Ventura — 25.03 - February 26, 2025 - Mandatory Electronic Filing for Limited and Unlimited Civil and Probate; Permissive Electronic Filing for Small Claims

Source: https://ventura.courts.ca.gov/system/files/2503-february-26-2025-mandatory-electronic-filing-limited-and-unlimited-civil-and-probate.pdf

VENTURA SUPERIOR COURT 'FILED FEB 26 2025 1 BRENDA L. McCORMICK 2 pg~~ Clerk By:'jlU,.w~~. Deputy 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA

4 FOR THE COUNTY OF VENTURA

5 MANDATORY ELECTRONIC FILING FOR ADMINISTRATIVE ORDER 6 LIMITED AND UNLIMITED CIVIL AND NO. 25.03 7 PROBATE; PERMISSIVE ELECTRONIC FILING FOR SMALL CLAIMS 8

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13 Beginning May 5, 2025, the Ventura Superior Court will implement mandatory

14 electronic filing ("eFiling") of documents filed by attorneys in Limited and Unlimited Civil and

15 Probate case types. Self-represented litigants may file electronically in those case types, but

16 they are not required to do so; instead, they may file in person at the Clerk's Office, through

1 7 the U.S. mail, or via the Court's dropboxes. eFiling is encouraged for Small Claims filings,

18 but is not required.

19 This Administrative Order - intended to address certain eFiling issues until such time

2 o that the Court can adopt local rules concerning the same - supersedes and replaces

21 Administrative Order 24.04 in its entirety.

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23 1) DEFINITIONS

24 a) "BookmarJt - A bookmark is a PDF document navigational tool that allows the 25 reader to quickly locate and navigate to a designated point of interest within a 26 document.

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MANDATORY eFILING FOR CIVIL, PROBATE; PERMISIVE eFILING FOR SMALL CLAIMS Administrative Order 25.03

1 b) "Electronic Envelope" - A transaction through the Electronic Filing Service

2 Provider (EFSP) for submission of documents to the Court for processing. An

3 envelope may contain one or more PDF documents.

4 c) "Electronic Filing" - Electronic Filing (eFiling) is the electronic transmission to the

5 Court of a document in electronic form. (See Cal. Rules of Court, rule

6 2.250(b)(7).).

7 d) "Electronic Filing Service Provider'' - An Electronic Filing Service Provider (EFSP)

8 is a person or entity that receives an electronic filing from a party or other person

9 for retransmission to the Court. (See Cal. Rules of Court, rule 2.250(b)(8).) For

10 the submission of filings, the EFSP does so on behalf of the electronic filer and

11 not as an agent of the Court. (Ibid.)

12 e) "Electronic Signature" - For purposes of this order and in conformity with Code of 13 Civil Procedure §17(b)(3), §34, and §1010.6(b)(2), Government Code §68150(9), 14 and California Rules of Court, rule 2.257, the term "Electronic Signature" is

15 generally defined as an electronic sound, symbol, or process attached to or

16 logically associated with an electronic record and executed or adopted by a

17 person with the intent to sign the electronic record.

18 f) "Hyper/inf<' - An electronic link providing direct access from one distinctively 19 marked place in a hypertext or hypermedia document to another in the same or 20 different document. 21 g) "Lead Documenf' - The lead document is the most important document in the 22 electronic envelope, as it affects the priority and timing for processing by the Court 23 and ensures that the document is directed to the appropriate workflow. The lead

24 document can be a case-initiating document (e.g., complaint or petition), a moving

25 document (e.g., motion), or a responsive document (e.g., answer or response). 26 Only one lead document can be submitted in each electronic envelope. 27

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MANDATORY eFILING FOR CIVIL, PROBATE; PERMISIVE eFILING FOR SMALL CLAIMS Administrative Order 25.03

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1 2) GENERAL INFORMATION

2 a) Undue Hardship

3 Pursuant to Code of Civil Procedure §1010.6(g)(3), and California Rules of

4 Court, rule 2.253(b)(4), any party may make application to the Court requesting

5 to be excused from filing documents electronically and be permitted to file

6 documents by conventional means (in person, via U.S. Mail or in the Court's

7 dropboxes) if the party shows undue hardship or significant prejudice.

8 b) Approved Electronic Filing Service Providers

9 The list of approved electronic filing service providers is available on the Court's 10 website at www.ventura.courts.ca.gov/eFiling .html.

11 3) INELIGIBLE FILINGS 12 a) The following documents shall not be filed electronically: 13 i. Trial or Evidentiary Hearing related documents, including exhibits, unless

14 otherwise ordered by the assigned judicial officer

15 ii. Mandatory Settlement Conference Statements/Briefs

16 iii. Bonds/Undertakings 17 iv. Subpoenaed documents 18 v. Administrative records 19 vi. Subpoenas for Out of State Actions

20 vii. Bench Warrants/Returns 21 viii. Civil Harassment Restraining Order (i.e., Workplace Violence, Elder 22 Abuse, etc.). Restraining order filings can be submitted by email to: 23 EmerqencyRestrai ningOrdersFam ilyandCivi l@ventura.courts.ca .gov 24 ix. Documents attached to a Notice of Lodging are to be submitted in paper 25 form. The actual document entitled, "Notice of Lodging," may be filed 26 electronically. 27

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1 X. Documents submitted conditionally under seal. The actual motion must

2 bee-Filed. However, the documents the party seeks to file under seal

3 may be submitted by conventional means with a conformed copy of the

4 e-Filed motion attached.

5 xi. Will, Codicil or Testamentary Trust (including Estate Planning

6 Documents Deposited)

7 xii. Writ Returns

8 xiii. Affidavit Re: Real Property of Small Value

9 xiv Menacing Dog: Notice of Appeal -Administrative Hearing

10 xv. Notice of lmpoundment of Vehicle and Notice of Hearing - lmpoundment

11 of Vehicle 12 xvi. Out of State or Out of County Abstracts of Commissions submitted with 13 an Application and Order for Appearance and Examination

14 xvii. Notice of Appeal of Labor Commissioner Award

15 xviii. Notice of Appeal - Civil Citation

16 xix. Safe at Home-Name Change, including Judicial Council Form NC-410 17 ("Application to File Documents Under Seal in Name Change Proceeding 18 under Adress Confidentiality Program (Safe at Home)) and Judicial 19 Council Form NC-400 (Confidential Cover Sheet - Name Change 20 Proceeding Under Address Confidentiality Program (Safe at Home)). 21 xx. Request to Pay Judgment to Court (Small Claims) 22 xxi. Media Request to Photograph, Record, or Broadcast 23 xxii. Any order with an original judicial officer's signature 24 4) ELECTRONIC FILING SYSTEM WORKING PROCEDURES 25 Electronic filing service providers (EFSPs) must obtain and manage registration 26 information for persons and entities electronically filing with the Court. 27

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MANDATORY eFILING FOR CIVIL, PROBATE; PERMISIVE eFILING FOR SMALL CLAIMS Administrative Order 25.03

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1 5) TECHNICAL REQUIREMENTS

2 a) Electronic documents must be eFiled in PDF, in text searchable format.

3 b) Any table of contents within any document must be bookmarked.

4 c) Documents attached to electronically filed documents shall be bookmarked

5 pursuant to California Rules of Court, rule 3.111 0(f)(4). Attachments that must be

6 bookmarked include, but are not limited to, the following:

7 i. Points and authorities;

8 ii. Declarations;

9 iii. Depositions;

10 iv. Exhibits (including exhibits to declarations);

11 V. Transcripts (including excerpts within transcripts); and 12 vi. Proofs of service.

13 d) Electronic bookmarks must include links to the first page of each bookmarked

14 attachment and bookmark titles that identify the bookmarked item.

15 e) Use of hyperlinks within documents (including attachments and exhibits) is 16 strongly encouraged.

17 f) Multiple Documents 18 Each document filed concurrently with another document must be electronically 19 filed as a separate digital PDF document. However, multiple separate PDF

20 documents relating to one case can be uploaded in one envelope transaction. 21 g) Lead Documents 22 Lead documents must be submitted in a separate electronic envelope. 23 h) Writs and Abstracts

24 Writs and abstracts must be submitted in a separate electronic envelope. 25 i) Sealed Documents 26 If a judicial officer orders documents to be filed under seal, those documents must 27 be filed on paper. Document submitted conditionally under seal must also be on 28

MANDATORY eFILING FOR CIVIL, PROBATE; PERMISIVE eFILING FOR SMALL CLAIMS Administrative Order 25.03

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1 paper. All documents to be filed/conditionally filed under seal must conform to

2 California Rules of Court, rule 2.551.

3 j) Redaction

4 Pursuant to California Rules of Court, rule 1.201, it is the submitting party's

5 responsibility to redact confidential information (e.g., by using initials for names of

6 minors, using only the last four digits of a social security number, or using only

7 the year for date of birth) so that the confidential information shall not be publicly

8 displayed.

9 6) ELECTRONIC FILING SCHEDULE

10 a) Trial Court Records

11 Pursuant to Government Code §68150, trial court records may be created, 12 maintained, and preserved in electronic format. Any document that the Court

13 receives electronically must be clerically processed and must satisfy all legal

14 filing requirements to be filed as an official court record (Cal. Rules of Court, rules

15 2.100, et seq., 2.253(b)(6) & 2.256(b)).

16 b) Filed Date

17 i. Any document received electronically by the court between 12:00 a.m.

18 and 11 :59:59 p.m . shall be deemed to have been effectively filed on that 19 court day if accepted for filing. Any document received electronically on 20 a non-court day is deemed to have been effectively filed on the next court 21 day if accepted for filing. (Cal. Rules of Court, rule 2.253(b)(6); Code Civ. 22 Proc. §1010.6(a)(4).) 23 ii. Notwithstanding any other provision of this order, if a digital document is 24 not filed in due course because of: (1) an interruption in service; (2) a 25 transmission error that is not the fault of the transmitter; or (3) a 26 processing failure that occurs after receipt, the Court may order, either 27 on its own motion or by noticed motion, that the document be deemed 28

MANDATORY eFILING FOR CIVIL, PROBATE; PERMISIVE eFILING FOR SMALL CLAIMS Administrative Order 25.03

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1 filed and/or that the document's filing date conform to the attempted

2 transmission date.

3 c) Ex parte applications and all documents in support thereof must be electronically

4 filed no later than 12 p.m. the court day before the ex parte hearing. Opposition

5 papers thereto must be electronically filed by 8:00 a.m. the day of the ex part~

6 hearing.

7 7) PROPOSED ORDERS

8 a) Proposed orders may be submitted electronically. The proof of service of the

9 proposed order shall not be attached to the proposed order. Instead, the proof of

10 service shall be submitted electronically as a separate document.

11 8) WAIVER OF FEES AND COSTS FOR ELECTRONICALLY FILED DOCUMENTS 12 a) Fees and costs associated with electronic filing must be waived for any litigant

13 who has received a fee waiver. (Cal. Rules of Court, rule, 2.258(b), Code Civ. 14 Proc. §1010.6(e)(6).)

15 b) Fee waiver applications for waiver of court fees and costs pursuant to Code of

16 Civil Procedure §1010.6(e)(6), and California Rules of Court, rule 2.252(f), may

17 be electronically filed in any authorized action or proceeding. 18 9) SIGNATURES ON ELECTRONIC FILING 19 For purposes of this Administrative Order, all electronic filings must follow California 20 Rules of Court, rule 2.257. 21 THIS ADMINISTRATIVE ORDER IS IN EFFECT UNTIL OTHERWISE ORDERED BY 22 THE PRESIDING JUDGE. 23 IT IS SO ORDERED. 24 25 DATED: February 1di_, 2025 Matthew P. Guasco 26 Presiding Judge 27 Superior Court of California, County of Ventura 28

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