PROCEDURES
Court e-Filing & e-Service procedures
At this time, only the Fifth District Court of Appeal is participating in e-filing and e-service procedures. All panel attorneys have been asked to provide CCAP with a designated email address for this purpose.
The court's e-filing webpage will be available soon.
How will the anticipated e-filing and e-service work in the Fifth District:
Step 1 – When CCAP sends a panel appointment recommendation to the court, we will also send the court counsel's designated email address choice for e-filing and e-service. (See FAQs below for tips.)
Step 2 – After the court signs the appointment order, counsel will have 10 days from the date of appointment to notify the court if they wish to opt out of e-filing due to undue hardship. If counsel does not opt out, counsel's e-service email will be listed in the "Parties and Attorneys" court docket profile online. If counsel does opt out, counsel's e-service email will not be listed, but counsel also foreits the opportunity to e-file with the court and e-service by the parties.
Step 3 – E-filing: The court anticipates a modified e-filing webpage on the state courts website soon. (Currently only a volunteer pilot project to “Go Green” is posted for the Fifth District. That is not this.) CCAP will notify panel attorneys when the webpage has been updated and is ready to accept panel attorney e-filings. New panel appointments in the Fifth District already reflect the relevant language for e-filing of Wende briefs via the website. (Please contact Laurel Thorpe or Gary McCurdy if you have already received an appointment order with this language and a Wende brief is ready to be filed prior to the court finalizing its e-filing webpage.).
FAQ:
Q: What is e-filing all about?
A: Effective April 1, 2012, the Fifth District Court of Appeal will implement electronic document filing (e-filing) for all Wende briefs in adult criminal appeals, with an eye to eventually expanding e-filing to other documents. (For example, it is anticipated that the court’s e-filing web site will also permit e-filing for first time extension of time requests.) The court will be implementing a transition period between now and April 1, 2012 (inclusive), during which counsel may file an original Wende brief in paper form, provided counsel also transmits an electronic copy of the brief to the court.
Q: How is this different than other Courts of Appeal that accept e-filing?
A: Electronic submission of a brief or other document via the court’s web site will be the same as that already in use by the Second, Fourth and Sixth District Courts of Appeal. E-filing in the Fifth, however, will be in lieu of court copies. No paper copies will be sent to the court, as they anticipate being entirely paperless “green” for these documents. (Paper copy service will still be required under Rules of Court, rule 8.360(d) unless e-service is accepted by the parties under rule 8.71(a)(2).) The court will provide a confirmation of receipt and filing of documents as described in rule 8.79(a). For this reason, CCAP has been asked to collect an email address from each panel attorney for this purpose. It is expected that e-filing in lieu of paper copies will assist the court and counsel in processing these cases more efficiently and reduce costs for all. (And maybe save a few trees!)
Q: Why does the court need my email?
A: For the court to meet its responsibilities for maintaining electronic filing, it is required by the Rules of Court to maintain and make available to the parties an electronic service list. For example, to maintain e-service on the Attorney General via an email link, counsel's reciprocal email address must be made available. (See amended Rules of Court, rule 8.70 et seq., effective 1/1/12.)
Q: What do I need to do to participate in e-filing and e-service?
A: CCAP has been asked by the Fifth District to collect an email address designated for e-filing and e-service from each panel attorney to assist the court meet its responsibilities for maintaining electronic filing addresses.
Q: Can I use my normal business email for this, or use another one?
A: Yes; some attorneys prefer not to maintain more than one email. Counsel is strongly encouraged, however, to consider whether to set up a standardized separate email address with either their current email provider or with a free email service provider such as Gmail or Yahoo for this. This email – an email for e-filing and e-service purposes only – will be used by the Fifth District as an e-filing email address and for e-service according to Rules of Court. It will be listed in the "Parties and Attorneys" court docket profile online as described in Step 2 above.
Q: What about clients or the public using this email to contact me?
A: This is a possibility. However counsel is not required to answer emails other than to direct the person to a more appropriate contact forum such as your business address. Consider drafting an appropriate template answer to all such email inquiries, such as, "This email address is intended only for e-filing and e-service with the Court of Appeal. Your email will not be processed. You may contact me at: ___."
Q: Has this been done before?
A: Yes. In the ADI pilot project, for example, panel attorneys were asked to set up a separate email using their last name + bar number (e.g., Smith012345@gmail.com) for their designated e-filing or e-service email address.
Q: How do I obtain a free email?
A: Both Gmail and Yahoo provide a free email service.
1) For Gmail type in the link and then click the red button “CREATE AN ACCOUNT”: mail.google.com/mail/signup
2) For Yahoo type in the link and then click the yellow button “Create New Account”: mail.yahoo.com/
3) For a separate second email address with your current email provider (such as AOL, ATT, Comcast, etc.), please contact your email provider directly and follow their instructions. (Be sure to inquire whether there is a charge for this service!)
Q: What documents will be accepted for e-filing?
A: The court is discussing potential e-filing for first time EOTs and Wende briefs in adult-criminal cases as a starting point. (Details to be announced.)
Q: When will this happen?
A: The court anticipates a modified e-filing webpage on the state courts website soon. (Currently only a volunteer pilot project to “Go Green” is posted for the Fifth District. That is not this.) CCAP will notify you when the webpage has been updated and is ready to accept panel attorney e-filings. New panel appointments in the Fifth District already reflect the relevant language for e-filing of Wende briefs via the website. (Please contact Laurel Thorpe or Gary McCurdy if you have already received an appointment order with this language and a Wende brief is ready to be filed prior to the court finalizing its official e-filing webpage.)
Q: What does the new appointment order language say?
A: For all adult-criminal cases, the new appointment order includes the following language:
"Pursuant to California Rules of Court, rule 8.70 et seq., the court hereby gives notice of its election to implement the following e-filing project. Commencing April 1, 2012, in the event counsel determines there is no arguable issue to raise in this appeal, counsel shall file only an electronic original of the Appellant’s Opening Brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende brief) with the court, notwithstanding California Rules of Court, rule 8.204(b). Prior to April 1, 2012, counsel may file an original Wende brief in paper form provided counsel also transmits an electronic copy of the brief to the court.
"Counsel shall continue to serve paper copies, according to the additional service requirements of California Rules of Court, rule 8.360(d), unless, pursuant to California Rules of Court, rule 8.71(a)(2), a party indicates that the party agrees to accept electronic service.
"Any opposition to this e-filing order, on grounds that it would cause undue hardship or significant prejudice, must be filed by counsel within 10 days after the date of this order. (Cal. Rules of Court, rule 8.73(a).)"
Q: Does this apply to juvenile cases?
A: No. There are confidentiality issues that will need to be considered. Counsel will not see the new appointment order language included in juvenile case appointments. CCAP asks that all panel attorneys still provide an e-filing email address, even if you only do juvenile cases.
Q: What document format will I need for e-filing & e-service?
A: E-service documents should be a single, text-searchable PDF file that is an exact duplicate of the paper copy (including the cover sheet, tables, and proof of service). NOTE: A scanned copy of a document does not usually produce a text-searchable PDF file. Instead, counsel is encouraged to learn how to convert their word-processing document into a PDF format that will meet this criteria.
Q: Do I need additional software to do this?
A: No, e-filing should not require additional computer software. Your current word-processing program should be able to convert a document to a PDF format, and the PDF document will be attached to an electronic processing form similar to attaching a document to an email. Instructions for e-filing and attaching a document will be available on the Fifth District’s Electronic Filing web page when it becomes available.
Q: Where can I find steps on how to convert a document to PDF?
A: Read ADI’s helpful instructions already posted on their web site: http://www.adi-sandiego.com/Converting_Documents.html
Q: Will CCAP accept e-service of my document as well?
A: At this time CCAP still requires appointed counsel to send us paper copies of all documents traditionally required to be sent to us. A pilot project for e-service to CCAP is under consideration. Because our email server has size limits for attachments, it is unlikely that we will be able to use email as a long-term solution. So for now, please continue to serve us a paper copy.
Q: I am still not convinced. How do I opt out?
A: We want to assure you that the Fifth District staff has put every effort into the development of their new e-filing system that will be genuinely green, easy for counsel to use, reduce your mailing time and expenses, and will dispense with some of the mounds of paper we all produce day after day. Court staff, in fact, is very excited about expanding this possibility and have been working with local court reporters, superior court clerks, and the Attorney General to encourage all the various entities and people who work in the appellate system to “go green!” Your participation in e-filing and e-service will be an essential element to the success of this program since it will be counsel’s initiation for filing “green” that will start the ball rolling for that case. Imagine: no paper copies, no mailing expenses, no rush to the post office, paperless case!
But we also understand that change is hard and may present problems for some people. You may opt out by following the instructions in Step 2 above within the court's stated time limit. File your hardship notice with the court. Opting out will foreit the opportunity to participate in e-filing with the court and e-service by the parties.
Q: I have a question not answered here.
A: We welcome your input, insights, thoughts and concerns. We know that input from the panel strengthens our mutual understanding for the benefit of the entire system, and for that we sincerely thank you. Please feel free to contact us by email at resources@capcentral.org or call us at (916) 441-3792.