General Questions

Is eFiling mandatory for all civil cases?

No, not at this time. The court encourages all parties to a civil case (Limited, Unlimited, and Complex) to eFile if document eligibility allows it.

 

What documents are ineligible for eFiling in a civil case?

In civil cases, the following documents cannot be eFiled:

• Abstracts/Writs
• Appeal filings
• Bench Warrants
• Civil harassment restraining order proceedings that includes a request to keep minor’s information confidential at the time of case initiation (otherwise civil harassment restraining order proceedings may be electronically filed)
• Copy/Certification/Exemplification requests
• Default Judgment Packets (except for Unlawful Detainer (LLT) cases)
• Documents filed under seal or provisionally under seal pursuant to California Rules of Court, rule 2.551 (although the motion to file under seal itself and redacted documents may be electronically filed)
• Documents for in camera review
• Documents in sealed cases, including False Claims Act (Gov. Code, § 12650, et seq.) and actions under Insurance Code § 1871.7, while cases are under seal
• Ex parte applications
• Exhibits that are physical objects and that may not be comprehensibly viewed in an electronic format
• Exhibits to be offered at a trial or evidentiary hearing
• Firearms Petitions under Welfare and Institutions Code §§ 8102 or 8103
• Lodged documents, including Administrative Records and the Notice of Lodgment
• Mandatory Settlement Conference Briefs and Mediation Briefs
• Notice of Appeal of Labor Commissioner if person initiating will deposit cash/check (For Labor Commissioner Appeals in which person will be depositing a bond/undertaking, see Civil eFiling FAQs)
• Order to Appear for Examination of Judgment Debtor (ORAP)
• Out-of-State Commissions/Subpoenas
• Peremptory challenges or challenges for cause of a judicial officer pursuant to Code of Civil Procedure sections 170.1 and 170.3
• Petition to compromise claims of a minor or person with disability if filed within an existing Civil case
• Renewal of Judgments (except for Unlawful Detainer (LLT) cases)
• Request to File New Litigation by Vexatious Litigant
• Safe At Home Name Change Petitions (all filings in case type)
• Subpoenas and subpoenaed documents
• Undertaking/Surety Bonds (Except for Labor Commissioner Appeals in which person initiating has obtained a bond/undertaking, see Civil eFiling FAQs)
• Writs of Habeas Corpus

How do I file documents that are ineligible for eFiling?

Items ineligible for eFiling may be submitted for filing in-person, via the court’s drop box, by mail, by fax, or by FileSubmit. For fax filing and 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 electronically 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. For fax filing, please see the court’s website for requirements and availability.

 

What are the filing hours for eFiling?

Documents may be eFiled 24 hours a day. Any eFiling electronically received by the court at or before 11:59:59 p.m. 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.

 

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

Processing time depends on the type of document filed.

 

What if my eFiling is rejected?

Any Notice of Rejection sent by the court will include the reason the document was rejected and returned. If your document is rejected, correct the deficiency, and resubmit the document via eFiling. If the document is not timely filed because of the rejection or filing error, you will need to apply to the court for relief or other corrective order.

Rejected complaints or cross-complaints are subject to tolling as set forth in the Code of Civil Procedure section 1010.6(e)(4)(E).

 

What are common reasons for rejection?

In addition to failing to follow California Rules of Court, rules 2.100 et seq., some common reasons a filing may be rejected by the court include, but are not limited to:

• Documents 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 Filing 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 (e.g., fee waiver or Government Code Section 6103)
• Incorrect case type or case category is selected
• Incorrect court location is selected
• Duplicate submission
• Exhibits are not bookmarked when required.

Is there a cost to eFile?

Yes. The EFSP collects the 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. Court fees will not be assessed if a Request to Waive Court Fees is submitted at the time of filing.

The court’s standard filing fee schedule can be found at Civil Fee Schedule.

Filings submitted without all required filing fees or a Request to Waive Court Fees will be rejected for correction.

 

Can I eFile a fee waiver application?

Yes. A Request to Waive Court Fees and Order on Court Fee Waiver may be eFiled with other documents. Once submitted, the documents will be processed together. You will be notified if the Request to Waive Court Fees is granted or denied.

If you have a fee waiver or are submitting a Request to Waive Court Fees, your EFSP may still charge you fees. Contact your EFSP for questions about waived vendor fees.

 

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

The court returns accepted and filed documents to the filing parties through their EFSP. Filers may also obtain copies through the Court Access Portal (CAP) and certified copies through normal business processes.

 

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 create a notice that will include case assignment information. This notice will be sent to the filer.

 

Can I cancel a transaction after submission?

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

 

Are general civil motions automatically scheduled for hearing by the eFile system?

No. You must reserve your motion hearing date and time before eFiling. A motion eFiled without a motion hearing date and time will be rejected. (This requirement does not apply to Unlawful Detainer (LLT) cases.)

 

Can I pay jury fees via eFiling?

Yes. The initial fee for the jury demand may be paid via eFiling by selecting the Filing Code “Notice of Advanced Jury Fees Posted – Filed $150.00” during the eFiling process. Daily jury fees must be paid through Jury Administration after the judicial assistant assesses the fees and creates an invoice.

 

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.

 

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 assigned location where your case will be heard.

 

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 filing code.

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

 

Is there a limit on the file size for uploaded 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. Where submissions need to be scanned in color, color scanning resolution should be set at 300 dpi to ensure effective upload 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.

 

What are the requirements for signatures on documents?

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 the eFiler and another party (i.e. a stipulation). Please see Code of Civil Procedure section 1010.6(e)(2) and California Rules of Court, rule 2.257 for information on signature requirements.

 

How do I submit a proposed order or proposed judgment?

Proposed orders and proposed judgments should be electronically filed as a separate document. The Proof of Service should not be attached to the proposed order/judgment; instead, the proof of service should be submitted electronically as a separate document. At this time, the court only requires the eFiler to electronically file a proposed order/judgment in a PDF format; an editable word-processing version pursuant to California Rules of Court, rule 3.1312(c)(2), is not required.

If a proposed order is submitted after a hearing, include a “Message to Clerk” with information about the previous hearing date.

When eFiling a proposed order, the Filing Code reads, “Proposed Order Received (Confidential)” and when eFiling a proposed judgment, the Filing Code reads, “Proposed Judgment Received (Confidential).” The Filing Codes are confidential because the order/judgment will not appear on the court’s case management system as filed unless it is signed by the Judge.

If an order or judgment is to be filed under seal, do not eFile; documents to be filed under seal or provisionally under seal are ineligible for eFiling.

Finally for proposed orders, Local Rule 591 provides, “Unless otherwise provided by the Court, statute or Rule of Court, a minute order granting, denying, sustaining, overruling, or ordering off calendar, will be all that is required and no signed order is necessary.”

 

How will I know when my proposed order or proposed judgment is signed?

At this time, eFiled proposed orders and proposed judgments will be processed the same as manually submitted proposed orders/judgments. It will not be returned electronically to the EFSP. If signed and filed, entry of the order/judgment will appear on the Court Access Portal (CAP)

 

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, file path, 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.

 

Can I eFile a confidential document?

The filer may not establish a document’s security level. In other words, a document submitted as “confidential” by the filer will only become confidential pursuant to legal authority or if that determination is made by the court. For example, a limited civil Unlawful Detainer Complaint will automatically be filed as a confidential document pursuant to Code of Civil Procedure section 1161.2.

Documents assigned to filing codes in which the document security is designated as confidential will not be made available to the public. For that reason, the eFiler must use the Filing Code that has the appropriate document security level for an eFiled document. Choosing the incorrect Filing Code for an eFiled document may result in it being made available to the public.

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

 

What if I cannot find the Filing Code 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 Filing Code, you must use one that most closely describes your filing. You may also use a generic Filing Code and include an explanation for the selection in a “Message to the Clerk”.

Beware that if a document should have a “confidential” security level, using an incorrect or a generic Filing Code may result in the document being available to the public. Using an incorrect Filing Code may also result in the document being rejected.

 

How do I eFile a motion or application to file a document conditionally under seal?

A motion or application to file a document conditionally 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 to be filed under seal must be submitted directly to the clerk’s office, with a conformed copy of the electronically filed motion or application attached.

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

 

What case category do I select to file an Unlawful Detainer action?

If filing a limited unlawful detainer action, choose the appropriate Court Location, i.e., San Bernardino – Small Claims/Landlord Tenant – Fontana, Barstow, or Joshua Tree. Use Case Category, “Civil – Landlord Tenant,” and for Case Type, select the appropriate case type designation for the type of unlawful detainer.

If filing an unlimited unlawful detainer action, select the Court Location, “San Bernardino – Unlimited – San Bernardino.” Use Case Category, “San Bernardino – Unlimited – San Bernardino,” and for Case Type, select the appropriate case type designation for the type of unlawful detainer.

 

How do I submit a subsequent filing in an Unlawful Detainer action if I cannot see the parties’ names?

Due to the confidentially of unlawful detainers for the first 60 days, the plaintiff’s and defendant’s names are hidden. To file a subsequent filing you will have to select either plaintiff or defendant, and the clerk’s office will modify the filing party as needed.

 

What case category do I use to initiate a Petition to Compromise Claims of a Minor or Person with Disability?

To initiate a new, separately filed petition to compromise a claim of a minor or disabled person, select the Case Location, “San Bernardino – Unlimited – San Bernardino,” and the Case Category and Case Type will both be “Petition for Disputed Claim of Minor.”

However, a petition to compromise a claim of a minor or disabled person being filed into an existing civil case is ineligible for eFiling.

 

How do I eFile a Labor Commissioner Appeal if a bond or undertaking is being used to comply with Labor Code section 98.2(b)?

If the party initiating the action has obtained a bond or undertaking to comply with Labor Code section 98.2(b), the bond or undertaking documentation must be eFiled with the initiated case. Thereafter, under California Rules of Court, rule 2.252(e), the original bond or undertaking must be delivered to the Court within 10 court days.

If the initiating party will deposit cash or a check instead, the appeal is ineligible for eFiling and a different method for filing must be used.

 

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.

 

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 (family law case type) and Gun 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.

 

How do I serve eFiled documents?

You must serve documents on other parties in the case in accordance with applicable statutes, Court Rules, and any Court orders.