News from the Director

FDAP Panel Developments: New E-Filing System for Appellate Project Cases (Eff. Apr. 14, 2014) & E-Submission in the Cal. Supreme Court (Eff. Jan. 1, 2014)
Jan. 22, 2014

New E-Filing System for First District Effective April 14, 2014, for Panel Cases

Effective April 14, 2014, New Local Rule 16 goes into effect for criminal and juvenile appeals (the rule is effective March 17 for civil appeals), implementing a new---more robust---Electronic Filing System (EFS). The new system will entirely replace the current e-filing/e-submission system. EFS is operated by ImageSoft TrueFiling. Below is some preliminary information about EFS. As we learn more and do some testing, we will provide more detailed information prior to the effective date. 

Mandatory: EFS will be mandatory for all attorneys. Although exemptions will be available for “undue hardship or significant prejudice," such a showing will likely be very difficult to make and all panel attorneys should prepare themselves for learning the new system. 

Testing: FDAP attorneys will be participating in some testing in the coming weeks and we will pass on what we learn about the experience. 

Scope: Under Rule 16, attorneys will not have to provide the court with any paper copies of any filed documents. In addition, the act of e-filing/uploading a document will also effectuate service of the document. In our testing, we will explore whether other entities can be served the same way, e.g. FDAP, district attorneys, county counsels, and the superior court. (Clients will have to be served with paper copies.) 

Fees: The new system will require users to pay fees to ImageSoft. The fee will be $9 per filing. For court-appointed cases, the fees will be reimbursable and should be reported on compensation claims. Our expectation is that the fees will usually be more than offset by the elimination of most shipping, copying and binding expenses. Accordingly, panel attorneys will, overall, front less in costs than under the current system. 

Training: In addition, on January 31, 2014, there will be a free training on the new Electronic Filing System at the Milton Marks Auditorium, 350 McAllister Street, San Francisco (same location as the annual FDAP training). Two alternative sessions will be held:  10:00 a.m. and 1:30 p.m.. Sign up for either session by sending an e-mail to E-Filing.Course@jud.ca.gov, providing 1) name and job title of those registering; 2) professional affiliation; and 3) first preference for time slot on January 31st.  You will be notified if your first preference is not available.

In addition, there are some training videos on TrueFiling's youtube page.

We appreciate the burden of adopting a entirely new system just as we are are getting used to the system adopted in 2013. However, the new system is much more robust and carries with it the benefit of automated service and the elimination of all paper copies for the Court. FDAP will continue to update the panel as we learn more about, and gain experience with, this new system.

E-Submission at the California Supreme Court

Effective January 1, 2014, the California Supreme Court is accepting electronic submission of most petitions and briefs. (For a full list, please see Rule 8.44(a)(1) and (2).)

For petitions for review, answers, replies, and briefs on the merits, parties now have the option of filing either an original and 13 paper copies or an original, eight paper copies and one electronically-submitted PDF copy. (Rule 8.44(a)(1).) For a petition within the Court's original jurisdiction (e.g. a habeas petition), parties now have the option of filing either an original and 10 paper copies or an original, eight paper copies and one electronically-submitted PDF copy. (Rule 8.44(a)(2).)

We strongly encourage panel attorneys to use the electronic-submission option as it will reduce the copying and shipping expenses. 

Documents can be e-submitted to the California Supreme Court on its new e-Submissions page

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