While e-filing requirements in California courts and the federal courts each have different requirements, there are best practices that apply to each. Below are five helpful tips every legal professional should adhere to and apply as best practice.
Know the California and Federal Rules Before You File
The California Rules of Court, Code of Civil Procedure, Rules of Federal Court, Federal Rules of Civil Procedure, and Federal Rules of Appellate Procedure are all available online through each court’s website. Each one has specific sections that cover e-filing and the court’s requirements for such. Be sure to familiarize yourself with these rules before you file. An even better practice is to familiarize yourself with these rules as soon as you know you will be preparing a document for e-filing, especially if the court is one you do not e-file in regularly.
Know the Local Rules of Court Before You File
Many documents may look the same with very similar sounding titles but that doesn’t mean they are treated the same. In other words, not all documents are created equal. There may be a specific document that requires having a hearing set by the department clerk before filing, or a fee that needs to be paid before being received and filed later. Some courts may require a specific cover page to be filed with all new cases or with a proposed order. If you aren’t sure about what’s required, check the court’s website. If you need a specific form, the court will usually have it available on the website, or it’s just a simple Google search away.
Know How to Prepare Your Document for E-Filing
Be sure to check page numbering requirements, signature requirements, whether you can “bundle” documents or whether they must be submitted separately. Most federal courts and certain administrative agencies require that you identify a “main” document (such as a Petition for Writ of Mandate, Opening Brief, etc.) and then attach “related” documents such as declarations to the main document.
How do indices, appendices, exhibits, clerk’s transcripts, certificates, administrative records, etc., get submitted? How does the court want confidential documents prepared and submitted under seal? Most courts now require that briefs, memoranda, compendium of exhibits and the like be text searchable and bookmarked before e-filing.
Making sure you understand the court’s preferences and requirements in advance of your filing will save you much time and frustration, as well as result in a smoother filing experience and less chance of your documents being rejected.
Triple-check Everything
It’s always a good habit to double-check your work. Is that enough? Usually yes, but when it comes to court documents, you should always take the time to give them one last review before sending them to be filed. That last review can be crucial in catching a wrongly dated form or a missing signature, even an out-of-date Proof of Service. When you’ve finished filling in a form or titling a document, check it. When it looks good, check it again. Before sending it, check it one more time. Your client, your case, or your reputation could depend on it.
Also, sign and date everything. This might sound self-explanatory, but a missing signature is a surefire way to have your documents rejected by the court. Even if the window clerk misses it, you can bet the clerk of the department won’t. This is a very common pitfall for court rejections. Consider yourself warned!
Know Your Electronic Service Provider (“EFSP”)
You may know the court’s cut-off time for e-filing documents (and no, they are not all the same), but do you know your EFSP’s deadline for when they need to have it? Do you know how their system works and what their process involves for getting your documents filed? Does your EFSP inspire confidence or doubt when it comes to handling your e-filings? Do they go the extra mile, perform courtesy inspections of your documents to make sure you are not missing anything? Do they send you a time-stamped email receipt of when they submitted your filing? Do you have to bug them about when you can expect your endorsed-filed copy back from the court? Do they advance filing fees for you and invoice you afterwards, or do they require you to have a credit card on file? Are they responsive when you have a question or need to follow-up on a job? These are all important questions you need to ask.
Your EFSP is essentially an extension of your firm, since you are specifically choosing them to ensure your e-filing needs are timely, accurately, and professionally handled.
Additional Source: RapidLegal.com
Categorized in: Legal Procedure
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