Is everyone ready for that time of year? The midway point of 2019, when courts across California propose changes to their local rules. Typically, the mid-year rules cycle isn’t as robust as it is at the beginning of the year and that’s the case this summer.
While it’s likely that the proposed rules as published will become the rules, it’s important to note that some courts may have received comments that might have necessitated changes, so until July 1st the existing rules are the authority.
The following counties had changes that were related to eFiling or eService:
Local Rule 2.1(c) was amended and “or by eFiling…” was added to the methods that can be used for filing. Other amended rules include an amendment to L.R. 2.12(f) requiring parties to disclose the number of pages prior to admitting exhibits into evidence.
Technical changes to local rules regarding location and scheduling, judicial assignments and mandatory settlement and readiness conferences.
Quite a few changes to its eFiling rule, 1.10, most of which have to do with eService and consent thereto. It also calls out specifically that eFiling in either Family Law or Probate is not mandatory.
Rule 10 (Appellate Division) will allow for eDelivery (the court is calling it eFiling). There are many other changes as well, including to Law & Motion (Rule 1), Civil Litigation Delay Reduction (Rule 7) and Child Custody Evaluations (Rule 12).
Rule 352, the court’s eFiling rule, was amended to read
“…represented parties…must file documents electronically and allow for service electronically…”
Additional verbiage requiring an email address on the first page of the document (i.e. caption page) per CRC 2.111(1) was also added to the rule. That new language also specifies that the email address “will be deemed to be the proper email address for service…”
Also in Orange County, the court has changed the electronic filing ribbon that is placed at the top of the first page of the filing document.
Quite a few changes to L.R. 2.11, the court’s eFiling rule.
- Self-represented litigants must be served conventionally unless they affirmatively consent to eService, which somewhat mirrors state rule 2.251(c)(3)(B).
- An eService exemption process for represented parties was added.
- A requirement to provide and keep current the filers eService address was added to sub-section G, some related language was removed from sub-section H (E-Filing of Pleadings and Other Documents), and it (sub-section H) was cleaned up further with some verbiage that speaks to filing related documents in a single transaction and removes references to linking of documents.
Local Rule 2.1.5 was amended to read that eFiling in Civil cases was voluntary.
Rule 4.81.20(c) (Death of Conservatee) was also amended but that amendment has nothing to do with eFiling nor eService.
Changes to many rules are being made, including new requirements for stipulations in rules 2(B), 3(B)(2), 4(A), 5(A) and 6(C)(1). Essentially some housekeeping to bring these rules up to eFiling snuff so to speak.
Okay, these changes are related to eDelivery, not eFiling but I’m noting them in this section regardless.
Two (2) items have been added to those that cannot be submitted via the eDelivery portal per Local Rule 4.05: ex-parte applications and “documents related to restraining order matters.” Rule 10.02(D)(3), Conservatorship, Court investigator, was also amended.
The following counties had changes but none related to eFiling nor eService:
Changes to Local Rule 5.00 (Pre-trial settlement conferences) and 11.16 (fax filing); 6.20.4 (Transcription services) was added.
There are proposed rules effective 7-1 on the site but I can’t tell what’s changed. I do know, though, that they do not contain anything eFiling or eService related.
Minor changes to several rules and a revisions to eight (8) forms, four (4) of which are mandatory.
Some changes, all related to criminal proceedings.
Amendments, mostly technical in nature, were made to Chapter 3 (Presiding Judge, Depts. and Divisions) and 2.7 (telephonic hearings). Rule 2.4.8 was deleted, Rule 4.2.6 (Remote Video Proceedings) was added, as was Rule 4.1.14 (Criminal – change of plea). All forms were re-numbered, and a few were added, too.
Probate rules 5.1 thru 5.13 were replaced with proposed rules 5.1 thru 5.4. Other changes too, with a lot of re-numbering of existing rules due to the Probate rules amendments.
Mostly technical changes and some renumbering. Rule 1(M), Court Reporter Availability, had Family Law added to it. A new sub-section, K (Probate Examiner’s Notes), was added to Rule 100.
Myriad changes, see the Quick Reference Guide on page 6.
Changes coming to L.R. 1205 – Interpreters and Translators; Rule 7123 (Inventory and Appraisal) is being repealed; Rule 7215 (Affidavits for Real Property of Small Value) is being amended. Also a couple of new Family Law forms.
Amendments made to L.R. 520 (Motion Date). Added “motions filed in a summary proceeding under C.C.P. 1159 et. seq. to the “filed within five days exception” and added the word “court” so that the last sentence of the rule now reads “…moving papers shall be filed within five court days of reserving a hearing date.”
There are some amendments to Probate local rules: Rules 1701 through 1714 are repealed. 1721(a) and (b) were added (related to filing location and appearance requirements). Lots of renumbering/re-lettering too.
The court moved to fast (that’s my story and I’m sticking with it) and removed the proposed changes before I could review them! Its local rules page reads that they will be posted on July 1st.
Changes to Rule 2.4 (was Peremptory Challenge and will be Mental Health Diversion) and Rule 17 (sub-section 17.4, Lodging of Documents Other than Trial Exhibits, was added).
While this court is going live with eFiling on July 1, 2019 it has not amended or added any local rules related to eFiling or eService. There are minor amendments to other rules, however, including 4.2 (Case Management Conferences), 4.4 (Order to Show Cause), 4.9 (Pretrial Matters and Commencement of Trial) and quite a few more. Lots of technical changes (capitalization of some text, renumbering/lettering, etc.) as well.
You’ll see some new colored paper options for exhibit tabs, some changes to how the court assigns Probate case numbers and a few other items as well.
Happy July everyone!