General Electronic Filing Information
Electronic Filing Information for Asbestos Cases
Technical Problems
Service Requirements
Payment of Fees
What is electronic filing (e-filing)?
Electronic filing is the electronic transfer of legal documents and case-related data to and from the Court, directly integrating the data with the Court's case management system. For more information about electronic filing inCalifornia click on the following link: http://www.courtinfo.ca.gov/program/efiling
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How does e-filing work?
During the first phase of the electronic filing project, the Superior Court of San Francisco has contracted with LexisNexis, (http://www.lexisnexis.com/). To submit a filing, an attorney will need to subscribe to LexisNexis service, create the filing document(s) electronically and submit it/them through LexisNexis filing interface. This interface will collect additional data about the filing required by the court's system, perform some validation filing data, and the court will review documents. After the clerk review process, and upon acceptance of the filing, a confirmation will be sent back to the filer and the data and document will be posted to the court's case management system. At this point the entry will be available on the Register of Action for the case. The image of the document will be available over the Internet at http://www.sftc.org the day after the entry is recorded into the case management system.
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What cases will be electronically filed?
Pursuant to California Rules of Court, Rule 2053, the Court Mandated e-filing for all subsequent asbestos and a few designated Complex Litigation filings.
|
828684 |
Complex Asbestos Litigations (All Asbestos cases) |
|
JCC 4103 |
Chevron Fire Cases |
|
322710 |
Kaiser Aluminum & Chemical Corp. vs. Insurance co. of North America |
|
312415 |
Kaiser Aluminum vs. London Marketers |
|
JCC4085 |
Providian Credit Card Cases |
|
JCC4106 |
Microsoft Cases |
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Will Self Represented Litigants be required to electronically file documents?
No, Self Represented Litigants will file documents conventionally.
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Will the Summons and Complaint be filed electronically?
No, General Order 158 requires mandatory electronic filing and service of all pleadings and documents subsequent to the filing of the complaint and summons. The filing of the complaint and issuance of summons will not be done electronically.
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What documents will be filed conventionally?
- Documents issued by clerk.
- Documents filed under Seal
- Non-electronic exhibits or other items.
- Motions with jurisdictional time limits.
- Self Represented Litigant's filings
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How do I file documents under seal ?
Documents may be lodged with the court in paper form conditionally under seal, as provided in Rule of Court 243.2 (d), pending hearing on a motion to seal. All sealed documents will be filed conventionally.
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Will a file stamp be applied to the image of the filing?
Yes, the court will apply an electronic file stamp, once document is filed with the court. All electronically file stamped documents will be available for viewing on the Court's web site, http://www.sftc.org, the day following their entry into the court case management system.
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Will LexisNexis have a complete record of all filing taken in the asbestos cases on their website?
No, the courts case management system will maintain the official case record.
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What are the hours for e-filing?
Electronic filings can be made 24 hours a day, 7 days a week through the electronic filing vendor, (www.lexisnexis.com). Filings received after the Court's normal business hours (8:00 a.m. - 4:00 p.m. - Pacific Time) will be deemed to have been filed on the next Court business day.
California Code of Procedure §1010.6 and California Rule of Court, Rule 2059 (c).
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When are documents considered filed?
No document transmitted electronically shall be considered as filed unless the clerk accepts it for filing. Any document received by vendor before close of business on a court day shall be considered as filed on the date of transmission if the document is accepted for filing. Any document received by vendor after the close of business shall be deemed filed the next court day if the document is accepted for filing.
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What is considered "close of business" for the court?
Close of Business is 4:00 p.m. Pacific Time for purposes of E-Filing.
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What is the signature requirement for electronic filed documents?
Every pleading, document, and instrument E-filed and/or E-served shall be deemed to have been signed by any judge, licensed attorney, court official, or person authorized to execute proofs of service. If it bears a typographical signature of such person, e.g., /s/ Adam Attorney, along with the typed name, address, telephone number, and State Bar of California number of a signing attorney. Such typographical signatures shall be treated as personal signatures for all purposes under the California Code of Civil Procedure. Judges may, in the alternative, use graphic signatures.
All other filed and/or served documents requiring a signature under penalty of perjury must be imaged to reflect the handwritten signature of the declarant to accomplish valid filing and service. Upon request, the filing party shall provide in advance of any hearing on the matter, the original of such typographically signed or imaged documents.
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Who will notify new parties coming into the asbestos cases of the General Order requiring electronic filings?
Any party that brings a new party into the Asbestos Litigation shall serve a copy of General Order 158 at the time of initial service on the new party.
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Should the hard copy of electronically filed documents be sent to the court?
The original of any document that is filed electronically shall not be delivered in hard copy to the Clerk unless otherwise ordered by the Court. Users shall retain in their files an original dated hard copy with hand written signature of all electronically filed documents and all electronically served documents. The hard copies shall be made available for inspection upon reasonable notice.
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When are courtesy copies required?
Users shall submit one courtesy hard copy of all filed documents requiring Court review, action, or signature directly to the Judge's department. Courtesy hard copies shall be delivered to the Court by 1:30 p.m. Pacific Time of the next day following electronic filing, except all papers related to ex parte matters shall be delivered to the Judge's department the day they are to be heard, along with a courtesy hard copy for opposing party. Courtesy hard copies of documents for Court review, action, or signature during trial shall be submitted only to the trial judge assigned. All courtesy copies to the Court shall have appended thereto the relevant Vendor's transaction receipt.
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How should related documents be filed?
All documents relating to a single pleading or paper shall be electronically filed together in a single filing transaction. For example, a motion, a memorandum in support of the motion, a proposed order and related affidavits shall be filed as separate documents under a single transaction. All documents, papers or pleadings directly related to a previously filed document, paper or pleading shall be linked to the previously filed document, paper or pleading by utilizing the "Linked Documents" feature provided on the LexisNexis web site.
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Will proposed orders be filed?
Proposed orders will not be filed, they can however be filed electronically. The clerk will docket and not file the proposed order. Which would mean the proposed order would be available for viewing and editing for the court if the original version of the document is in a word or word compatible format.
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How will technical problems be handled?
If electronic filing or service does not occur because of (1) an error in the transmission of the document to Vendor or served party which was unknown to the sending party; (2) a failure to process the electronic document when received by Vendor; (3) a party erroneously excluded from the service list, or (4) other technical problems experienced by the Vendor, the party or parties affected shall, absent extraordinary circumstances, be entitled to an extension for any response or the period within which any right, duty, or other act must be performed, provided the User demonstrates that he or she attempted to file or complete service on a particular day and time. The User may alternatively file by faxing documents and attachments to the Vendor. Vendor shall then convert those documents to electronic form, file them with the Clerk, and serve designated parties as provided. Users filing via facsimile through the Vendor shall be charged fees reflecting Vendor's then current published rates for filing and service in this manner. The court has established a policy and procedure to handle technical problems. [Courts policy regarding handling technical problems]
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Who will provide a case-specific Service List to Electronic Filing Vendor?
The Plaintiff's are required to provide a case-specific Service List to Vendor, distinguishing actual parties from entities designated for courtesy service.
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Who can change the Service List?
Service List changes will remain the responsibility of the individual parties through their counsel, if any. Vendor will process the changes requested by parties, but Vendor will not initiate them. Parties may only be removed from the Service List by the party initiating the action or by order of the Court.
Last revised: July 6, 2006
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Who is required to be served with documents electronically?
Plaintiffs & Defendants are obligated to serve only those parties and entities required by the Code of Civil Procedure.
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How do I pay my filing fees?
The court will access the filing fee at the time of clerk review. The electronic filing vendor is responsible for paying the Court the filing fees and collecting the amount due plus an additional charge from its customers. The Court does not charge e-filing users an additional technology costs for filing electronically.
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How will fees without filings be taken?
The court will accept Court fees both electronically and conventionally. If filed electronically they will need to be accompanied by a cover sheet outlining what the fees are for.
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Last revised: July 19, 2006
