Title
Title
Appellate Procedure: Ensure Consistency Between E-filing Rules and Court Practices (Action Required)
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Summary
Summary
The Information Technology Advisory Committee and the Appellate Advisory Committee propose changes to the appellate rules to reflect the e-filing practices used by the appellate courts. These changes will eliminate conflicts between appellate court local rules and the rules of court, and ensure consistency in the e-filing practices of the Courts of Appeal where such consistency is desirable.
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Recommendation
Recommendation
The Information Technology Advisory Committee (ITAC) and the Appellate Advisory Committee (AAC) recommend that the Judicial Council, effective January 1, 2017:
1. Revise rule 8.70 to eliminate outdated references to e-filing "projects" in the appellate courts.
2. Reorganize the appellate e-filing rules so that the rules pertaining to e-filing come first, followed by the e-service rules.
3. Renumber rule 8.71 as rule 8.78 and revise it to apply only to e-service, with e-filing covered under new rule 8.71. (A detailed description of proposed renumbered rule 8.78 is given below.)
4. Create new rule 8.71, implementing mandatory e-filing in the appellate courts; exempting self-represented parties from mandatory e-filing unless they agreed to e-file, by e-filing a document or otherwise; exempting trial courts from e-filing unless they agreed to e-file; and requiring appellate courts to have procedures for parties to ask to be excused from e-filing upon a showing of undue hardship or significant prejudice.
5. Delete rule 8.72, which specifies which documents may be filed electronically, with some of its provisions moved into new rule 8.71.
6. Renumber rule 8.73 as rule 8.79 and revise it to apply only to orders for e-service. (A detailed description of proposed renumbered rule 8.79 is given below.)
7. Renumber rule 8.74 as rule 8.72 and revise it to reflect that e-filing is proposed to be mandatory.
8. Renum...
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