E-filing Frequently Asked Questions
Asbestos and Court Designated Complex Litigation Cases
Information and Overview for Asbestos Cases Only
- What will the document types be? Will there be an "other" or "miscellaneous" option? Will the firms be able to give input into what the document types will be?
- Will paper-filed complaints appear on the online docket? If so, how long will it take for them to appear?
- A firm has to file multiple documents in a single case, can they do this?
- How long does the court expect the turnaround time to be from receipt of a filing to acceptance or rejection by the clerk?
- The firm's understanding is that theCalifornia Code of Civil Procedure (CCP) requires every item of discovery to be served upon everyone in the litigation. Is this true?
- Attorneys can put the "/s/ Attorney Name" typographical signature on their pleadings, but want to know if there is a different rule for third parties who are signing declarations. Should the firm print out the declaration, have the third party sign it, and then scan it in with the signature?
- Will the court continue to update the Register of Actions so that e-filed documents appear on the Register of Actions in addition to File and Serve's online docket?
- If a firm has Exhibits A through K supporting a main motion, and if those exhibits are all small (one or two pages each), can they load them up as one .pdf titled "Exhibits A-K" with separator pages in between?
- If the court rejects an e-filed document, must it be re-served and re-filed, or just re-filed?
- Apparently, there are different deadlines for motions on the filing side, depending upon the method used to file. For instance, a firm has a longer period of time to file and serve a Motion for Summary Judgment if it is submitted by hand. Is electronic filing of that motion considered hand filing and therefore eligible for the longer period of time?
- This question is elated to the one above. There are also different deadlines for a responding party depending upon the method served. For instance, a firm has a longer period of time to respond to discovery documents that are mailed than they do to documents that are hand served. What method is electronic service considered?
- Will the court be able to provide a remedy for a firm that submits a filing on time, but later receives notification of a rejection after the deadline?
- Will the court still send out "Green Letters" regarding rejections?
- When submitting a Notice of Motion and a Motion, which should be the "main" document? If they are put together in the same document, what document type should be chosen?
- Is it permissible for a firm to submit a forgotten exhibit or declaration or other supporting type document in a subsequent transaction, and then link back to the originally filed main motion? Firms understand from conversations with the court, that such a method is acceptable if an exhibit or other supporting document type is being submitted after its rejection when the main document was not rejected. In other words, if a motion is accepted and its exhibit is rejected, the exhibit should be re-filed and re-served as a main document that is linked to the previously filed and accepted motion. Is that right?
- If a case has been consolidated with another non-asbestos case is it still subject to electronic filing?
- What happens when a case started off as an asbestos case and then subsequently changes by filing an amended complaint?
- What if there are two cases that related to each other - for example a tobacco and asbestos case, do they cases have to be e-filed?
- What should the e-filing user do if he/she has a question as to whether they should file into the Master Case or the underlying case?
- Does a substitution of attorney need to be filed in cases where there is a change of lead attorney within a firm?
- Will the court continue to use the Master Asbestos Case number 828684- Complex Asbestos Litigation?
What will the document types be? Will there be an "other or miscellaneous" option? Will the firms be able to give input into what the document types will be?
A listing of acceptable "document types" will be provided by the court. The court will not use "other" or "miscellaneous"; however the document types provided should be generic enough to cover all filing types. The court will use the document title and the document type to determine how to file document submitted to court.
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Will paper-filed complaints appear on the online docket? If so, how long will it take for them to appear?
The Complaints will be available for viewing on the court's case management system and can be viewed by going to the court's website (www.sftc.org) the day after the filing has been processed by the court.
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Motion
Exhibit to Motion
Declaration in Support of Motion
Exhibit to Declaration
They wanted to file the documents as follows:
Motion - Main Document
Exhibit to Motion - Supporting Document to the Motion
Declaration in Support of Motion - Supporting Document to the Motion
Exhibit to Declaration - Supporting Document to the Declaration.
Related documents can be filed together in one transaction, however, each document must be a single document, and will be entered separately into the court's case management system. The documents will not be linked together in the case management system nor there be a reference to "main document," or supporting document .
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How long does the court expect the turnaround time to be from receipt of a filing to acceptance or rejection by the clerk?
Filings will be reviewed as soon as possible based on workload and staffing. Electronic filings will not be given priority over filings taken at the window or through the mail.
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The firm's understanding is that the California Code of Civil Procedure (CCP) requires every item of discovery to be served upon everyone in the litigation. This is not always done in practice, but the firm would like some insight as to the court's view on this, in light of the fact that there will be a "Serve Only-Private" option.
The parties should serve as required by code. Also please see GO158.
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Attorneys can put the "/s/ Attorney Name" typographical signature on their pleadings, but want to know if there is a different rule for third parties who are signing Declarations. Should the firm print out the Declaration, have the third party sign it, and then scan it in with the signature?
The answer is in General Order 158, paragraph 10 which reads: 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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The courts case management system will continue to be the official court record and all documents filed with the court should be entered in the court's register of action. If there are any questions regarding a case, attorneys should defer to the court's records as the official record on the case.
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If a firm has Exhibits A through K supporting a main motion, and if those exhibits are all small (one or two pages each), can they load them up as one .pdf titled "Exhibits A-K" with separator pages in between?
Yes, exhibits can be grouped together; however all tab or separator pages should be label within an 8 1/2 by 11 page. (No blank pages or tabs that extend out farther than an 8 1/2 x 11 page)
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If the court rejects an e-filed document, must it be re-served and re-filed, or just re-filed?
Yes, all documents requiring service that are rejected must be reserved.
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Apparently, there are different deadlines for motions on the filing side, depending upon the method used to file. For instance, a firm has a longer period of time to file and serve a Motion for Summary Judgment if it will be submitted by hand. Is electronic filing of that motion considered hand filing and therefore eligible for the longer period of time?
Electronic filing has the same effect as if served by hand (See G.O. and CRC) Therefore; there is no extension of time to respond, as would be the case if the pleading were mailed
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This question is related to question above. Apparently, there are also different deadlines for a responding party depending upon the method served. For instance, a firm has a longer period of time to respond to discovery documents that are mailed than they do to documents that are hand served. What method is electronic service considered?
Electronic filing has the same effect as if served by hand (See G.O. and CRC) Therefore there is no extension of time to respond, as would be the case if the pleading were mailed
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Will the court be able to provide a remedy for a firm that submits a filing on time, but later receives notification of a rejection after the deadline?
They would have the same remedies for electronic filings as they would for conventional filings.
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Will the court still send out "Green Letters" regarding rejections?
No, rejection notification, specifying reason for rejection will be sent electronically via LexisNexis.
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When submitting a Notice of Motion and a Motion, which should be the "main" document? If they are put together in the same document, what document type should be chosen?
All filings will be considered main documents. Each main document should have its own document type.
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Is it permissible for a firm to submit a forgotten exhibit or declaration or other supporting type document in a subsequent transaction, and then link back to the originally filed main motion? Firms understand from conversation with the court, that such a method is acceptable if an exhibit or other supporting document type is being submitted after its rejection when the main document was not rejected. In other words, if a motion is accepted and its exhibit is rejected, the exhibit should be re-filed and re-served as a main document that is linked to the previously filed and accepted motion. Is that right?
The court will not link documents. The title of the filing should reference the original filed document.
Example:
Motion X filed by deft Y
Exhibits in support of Motion X filed by deft Y
Proof of Service of Motion X filed by deft Y
The filing title for the Exhibits and Poof of Service link these filings to the motion.
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If a case has been consolidated with another non-asbestos case is it still subject to electronic filing?
See: Whitely case, SFSC No. 317140 and Beck case, SFSC No. 426798.
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What happens when the case starts off as an asbestos case and then subsequently changes by filing an amended complaint?
The case will continue as an asbestos case.
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What if there are two cases that related to each other - for example a tobacco and asbestos case, do they cases have to be e-filed?
The cases should be filed electronically, (i.e., if the Case Cover Sheet indicates asbestos, then it's an e-filed case.)
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What should the e-filing user do if he/she has a question as to whether they should file into the Master Case or the underlying case?
They should contact Department 206 for assistance.
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Does a substitution of attorney need to be filed in cases where there is a change of lead attorney within a firm?
Filing a substitution of attorney changing lead attorney within a firm is a courtesy to the court but is not required as a standard practice.
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Will the court continue to use the Master Asbestos Case number 828684- Complex Asbestos Litigation?
Yes, case number 828684 will continue to be used until further notice.
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There is concern on behalf of the defense firms on how parties are listed on the LexisNexis system. The concern is that if their party is labeled erroneously on our service lists, then they are admitting to or forfeiting rights simply by submitting their documents on behalf of the mislabeled party.
Example:
A couple of years ago, CBS changed its name from Viacom. In the service list, the client is named as Viacom. The firm can't legally answer for Viacom. They have to answer for CBS. Their pleadings say, "[name of pleading] filed on behalf of CBS Corp, erroneously named as Viacom". But the sending parties tab says "Viacom". So, they don't want to pick Viacom from the list, but they're afraid that if they add CBS as a party the court will reject the pleading because CBS isn't part of the case.
The court will continue to pick up the party names from the pleading forms, regardless of party name selected on the LexisNexis Site. The court will continue to maintain the official record, and list parties using their true name along with referencing the name they were erroneously named under. It is however the litigant's responsibility to maintain an updated service lists. When pleading comes in with parties referenced as being erroneously named, it is the plaintiff's responsibility to update the service list so that parties can be served under their true names.
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