General Questions

Is eFiling mandatory for all Family Law cases

No, not at this time. But the Court encourages all parties to a Family Law case to eFile if document eligibility allows for it.

 

What documents are ineligible for eFiling in a Family Law case?

For Family Law cases, visit the Family Law Ineligible List.

 

How do I file documents that are ineligible for eFiling if the rest of my documents are filed electronically?

Items ineligible for e-filing are filed in paper form in-person, via the court’s drop box, by mail, or by FileSubmit. For FileSubmit, please see the court’s website for requirements and availability.

 

Do I eFile documents directly with the Court?

No. Documents may only be filed electronically through an approved electronic filing service provider (“EFSP”). To view the listing of approved EFSPs and to create an account, visit http://www.odysseyefileca.com/service-providers.htm. Each EFSP offers a variety of services and should be evaluated to meet your filing needs. The EFSP submits filings on behalf of the eFiler and is not an agent of the Court. (Cal. Rules of Court, rule 2.250(b)(8).)

Once chosen, the EFSP will electronically submit documents on your behalf to the Electronic Filing Manager (“EFM”). The current EFM is Odyssey eFileCA. The EFM delivers the documents to the Court’s clerk review module for review, at which time a confirmation of the Court’s receipt of the electronic documents is created.

Thereafter, a clerk of the court will review the electronically submitted documents and either accept the documents for filing or reject the documents. If a document is accepted by the court for filing, it is given an electronic file-stamp and is automatically uploaded to the court’s case management system.

 

Is eFiling the same as fax filing?

No. Please see the court’s website for requirements and availability at Fax Filing Guidelines.

 

What are the filing hours for eFiling?

Documents can be eFiled 24 hours a day. Any eFiling electronically received by the Court at or before 11:59:59 pm is deemed to have been filed on that court day if accepted for filing. Any document received electronically on a non-court day is deemed to have been filed on the next court day if accepted for filing.

Note: The system may be temporarily offline from time to time for maintenance purposes.

 

How do I know if the Court received my eFiling?

Through your EFSP, you will receive an email that confirms the court’s receipt of your electronic submission, setting forth the date and time the electronic documents were received by the court for filing, along with a transaction identification number for tracking purposes.

Confirmation of the court’s receipt of electronic documents does not mean that your documents have been accepted for filing. The court will provide a separate notice to your EFSP indicating whether the court accepted the electronic document for filing.

 

What if my eFiling is rejected?

Any Notice of Rejected documents sent by the Court will include the reason the document was rejected. If your document is rejected, correct the deficiency, and resubmit the document via eFiling.

 

What are common reasons for rejected documents?

In addition to failing to follow California Rules of Court, some common reasons a filing may be rejected by the court include, but are not limited to:

• Documents that are not submitted as separate text searchable PDFs in the same transaction/envelope (e.g., multiple documents are submitted as a single filed document).
• Information entered in data fields is incorrect or does not match the document image (e.g., the incorrect document filing name or code is selected, case number does not match).
• A party’s name or address does not match the party’s information stated on the document.
• Incorrect payment statement is selected or missing (e.g., fee waiver or Government Code Section 6103).
• Incorrect case type or case category is selected.
• Incorrect court location is selected.
• Duplicate submission.

Is there a cost to eFile?

Yes. The EFSP collects the court’s filing fees and the EFSP’s fee when the filing is submitted to the EFSP. The EFSP determines the fees it charges. The EFM also assesses a service fee. The EFSP and EFM service fees are not costs charged by the court.

The court’s standard filing fee schedule can be found on the court’s webpage at the Fee Schedule.

Filings submitted without all required filing fees or a Request to Waive Court Fees will be rejected for correction. Review the Additional services and fees tab and select any additional fees that may be applicable for the filing before submitting to the court (e.g., Court Reporter Fee, First Appearance Fee, or Additional Child(ren) Re: Adoption).

 

Do court appointed attorneys have to pay service fees and EFSPs for electronic filing?

Yes, absent a Fee Waiver, court appointed attorneys must pay all eFiling related fees. Submit request for reimbursement using the appropriate Appointed Services Claim Form. (Note: Appointed Service Claim Forms are ineligible for eFiling.)

 

Can I eFile a fee waiver application?

Yes. The document with the associated filing fee and the Request to Waive Court Fees (FW-001) and Order on Request to Waive Court Fees (FW-003) must be submitted concurrently. Once submitted, it will be processed by the court at the same time. If you are submitting a Request to have your fees waived, you will not be charged fees for using the e-filing system, but your EFSP may still charge you fees. Contact your EFSP for questions about waived vendor fees. You will be notified if your Request to Waive Court Fees was granted or denied. If denied, you will be responsible for all fees incurred.

 

How do I obtain a filed copy of an eFiled document?

The court returns accepted and filed documents to the filing parties through their EFSP. Certified copies may be obtained through normal business processes.

 

Are Notice of Motions, Request for Orders, and Request for Hearings automatically scheduled for hearing by the eFile system?

No, the court clerk will set the hearing upon acceptance and the hearing information will be specified on the accepted and filed hearing document returned through your EFSP.

 

Who do I speak to if I have an eFiling question?

The first point of contact for any question should be the EFSP. If the question cannot be resolved with the EFSP, you may contact the court by using the phone number for the specific location where your case is filed or assigned.

 

How long does it take to process documents that are eFiled?

Processing time depends on the type of document filed.

 

Are eFiled documents available to the public once accepted for filing?

Family law proceedings have limited remote and public access pursuant to California law and Rules of Court. When initiating a new case, it is the responsibility of the eFiler to designate electronic submissions in family law proceedings under the Case Category “Family” and to designate the correct Case Type (e.g., Step Parent Adoption or Dissolution w/Minor Children) to ensure public access is appropriately restricted (e.g., restricted public remote access, party only access, no public access). In addition, documents assigned document filing names with document security designated as confidential will have restricted public access at the level required for the case type and document (e.g., restricted public remote access, party only access, no public access). It is the sole responsibility of the eFiler to properly designate the case category, case type, and document filing name, and thereby the document security level for all eFiled documents.

Any Information that is required by statute, rules of court, or court order to be redacted is the responsibility of the filer, such as confidential bank information, social security numbers, or minor’s names if any order for minor’s information to be confidential was previously granted.

Note: Documents in sealed cases or to be filed under seal or conditionally under seal may not be eFiled.

 

How will I know the Judicial Officer to whom my case is assigned?

Once a new case is accepted by the court for filing, the new case is assigned a case number and given a Judicial Officer assignment. The court will electronically stamp the case information on the front page of your petition and the case number.

 

Can I cancel a transaction after submission?

No. A transaction cannot be canceled after it is electronically submitted.

 

Can I use my personal computer to eFile:

Yes, you can use your personal computer to submit eFiling through an EFSP.

 

Can I change my EFSP after I have chosen and registered with one?

Yes, you may change to a different EFSP at any time by registering with the new service provider.

 

Document Questions

Are there any formatting requirements?

All documents eFiled must be submitted in pdf format using Adobe Acrobat version 7 or higher, and must be text searchable (i.e., optical character recognition (“OCR”). The Court cannot accept documents that do not meet the required formatting.

The Court also cannot accept documents with certain characteristics including, but not limited to: forms with fillable fields, a negative image, or an image that is saved as an “object” on the filed document. When using Judicial Council fillable forms, be sure the fields are inactive and no longer fillable before submitting your document for eFiling. For assistance with inactivating fillable fields, contact your EFSP.

In addition, under California Rules of Court, rule 3.1110(f)(4), electronic exhibits submitted by represented parties must include electronic bookmarks with links to the first page of each exhibit and titles that identify the exhibit number or letter and briefly describe the exhibit. The court also encourages the use of electronic bookmarks in electronic documents for each heading, subheading, and document components, such as table of contents, table of authorities, declarations, and proof of service, if included. No electronic bookmark requirements exist for self-represented parties.

 

Can I scan multiple documents together and upload as one document?

Documents should be submitted electronically as you would at the clerk’s window. If a document would have been stapled together at filing, then it may be electronically submitted as one lead document. Anything that needs its own file stamp should be filed separately as a lead document that gets its own document filing name.

Multiple documents can be filed together in one envelope but each document that requires a file stamp needs its own document filing name. An envelope contains a document or group of documents that will be processed in one transaction for a single case number.

 

 

What are the requirements for signatures on documents filed electronically?

The signature requirements depend on whether a document must be signed under penalty of perjury and/or requires the signature solely of the eFiler or of the eFiler and another party. Please see Code of Civil Procedure section 1010.6(e)(2) and California Rules of Court, rule 2.257 for information on signature requirements.

 

What is a “document filing name”?

The “document filing name” is the type of filing (e.g., Family Law Petition Filed, Response to Petition filed, Request for Order Filed re:, etc.). Some EFSPs refer to it as the “filing code”. It is used to properly designate the document, security designation, and filing fee, if any, upon submission. It is important to use the correct filing document name.

Please also include the complete title of the filing in the “filing description” to facilitate efficient processing of documents and the accuracy of the Register of Actions. For example, describing a filing as “Request for Order” is insufficient if the document being filed is a “Request for Order re Child Support”.

 

What if I cannot find the document filing name for the document I am eFiling?

First, check whether the type of document is eligible for eFiling and, if not, do not eFile. If the document is eligible for eFiling and does not have a corresponding document filing name, you must use one that most likely describes your filing. You may also use a generic document filing name and include an explanation for the selection in a “Comments to Court”.

Note: If a document should have a “confidential” security level ascribed to it, using an incorrect or a generic document filing name may result in the document being available to the public. Using an incorrect document filing name may also result in the document being rejected.

 

Can I eFile a confidential document?

Yes. The document may be eFiled as long as the case type and document filing name are available as a filing option. Be mindful that selecting the correct case type and document filing names is important because whether the document is viewable by the public is affected by that selection. Document filing names in which a document’s security is designated as confidential will have restricted public access at the level required for the case type and document filing name. Choosing the incorrect case type or document filing name for an eFiled document may result in it being made available to the public.

Note: Documents in sealed cases or to be filed under seal or conditionally under seal may not be eFiled.

 

Should eFiled documents be password protected?

No. Documents should not be password protected and will be rejected if password protected.

 

Do I need to submit a courtesy copy?

No, unless the court requests otherwise.

 

Is there a limit on the file size for uploading documents?

There is a 25 MB document limit and a 50 MB file limit. No single document can be larger than 25 MB and no group of documents can be larger than 50 MB on a single electronic submission. Contact your EFSP for assistance in optimizing your files.

 

Can I scan and upload documents in color?

Yes. When submissions need to be scanned in color, color scanning resolution should be set at 300 dpi to ensure effective uploading and adequate capacity for storage. This setting can be adjusted in your scanner settings menu, under scan resolution. Contact your EFSP for assistance with optimizing your files.

 

When eFiling a Petition, do I have to add all parties?

Yes. All parties named on a Petition must be separately added and designated as parties. The party names must match the names on the Summons.

 

How do I submit a proposed order?

Proposed orders may only be submitted electronically with a filing to be considered at a hearing (e.g., adoption orders, Order on Motion to be Relieved as Counsel, etc.) or for a Fee Waiver, and should be electronically submitted as a separate document. At this time, the court only requires the eFiler to electronically file a proposed order in a PDF format; an editable word-processing version pursuant to California Rules of Court, rule 3.1312(c)(2) and an EFS-020 cover sheet is not required.

Note: Stand-alone orders, such as Earnings Assignment Orders, Income Withholding Orders, Findings and Orders after Hearing, Qualified Domestic Relations Orders, Stipulation and Orders, and Judgments (with the exception of FL-825 Judgment of Dissolution and Notice of Entry of Judgment submitted concurrently with FL-800 Joint Petition for Summary Dissolution) may not be eFiled at this time.

 

How will I know when my proposed order is signed?

At this time, eFiled proposed orders will be processed the same as manually submitted proposed orders. It will not be returned electronically to the EFSP. To obtain a copy of the signed order follow the normal procedure to submit a copy request.

 

How do I redact a document to ensure sensitive information is not accessible in a document I eFile?

Please refer to your EFSP’s website for guidance on how to properly redact information from documents.

Improperly redacting PDFs may place you or your client(s) at risk of releasing sensitive case information. To maintain confidentiality and ensure all redactions are appropriately applied, it is imperative that you remove metadata. Metadata is hidden information embedded within a document that, with a few clicks, may reveal a document’s revision history, earlier drafts, information about the document author, file name, date of creation, and so on. This information is still available and accessible, even if the document was converted to a PDF. It is your responsibility to learn more about metadata and how to remove it properly.

 

How do I eFile a Request for Order to file a document conditionally under seal?

A Request for Order to file a document under seal may be eFiled along with the redacted version of the document proposed to be filed under seal. Parties must take care to ensure the eFiled version is correctly redacted so that redacted text is not viewable.

The unredacted document that the party seeks to file under seal is ineligible for eFiling and must not be eFiled. The unredacted document must be lodged conditionally under seal directly in the clerk’s office, with a conformed copy of the electronically filed Request for Order attached.

The court is not responsible for errors in filing or redactions.

 

How do I submit a subsequent filing if I cannot see the parties’ names?

Due to the confidentiality of some case types, the parties’ names are hidden. To file a subsequent filing, you will have to select either Petitioner or Respondent and the clerk’s office will modify the filing party as needed.

 

Can I eFile a Request for Domestic Violence Restraining Order?

Domestic Violence Restraining Orders, including Ex Parte Applications for Temporary Restraining Orders and all documents in support such as DV-160, DV-600, DV-630, DV-700, etc. can be electronically filed using the System for Domestic Violence Restraining Order Requests or you may submit your documents via FileSubmit or in person (refer to the court’s website for assistance).

 

Service Questions

If I use the eFiling system have I consented to receive electronic service in my case?

For the represented party, eFiling does not change electronic service requirements. (Code Civ. Proc., §1010.6(b)(2) [“A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission.”].)

A self-represented party must affirmatively consent to acceptance of electronic service. The Submission Agreement with the EFSP requires such consent. But a self-represented eFiler should also serve notice of consent on all parties to make them aware of the self-represented party’s consent.

If a self-represented party will not affirmatively consent to electronic service as part of eFiling through an EFSP, then the self-represented party will need to use a different method of filing. (For Domestic Violence Restraining Orders, refer to the court’s website for assistance.)

For rules and requirements related to electronic service, see Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.251.

 

Will the court electronically serve other parties for me after I eFile?

No. The eFiler is responsible for complying with service requirements. The court will not serve parties on your behalf.