Local Rules


Chapter Eighteen
ELECTRONIC/FAX FILING AND SERVICE


18.0 ELECTRONIC FILING.

(a) A document that is filed electronically shall have the same legal effect as an original paper document.

(b) When a document to be filed requires the signature, not under penalty of perjury, of an attorney or a person filing in propria persona, the document shall be deemed to have been signed by that attorney or person if filed electronically.

(c) When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if, prior to filing, a printed form of the document has been signed by that person. The attorney or person filing the document represents, by the act of filing, that the declarant has signed the document. The attorney or person filing the document shall maintain the printed form of the document bearing the original signature and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.

(d) Any document that is electronically filed with the court after the close of business on any day shall be deemed to have been filed on the next court day. "Close of business," as used in this paragraph, shall mean 5 p.m. or the time at which the court would not accept filing at the court's filing counter, whichever is earlier.

(e) Upon receiving a document filed electronically, the court shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.

(f) Upon electronic filing of a complaint, petition, or other document that must be served with a summons, the clerk shall electronically transmit a summons with the court seal and the case number to the party filing the complaint. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. Upon receipt of the complaint, the clerk shall notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.

(g) Where notice may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the notice and any accompanying documents may be served electronically if the served party has agreed to accept service electronically in that action. Electronic service is complete at the time of transmission, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic transmission by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by any other statute or rule of court.

(h) A party or attorney may file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. Such application shall be considered and determined in accordance with Section 68511.3 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Section 68511.3 of the Government Code. Nothing in this section shall be deemed to authorize a waiver of a filing fee that is not otherwise waivable.

(i) The court may order that all parties to an action file documents electronically in a class action, a consolidated action, or a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that such order does not cause undue hardship or significant prejudice to any party in the action.

(New Rule 18.0 [Original Rules 18.0 through 18.2 {3/1/96, 7/1/98, 1/1/2000} REPEALED effective July 1, 2000] effective July 1, 2000.)

18.1 FACSIMILE FILING

(a) Authorization to Accept Facsimile Filing. The Superior Court of California, County of Los Angeles, hereby adopts Rule 2.300 et seq. of the California Rules of Court, allowing for the facsimile filing of civil documents.

(Rule 18.1(a) [1/1/2002, 1/1/06] amended and effective 1/1/08.)

(b) Facsimile Filing Procedures. In electing to accept filing by facsimile, the Court shall use existing facsimile equipment located in Court facilities. The Executive Office/Clerk of the Court shall make available a list of facsimile telephone numbers for each location of the Court, and make available changes as they occur. In addition to any other requirement of California Rules of Court, rule 2.300 et seq., the following shall apply to facsimile filing:

(1) The Court's facsimile machine shall be available 24 hours a day, although filings received after public business hours or on Court holidays shall be deemed filed on the next Court day.

(2) All facsimile filed documents shall be accompanied by the Facsimile Transmission Cover Sheet (form number JC 2009).

(3) Confirmation of the receipt of documents for filing, beyond that given by the standard confirmation option of the facsimile machines, shall be given upon payment of the fee adopted by the court ($3.50).

(4) The Court shall charge a facsimile usage fee of $0.50 per page, including the cover sheet and all tab pages, along with any filing fees normally associated with the document. All fees will be charged to the filing party's Visa or MasterCard account.

(5) The Court will not accept any document in any location other than the clerk's office of the Court location where the document is required to be filed.

(6) No document submitted for filing with exhibits, declarations, or other attachments (hereinafter "attachments"), will be accepted via facsimile unless the aggregate of the attachments does not exceed ten (10) , and no attachment exceeds three (3) pages in length. Each attachment must be immediately preceded by an insert "tab title page", blank except for the title of the tab typed (in type no smaller than 14 point) in the lower right-hand corner of the page. Tab titles must consist of no more than two (2) single-spaced lines of not greater than two (2) inches in length.

(7) If any document is attempted to be filed in violation of the above provisions, it will not be accepted for filing. The proper transmission of a document by facsimile machine and confirmation of filing is the responsibility of the filing party and not that of the Court.

(Rule 18.1(b) [1/1/2002, subd. title & text 1/1/06, 1/1/08] amended and effective 7/1/08.)

(Rule 18.1 [1/1/2002, 7/1/2002, (c) Adoption of CRC 2005 and (d) Types of Filings Not Acceptable for Fax Filing in the Clerk's Office REPEALED and subd. (a) & (b) 1/1/06, 1/1/08] amended and effective 7/1/08.)