September 7, 2017
Supreme Court TrueFiling Now Mandatory for Petitions for Review and Related Filings
The period of voluntary compliance for using TrueFiling to file petitions for review in the California Supreme Court has elapsed. Effective September 1, 2017, TrueFiling must be used to file a petition for review in the California Supreme Court. TrueFiling must also be used for electronically filing most other pleadings submitted prior to the Supreme Court's decision whether to grant or deny review (e.g., answers to petition for review, motions for relief from default for failure to file a timely petition for review, applications for extension of time to file an answer.) Electronic filing of amicus letters in support of a petition for review and requests for depublication remains voluntary. As of now, electronic filing is not available - on a mandatory or voluntary basis - for any documents in cases where review has been granted (e.g., briefs on the merits).
Additionally, the Supreme Court has issued its final rules regarding electronic filing. The final rules contain three significant changes from the provisional rules that were in effect for the past two months. First, counsel must submit only “one unbound copy” of the petition. (Rule 5(a)(1).) This final rule differs from the former requirement of two bound copies. Second, the paper copy must be “mailed, delivered to a common carrier, or delivered to the court” within two court days of the electronic filing. (Rule 5(a)(2).) Thus, contrary to the former rule, counsel need only send the paper copy within two court days rather than ensure its delivery within two days. Third, the Court of Appeal opinion attached to a petition for review need not be re-paginated. (Rule 10(a)(2).) This amendment will be a welcome change for many attorneys from the prior rule that mandated re-pagination, which involved altering the page numbering of the Court of Appeal opinion attached to a petition for review.
Read the Supreme Court’s press release announcing the launch of mandatory eFiling here.
Note: the Supreme Court’s eFiling web page, which includes a FAQ section, has not been updated as of the writing of this email to reflect the above changes.
TrueFiling 3.0 Coming Later this Fall
Sometime during the Fall of 2017 - the exact date remains to be determined - TrueFiling will be launching an upgraded interface for all users in all courts. Imagesoft has provided a helpful summary of important changes to expect: in TrueFiling 3.0.