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California Supreme Court Truefiling policies

Updated: 9/7/2017

Bulletin Board

  • TrueFiling is mandatory in the California Supreme Court for some court filings, effective September 1, 2017. The Court's news release about the launch of eFiling is available on the court's website here. A list of documents that must be eFiled is below.

  • All panel attorneys are encouraged to become familiar with TrueFiling requirements in this Court by reading the Supreme Court Rules Regarding Electronic Filing (external link). Effective September 1, 2017, the California Supreme Court revised its eFiling rules (the link aboove is to the most recent version of the rules). Please note the following changes.

    • A Court of Appeal Opinion attached to a petition for review does NOT need to be consecutively numbered to follow the numbering of the petition. (See Supreme Court Rules Regarding Electronic Filing, rule 10(a)(2).) Previously, the Court of Appeal opinion was required to be consecutively numbered.

    • For each electronically filed document in proceedings under California Rules of Court, rules 8.500-8.552, the filer is now only required to submit one unbound paper copy of the document to the Court (the previous rules required counsel to submit two bound paper copies). (See Supreme Court Rules Regarding Electronic Filing, rule 5(a)(1).)

    • The paper copy must be "mailed, delivered to a common carrier, or delivered to the court within two court days after the document is filed electronically with the court." (Supreme Court Rules Regarding Electronic Filing, rule 5(a)(2).) Previously, the Court required the paper copies to be delivered to the Court (personally, by express mail, or by other means reasonably calculated to ensure delivery) within two court days. Now, the copy of the electronically filed document must be postmarked or delivered within two court days. (But note, if an immediate stay is requested, a paper copy must be delivered to the Court by the close of business the next court day after the document is electronically filed.)
  • We have heard from panel attorneys that during the first part of the voluntary TrueFiling period in the California Supreme Court, a copy of a petition for review was automatically served on the Court of Appeal. However, we have been informed that this practice has now ended. Now, filing a petition for review via TrueFiling in the California Supreme Court will NOT automatically serve the Court of Appeal with a service copy of the petition. Counsel must serve the Court of Appeal with the petition for review separately. (See number 5 below for more information.)

  • A TrueFiling training webinar for eFiling in the CSC is available here.

NEW! CCAP now has step-by-step instructions for filing a petition for review in the California Supreme Court via TrueFiling, and combining PDF copies of a petition for review and a Court of Appeal opinion. The instructions are available on CCAP's Step-by-Step guides page.

 

Policies & Requirements for TrueFiling in the California Supreme Court

 

1. Beginning September 1, 2017, the following documents must be eFiled with the California Supreme Court

  • In proceedings under California Rules of Court rules 8.500-8.552, all documents filed before the Court issues its decision to grant or deny review, including:
    • Petitions for review;
    • Answers to petitions for review;
    • Replies to answers to petitions for review;
    • Applications to permit the filing of a petition, answer, reply, or attachment that exceeds the length limits set by California Rules of Court, rule 8.504(d);
    • Applications to extend the time to file an answer or reply;
    • Motions for relief from default for failure to timely file a petition, answer, or reply;
    • All other applications and motions in these proceedings filed before the Court issues its decision to grant or deny review; and
    • Any correspondence filed in connection with the above documents except amicus curiae letters under California Rules of Court, rule 8.500(g) and requests for depublication and related documents under California Rules of Court, rule 8.1125 (amicus curiae letters and requests for depublication and related documents may be filed electronically on a voluntary basis).
  • Documents in matters arising from a judgment of death.
  • Any other document on order of the Court.

Note that, for noncapital appeals, TrueFiling will only be used for documents filed before the Court issues its decision to grant or deny review. (See Supreme Court Rules Regarding Electronic Filing, rule 3(a)(1).)

As of September 1, 2017, electronic filing will also be mandatory in cases commenced before that date. (Supreme Court Rules Regarding Electronic Filing, rule 3(b).)

 

2. Bookmarking Requirement

Each document filed electronically must include electronic bookmarks. (See Supreme Court Rules Regarding Electronic Filing, rule 10(a)(3).)

For petitions for review, there must be an electronic bookmark to the Court of Appeal opinion attached to the petition, but the headings and subheadings within the Court of Appeal opinion do NOT need to be bookmarked.

Need help on how to bookmark?

We have created step-by-step guides on how to bookmark located on our Step-by-Step guides page.

 

3. Pagination Requirement

The page numbering of a document filed electronically must comply with California Rules of Court, rule 8.74(b)(3), which provides that the page numbering of a document filed electronically must begin with the first page or cover page as page 1 and use only Arabic numerals (e.g., 1, 2, 3). (Supreme Court Rules Regarding Electronic Filing, rule 10(a)(2).)

For petitions for review, the Court of Appeal opinion attached to the petition does NOT need to be consecutively numbered to follow the numbering of the petition.

Need help on how to paginate?

We have created step-by-step guides on how to paginate a document located on our our Step-by-Step guides page.

 

4. One Unbound Paper Copy Must Be Submitted to the Court

For documents that are electronically filed via TrueFiling in noncapital appeals, the filer must also submit to the Court one unbound paper copy of the document (this must be an exact copy of what was submitted to the Court electronically, i.e., the pagination should be exactly the same). (Supreme Court Rules Regarding Electronic Filing, rule 5(a)(1).)

The paper copy must be "mailed, delivered to a common carrier, or delivered to the court within two court days after the document is filed electronically with the court." (Supreme Court Rules Regarding Electronic Filing, rule 5(a)(2).) Previously, the Court required the paper copies to be delivered to the Court (personally, by express mail, or by other means reasonably calculated to ensure delivery) within two court days. Now, the copy of the electronically filed document must be postmarked or delivered within two court days. However, if the filing requests an immediate stay, the paper copies must be delivered to the Court by the close of business the next court day after the document is filed electronically. (Supreme Court Rules Regarding Electronic Filing, rule 5(a).)

Because the rule no longer requires express mail delivery, the projects will be unable to recommend payment for express mail for sending the paper copy of the petition for review to the Court.

 

5. Serving the Court of Appeal

Please be aware that filing a petition for review via TrueFiling in the CSC will NOT automatically serve the Court of Appeal with a service copy of the petition. Counsel must serve the Court of Appeal with the petition for review separately. In the Third and Fifth District Courts of Appeal, counsel must serve the court by going to the Court of Appeal's TrueFiling portal, and filing a service copy of the petition for review in the Court of Appeal. As a result, counsel will complete two transactions in TrueFiling when filing a petition for review: one to file the petition for review using the CSC's portal in TrueFiling, and one to serve the Court of Appeal using the Court of Appeal's portal in TrueFiling.

 

6. Documents That Exceed 25 Megabytes

If a document that needs to be TrueFiled exceeds 25 megabytes, a party must submit the document in multiple files. (Supreme Court Rules Regarding Electronic Filing, rule 10(b).) When a document must be submitted in multiple files, there are special requirements for paginating each file and for the cover page of each file. (See Supreme Court Rules Regarding Electronic Filing, rule 10(b)(2).)

 

7. Serving CCAP and the Attorney General

Appointed counsel may electronically serve CCAP and the Attorney General with filings in CSC cases at our regular eservice addresses:

CCAP: eservice@capcentral.org
Attorney General: SacAWTTrueFiling@doj.ca.gov

 

8. CSC's eSubmissions System

The CSC's eSubmissions system will still be available to use after TrueFiling is mandatory for documents filed after review is granted or denied.

 

9. Delivery of Court Orders and Other Documents

At this time, the CSC will be serving parties with orders and documents via regular mail (not via TrueFiling).

 

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