File #: 19-164    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/15/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Appellate Procedure: Uniform Formatting Rules for Electronic Documents (Action Required)
Attachments: 1. 20190924-19-164
Title
Title
Rules and Forms | Appellate Procedure: Uniform Formatting Rules for Electronic Documents (Action Required)

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Summary
Summary
The Appellate Advisory Committee and the Information Technology Advisory Committee propose revising several rules of the California Rules of Court to make uniform the formatting guidelines for electronic documents filed in appellate courts. The rules currently lack various requirements established by local rule. Moreover, most local rules differ in their requirements and scope. By establishing uniform rules for all appellate courts, this proposal will ease the burden on filers caused by differing formatting rules. The proposal originated from a suggestion by a member of the Joint Appellate Technology Subcommittee of the Appellate Advisory Committee and the Information Technology Advisory Committee.

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Recommendation
Recommendation
The Appellate Advisory Committee and the Information Technology Advisory Committee recommend that the Judicial Council, effective January 1, 2020, amend the California Rules of Court as follows:

1. Rule 8.40, to limit its scope to cover requirements for documents filed in paper form;

2. Rule 8.44, to:

* Allow a court to require by local rule the submission of an electronic copy of a paper filing; and
* Delete references to local court requirements for electronically filed documents, because e-filing is now mandatory and the format of electronic documents is addressed in rule 8.74;

3. Rule 8.46, to update a cross-reference to rule 8.40 (paper format) and to add a cross-reference to rule 8.74 (electronic format);

4. Rule 8.71, to impose mandatory electronic filing with some limited exceptions, including those established by the Supreme Court Rules Regarding Electronic Filing;

5. Rule 8.72, to set out the e-filing responsibilities of courts and electronic filers, and to add an advisory committee comment regarding an electronic filer's responsibilities not to harm the court's electronic...

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