Electronic filing is the filing of an electronic document in lieu of a paper original and any required paper copies with the reviewing court.
Pursuant to California Rule of Court, Rule 8.70, the Fourth District Court of Appeal will accept for electronic filing the following documents:
- Certificate of Interested Persons or Entities
- Change of Address
- Civil Case Information Statement
- Requests for Dismissal with No Briefs Filed
- Request for Oral Argument
- Stipulation for Extension of Time (Civil) - up to 60 days
- Substitution / Association of Counsel
This electronic filing will satisfy, and substitute for, the filing requirement of a paper original and any required paper copies in this court. The court will return an electronic copy to the sender indicating the document has been filed. Counsel shall continue to serve paper copies according to the additional service requirements of The California Rules of Court, rule 8.360(d), unless, pursuant to California Rules of Court, rule 8.71(2), a party indicates that the party agrees to accept electronic services.
Electronic submission is the submission of an electronic copy of a document to the reviewing court. Briefs submitted electronically are not a substitute for, but an addition to, the required paper filings which constitute the official court record.
|The term "brief" includes:||The term "Writ or Opposition" includes:|
Not included are motions, applications, appendices under rule 8.124, or other documents.
Briefs or documents submitted electronically are not a substitute for, but in addition to, the required paper filings, which constitute the official Court record.
For CIVIL cases, submitting an electronic copy of the brief will satisfy the requirements for service on the Supreme Court under rule 8.212(c)(2). (See Rule 8.212(c)(2))
Invitation to file e-Briefs
An e-brief is a single Disc (CD or DVD) containing linked and searchable copies of:
Counsel who believes that an e-brief is appropriate for an appeal should confer as early as possible with opposing counsel and should cooperate in preparing it. If, however, opposing counsel does not wish to participate, any party may file an e-brief, provided it contains all of the materials listed above, hyperlinked. As a courtesy to the Court, non-participating parties shall provide electronic copies of their briefs to the party preparing the e-brief. E-briefs should be filed as early as possible, and in any event, no later than 15 days after the last paper brief is filed.
Counsel must submit a written notice to the Clerk's Office of their intention to file an e-brief. The Court will work with counsel to minimize delay and maximize the effectiveness of the filing.
To assist counsel, a list of service providers that prepare e-briefs appears at the end of this announcement.
The Court particularly encourages counsel to cooperate in filing an e-brief and to agree to share the cost. Counsel should not assume that the cost of preparation will be recoverable.
No copies of the e-brief are to be served on the Supreme Court.
E-Brief Service Providers
The following commercial vendors prepare e-briefs, and they can provide samples and cost estimates. It is also possible to prepare e-briefs in-house using any commercially available software.
This list should not be construed as an endorsement by the Court.
The Fourth Appellate District, is conducting a voluntary fax filing project. The filing party is responsible for verifying that documents are acceptable for fax filing. The court has approved filing by facsimile for the following documents:
Other documents may be fax-filed only at the request of the court.
Instructions for Fax Filing
The facsimile document must comply with all rules as would be required during traditional filing (i.e. proof of service, etc.). There is no fee for fax filing the documents listed above.
The caption page must contain the phrase "By Facsimile" or "By Fax" immediately below the title of the document.
The document that is filed by facsimile shall have the same legal effect as an original paper document. Signatures on fax-filed documents are considered originals. The parties shall retain original signed documents should disputes arise requiring the court to verify original signatures.
Service between the parties by facsimile transmission is permitted by written agreement between the parties. This agreement should not be filed with the court, but may be requested by the court should a dispute arise regarding agreement to accept fax service. The court will not use facsimile transmission for service of court orders.
The court's fax filing machine shall be available 24 hours a day, although filings received after public office hours, on weekends or court holidays, shall be deemed filed on the next court day.
The fax filing numbers for each division are as follows:
4th District, Division One - (619) 645-2495
4th District, Division Two - (951) 248-0235
4th District, Division Three - (714) 664-0897
The court will not send out conformed copies of fax filings. The standard confirmation option of a fax machine shall serve as confirmation of the transmittal of a document to the court. Counsel may verify the filing of the document through the court's website. Copies of any documents in the court file can be made by copying services or using the public copy machine in the clerk's office during public office hours (except in Division Two), however, this program is designed for those not needing conformed copies.
If the confirmation returns unsuccessful, notify the court for the problem to be addressed. If the fax filing is not filed with the court because of error in transmission or clerical error, the party may make a motion to the court for an order filing the document nunc pro tunc.
Though it is anticipated that this project will be successful, the court may, with or without notice, discontinue the project.