sanctions imposed by the court.
(p) Posting and Publication. The Clerk of the Court is directed to post a copy of this rule on the court’s Web site pursuant to California Rules of Court, rule 8.74(a), and to submit a copy to the Reporter of Decisions for publication pursuant to California Rules of Court, rule 10.1030(a).
Former Rule 5. Repealed effective October 2, 2006.
Former Rule 6. Repealed effective October 2, 2006.
Former Rule 7. Repealed effective October 2, 2006.
Former Rule 8. Repealed effective October 2, 2006.
Former Rule 9. Repealed effective October 2, 2006.
Former Rule 10. Repealed effective October 2, 2006.
Former Rule 21. Repealed effective July 6, 1993.
Former Rule 22. Renumbered rule 2 effective October 2, 2006.
Former Rule 23. Renumbered rule 3 effective October 2, 2006.
Former Rule 31. Repealed effective October 2, 2006.