PRINT PAGE

TrueFiling in the Fifth District

Bulletin Board Announcements

NEW: Bookmarking Resources

See below for information about the bookmarking requirement in Local Rule 8(b) (external link) and instructions for creating bookmarks in a PDF.

TrueFiling Launch Date

The planned effective date of TrueFiling in the Fifth District Court of Appeal (DCA) has changed. Beginning March 23, 2015, attorneys may voluntarily submit documents for e-filing through TrueFiling with the Fifth DCA in criminal and juvenile matters. E-filing through TrueFiling in criminal and juvenile matters will be mandatory beginning May 11, 2015.

All documents submitted to TrueFiling for filing (including those submitted voluntarily) must comply with the Court's Local Rule 8 (external link), as amended effective May 11, 2015. Please note that Local Rule 8 was amended very recently.

Of particular importance, documents must comply with Local Rule 8(b), which outlines the formatting requirements for e-filed documents. Some of these requirements are new for TrueFiling. Local Rule 8(b) provides:

Documents filed electronically must be in PDF format, or readily capable of conversion to PDF format while maintaining original document formatting by TrueFiling to permit text searches and to facilitate transmission and retrieval. If the filer possesses only a paper copy of a document, it may be scanned to convert it to a searchable PDF format. It is the filer's responsibility to ensure that any document filed is complete and readable. No single document shall exceed a total file size of 25 MB. Document pages must be consecutively numbered beginning from the cover page of the document and using only the Arabic numbering system, as in 1, 2, 3.

Briefs must comply with the content and form requirements of California Rules of Court, rule 8.204, with the exception of those provisions dealing exclusively with requirements for paper. Notwithstanding rule 8.204(b)(7), briefs may not have different numbering systems. The table of contents for each brief shall include electronic bookmarks to each heading in the text. All original proceedings must include electronic bookmarks from the table of contents for each heading in the text, and to the first page of any exhibit(s), with a description of the exhibit included in the bookmark.

(Italics added.)

More information about TrueFiling is available on the Court's website here (external link). CCAP will be adding more information and resources to its TrueFiling webpage as the mandatory TrueFiling date approaches.

The Fifth DCA will discontinue the current e-filing/e-submission system that has been in use for the past year, eliminate the distinction between e-filing and e-submission, and mandate e-filing through TrueFiling. (Ct. App., Fifth Dist., Local Rules, rule 8, Electronic Filing (external link).)

 

Registration

Panel attorneys may now register for TrueFiling in the Fifth DCA here (external link). Although registration is now open, attorneys will not be able to use TrueFiling to file any documents electronically in criminal and juvenile appeals and original proceedings until March 23, 2015. Beginning on this date, attorneys may voluntarily submit documents for e-filing through TrueFiling. E-filing through TrueFiling in criminal and juvenile matters will be mandatory beginning May 11, 2015.

CCAP has created the following instructions for registering for a TrueFiling account:

Instructions for Registering for a TrueFiling™ Account (PDF)

 

Court and TrueFiling Resources

Local Rule 8

The Fifth DCA has adopted Local Rule 8 (effective May 11, 2015), which addresses the new e-Filing requirements through the TrueFiling system. The full text of the rule is available on the Court's website here (external link).

 

TrueFiling Training Videos

In anticipation of mandatory e-Filing, the Fifth DCA offered free training sessions to the legal community on December 4, 2014. A video of the training session is available on the Court's website here (external link) (scroll down to the "View the training recording" link in the "Mandatory Electronic Filing" announcement). Please note that the link on the Court's website may require installation of a WebEx plug-in to view the training video.

TrueFiling also provides short training videos to help users of the product become more familiar with its functionality and usage. A wide range of topics are covered, including how to login, search for cases, and file documents. The TrueFiling training videos are available on YouTube here (external link). The Fifth DCA has also provided links to some of the videos on its website.

Please note that these videos do not demonstrate the final version of the TrueFiling system that will be launched in the Fifth DCA. The TrueFiling system has been implemented in various courts and the Fifth's version may be slightly different, including some improvements based on users' feedback from the First DCA. The training videos demonstrate how the TrueFiling system generally operates.

 

TrueFiling User Guides

Once you have registered for TrueFiling, you will have access to comprehensive user guides created by TrueFiling. Instructions on how to access the TrueFiling user guides are included in CCAP's Instructions for Registering for a TrueFiling™ Account (PDF). Please note that there may be some differences between the TrueFiling user guides and the final version of the TrueFiling system that is implemented in the Fifth DCA. If CCAP becomes aware of significant differences, we will create specific instructions for the Fifth DCA's system.

 

E-service in Fifth District Cases

CCAP is now accepting electronic service (e-service) from panel attorneys in Fifth District cases at eservice@capcentral.org. Panel attorneys may e-serve CCAP either through TrueFiling or by e-mail directly to our e-service email address. If CCAP is served by e-mail directly to our e-service address, the document must be a searchable PDF and must comply with the Fifth District's Local Rule 8(b) (external link). CCAP will also accept traditional mail service.

We ask that the panel not attempt to e-serve your case buddy via their personal CCAP email. Using the eservice@capcentral.org address will both insure that your document is properly routed within our office for attaching to your electronic case file, and will make it immediately available to the coverage team in the event the assigned buddy is out of the office.

The Attorney General has also agreed to accept e-service from panel attorneys in Fifth District cases at dcadocketingsacawt@doj.ca.gov. Panel attorneys may e-serve the Attorney General either through TrueFiling or by e-mail directly to that email address. The Attorney General will also still accept traditional mail service.

 

Bookmarking Requirement in the Fifth District's Local Rule 8(b)

CCAP has received several questions about the bookmarking requirement in the Fifth District's Local Rule 8(b) (external link). This rule refers to electronic bookmarks that may be added to a PDF. Electronic bookmarks are a navigational tool that allows readers to locate and link to specified areas in a document; they are a type of link that appears in a navigational panel on the side of the PDF, not in the table of contents of the document itself. A brief submitted to the Fifth District via TrueFiling must include electronic bookmarks to each heading in the text, including subheadings. This means that the table of contents, table of authorities, word count certification, and the proof of service must also be bookmarked. The best practice is to provide a bookmark for each item that appears in the table of contents for the brief.

Please note that hyperlinks in the table of contents of the brief are NOT required and will NOT satisfy the requirements of local Rule 8(b). However, attorneys may include hyperlinks in the table of contents in addition to electronic bookmarks.

There are a number of programs available that may be used to create the electronic bookmarks required by local Rule 8(b). A few are listed below:

CCAP is not recommending or endorsing any product mentioned above, but we are instead providing this information to alert the panel that there are different options for creating the required bookmarks and to help the panel get started with researching the various alternatives. Please note that some of these programs only work with Windows and others only work with Macs. Many of these programs also have a free trial version so you may be able to try the product first.

PDF Bookmark Examples

What is a Bookmark in a PDF? (PDF)

For those who do not know what electronic bookmarks in a PDF look like, this resources has instructions for how to access these bookmarks.

Example of a brief with PDF bookmarks (PDF)

Please note that you will need to download the sample brief in order for the PDF bookmarks to display properly. You will not be able to see or access the bookmarks if you only open the sample brief in your Internet browser.

PDF Bookmark Instructions

By providing the instructions below, CCAP is not recommending or endorsing any specific software. These instructions were created to show some of the many available options for creating bookmarks in a PDF. While there are many ways to create PDF bookmarks, CCAP will only able to provide instructions on how to use a few of these programs. Readers are encouraged to independently research the different software that is available and to determine which program fits their needs, and computer operating system, best.

Instructions for Adding Bookmarks Using Adobe Acrobat (PDF)

Instructions for Adding Bookmarks Using Foxit Reader (PDF)

Instructions for Adding Bookmarks Using Word (Coming Soon!)

Instructions for Adding Bookmarks Using WordPerfect (Coming Soon!)

FAQ

This FAQ section will be updated as CCAP learns more about the TrueFiling system that will be implemented in the Fifth DCA.

 

Q1: What is TrueFiling in the Fifth District all about?

A: Commencing March 23, 2015, attorneys may voluntarily submit documents in criminal and juvenile matters for electronic filing (e-filing) through the Court's electronic filing system, TrueFiling, which will allow electronic transmission of all documents to the Court on a 24-hour basis. Beginning May 11, 2015, all filings in criminal and juvenile appeals and original proceedings submitted to the Fifth DCA must be e-filed through TrueFiling. The TrueFiling system was developed in partnership with the vendor ImageSoft, Inc. The Fifth DCA will discontinue the current e-filing/e-submission system that has been in use for the past year, eliminate the distinction between e-filing and e-submission, and mandate e-filing through TrueFiling.

 

Q2: Is TrueFiling Mandatory?

A: Under Local Rule 8, use of TrueFiling is mandatory for all attorneys filing in the Fifth DCA, unless an exemption is granted by the Court. Each attorney of record in any proceeding in the Fifth DCA is obligated to become a user of TrueFiling and obtain a user ID and password for access to the TrueFiling system.

 

Q3: How do I apply for an exemption?

A: Exemptions as described by Local Rule 8 may be granted by the Fifth DCA. Local rule 8(k) explains the requirements for applying for an exemption:

If electronic filing and/or service causes undue hardship or significant prejudice to any party, the party may file a motion for an exemption from the requirements of this rule. (See Cal. Rules of Court, rule 8.54(a)(1)&(2).)

The motion should include a declaration explaining the hardship or prejudice, or other supporting evidence. Counsel should serve CCAP with a copy of any motion requesting an exemption from TrueFiling.

 

Q4: I'm already registered for TrueFiling in the First DCA. Do I need to register again to use TrueFiling in the Fifth DCA?

A: Panel attorneys who are already registered users of TrueFiling in the First DCA DO NOT need to re-register for the Fifth DCA—attorneys who practice in both the First and Fifth Districts should only have one TrueFiling account. Instructions for adding the Fifth DCA as a favorite court are included in CCAP's instructions on the TrueFiling registration process (see "Adding the Fifth District Court of Appeal as a Favorite Court—For Panel Attorneys Who Practice in the First District" in CCAP's Instructions for Registering for a TrueFiling™ Account (PDF)).

 

Q5: In cases where counsel is appointed, will the Fifth DCA automatically add the Attorney General and CCAP as electronic service recipients in the TrueFiling system?

A: CCAP is currently working with the Attorney General's office to see if they will accept electronic service in Fifth DCA cases. If they do agree to e-service, we will contact the Fifth DCA about automatically adding the Attorney General's e-service address in cases where counsel is appointed, like the First DCA currently does. We will also talk to the Court about automatically adding CCAP's e-service address as well once CCAP is able to accept e-service from the entire panel.

 

Q6: For dependency cases, will the Fifth DCA automatically add county counsel as an electronic service recipient in the TrueFiling system?

A: When TrueFiling initially launches, CCAP does not anticipate that the Fifth DCA will automatically add county counsel as an electronic service recipient in dependency cases where counsel is appointed. After Local Rule 8 goes into effect on May 11, 2015, CCAP plans to contact the Court about automatically adding county counsel who have registered for TrueFiling. (See Ct. App., Fifth Dist., Local Rules, rule 8(i).)

 

Q7: What file formats will TrueFiling accept?

A: TrueFiling will accept the following file formats:

  • Microsoft Word (DOC and DOCX)
  • Adobe PDF (PDF)
  • Plain Text (TXT)
  • Scanned Images (TIFF, JPG, and PNG)
  • Rich Text Format (RTF)

Please note that TrueFiling does not accept WordPerfect documents. WordPerfect documents will need to be converted to a PDF before they can be filed.

The other document formats (DOC, DOCX, TXT, TIFF, JPG, PNG, and RTF) will be converted to a PDF by TrueFiling.

 

Q8: Is there any reason to convert my document to a PDF before I upload it to TrueFiling for filing?

A: CCAP recommends that you create a searchable PDF for filing in TrueFiling. A PDF stabilizes the formatting of a document for sharing across multiple platforms that may not otherwise be compatible with the software that you used to create the document. However, if you leave it to TrueFiling to convert your document to a PDF for you, you cannot be entirely sure what the court is going to get, because any formatting conversion errors will not be fixed by them. Doing your own conversion to a PDF means you have more control over the final result.

 

Q9: Who do I contact if I have questions about TrueFiling?

A: The first point of contact for trouble-shooting and technical problems with the TrueFiling system is TrueFiling support (external link). Phone support is available at (855) 959-8868, Monday through Friday, 8:00 am to 6:00 pm.

For general questions about TrueFiling and the Fifth DCA's TrueFiling policies, panel attorneys may contact CCAP staff attorney Joanne Kirchner by email at resources@capcentral.org or phone at (916) 441-3792.

 

Q10: What happens if there is a technical failure during the filing process in TrueFiling?

A: If you experience technical difficulties when you are attempting to file a document using the TrueFiling system, counsel should first call the toll-free number posted on the TrueFiling website (external link) to try and resolve the issue.

The Fifth DCA's local rule 8(h) addresses how to proceed when a document is not filed on time due to a technical failure. If you fail to meet a filing deadline because of a failure at any point in the electronic transmission and receipt of a document, you may file the document as soon thereafter as practicable and accompany the filing with a motion to accept the document as timely filed. (See also Cal. Rules of Court, rule 8.54(a)(1)&(2).)

If the TrueFiling system is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon that day, the Clerk of Court shall deem the TrueFiling system to be subject to a technical failure. Filings due on the day of a technical failure which were not filed solely due to such technical failure shall be due the next court day.

 

Q11: Are there any court rules that specifically apply to e-filing?

A: California Rules of Court, rules 8.70 through 8.80 govern filing and service by electronic means in the Supreme Court and any Court of Appeal that elects to implement an e-filing project. In addition to these rules, the Fifth DCA has adopted Local Rule 8 (effective May 11, 2015), which addresses electronic filing in the Fifth DCA.

 

Q12: Will other courts begin using TrueFiling?

A: It is our understanding that within the next year or so TrueFiling will incorporate every District Court of Appeal into their e-filing system. It is up to each court how they implement it and to what extent they require it for e-filing. So far both the First DCA and the Fifth DCA are requiring all filed documents to be TrueFiled (so "all-in"). What this means is that all panel attorneys will likely be impacted by the TrueFiling requirements of the various appellate courts they work with to one extent or another. The full impact of this is unknown until each DCA comes online and announces its intention to adopt TrueFiling via a local rule of court. The court's technology committee has announced that the Third DCA comes online in "mid-2015" and the Sixth DCA will follow in late 2015. The Fourth and Second DCAs will follow later with L.A. expected to be last on board.

 

Q13: I have a question not answered here.

A: We welcome your questions, concerns, and feedback about TrueFiling. 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.

 

 

BACK TO TOP