There have recently been many changes in the appellate rules regarding electronic filings and electronic submissions, and many courts have made these mandatory. The California Court of Appeal, First Appellate District is among the most recent adopters.

Effective May 1, 2013, the California Court of Appeal, First Appellate District has new rules regarding mandatory electronic submission of briefs, motions, appendices, reporter’s transcripts and administrative records. The First Appellate District now mandates electronic submission of a text-searchable PDF copy of all briefs, motions and writ petitions. The Court will also require parties to submit a text-searchable PDF copy of all appendices, administrative records, reporter’s transcripts and exhibits to writ petitions. Also, certain preliminary certificates, notices and extension requests must now be filed electronically. It is imperative to note that the electronic filing of preliminary certificates, notices and extension requests are in lieu of the paper copies in this Court. However, printed briefs still must be filed with the Court when the briefs are submitted to the Court electronically. The number of printed briefs required changes from court to court.

Although not an early adopter of the mandatory electronic submission, the First Appellate District is the first Court to require appellant’s counsel to provide electronic submission of the reporter’s transcripts and administrative records and the first to require electronic submission of motions.

There are a couple of exceptions to the new rules. These include self-represented parties, who may comply with the rules but are not required to do so. Any other party seeking exemption must lodge the paper copies along with a declaration of hardship to support the request to be excluded from these requirements.

The Court’s Misc. Order 13-1 may be found here. (Please note that the electronic filing and electronic submission requirements differ for each of the California Court of Appeal districts. We recommend checking the local rules prior to filing, as the rules are often updated and the requirements may change.)

For a related article, recently published by Counsel Press, please use the following link: Intro to eBriefs in the California Appellate Courts

Tagged: Appellate Practice, Appellate Services, Court Technology, California Court of Appeal, Electronic Briefs