eFiling Frequently Asked Questions for Civil and Probate/Mental Health Case Types
Is there an exception to mandatory eFiling if it creates an undue hardship or significant prejudice to any party?
What filing date will my document receive if I submit while the court is closed?
What if my hearing or document is due within 24 hours?
How do I schedule my motion?
What are the signature requirements for eFiling?
Are litigants required to use the court’s electronic filing service provider?
Is there a fee to eFile?
Is the court mandating electronic service of documents on other parties?
Is a courtesy copy of my document required in addition to my eFiled document?
How do I select the proper filing name for my document? Why is selecting the right name so important?
Can I submit my Petition for Change of Name or Gender electronically?
Can I submit my Writ of Execution or Possession or Abstract of Judgment electronically?
What types of documents can be uploaded?
How do I file my documents under seal or as confidential?
Can I eFile documents if my case is ordered sealed by the Court?
How do I lodge documents using eFiling?
Can ex parte applications be eFiled?
What are the benefits of uploading converted documents?
How should I upload my documents?
Is there a limit to the size (megabytes) of my document?
Can I submit fillable forms via eFiling?
Are tabs required for my eFiled law & motion documents?
Do all documents submitted require a face page?
If my case is consolidated/coordinated how should I file them?
What do I do if my document contains confidential identifiers?
Can bonds be eFiled?
Do beneficiaries have to be added as parties to the case if they are not listed in the caption of the petition but are named in the body of the document?
What if the document is not accepted for eFiling?
What documents cannot be eFiled?
What is the Submitter's Comment Box used for?
Is there any other information available about eFiling?
Is there an exception to mandatory eFiling if it creates an undue hardship or significant prejudice to any party?
In accordance with rule 2.253 of the California Rules of Court, a party may submit an application for exemption from eFiling. Click here for an optional form to use. Additionally, a party with a court fee waiver may be exempt from mandatory eFiling.
What filing date will my document receive if I submit while the court is closed?
Electronically filed documents subject to the mandatory electronic filing requirements in civil limited, unlimited, and complex actions can be filed until midnight on the day that the filing is due, and will be considered timely pursuant to Code of Civil Procedure section 1010.6 subdivision (d)(1)(D). The document is “filed” at the date and time it is received by the court and the confirmation of receipt is created. See Cal. Rules of Court, Rule 2.259(a) (1). Any electronically filed document received by the Court on or after midnight will be file stamped on the next court day.
What if my hearing or document is due within 24 hours?
If your hearing is within 24 hours or was ordered by the court to be filed today, please call the court at 657-622-5300, so that we can expedite the processing of your documents.
How do I schedule my motion?
The court has implemented an online motion reservation system called Reserve a Motion Date (RMD) for unlimited cases. You can access this new feature by visiting the courts website at occourts.org and clicking on “Online Services”. RMD was created to increase access and service to the public and also reduces a possible delay in processing motions due to unavailable hearing dates.
What are the signature requirements for eFiling?
California Rules of Court, rule 2.257 outlines requirements for signatures on documents submitted electronically to the court. While digital signatures are not required, if you choose to utilize them for your filing, please contact your electronic filing service provider for reference materials on how to set up digital signatures in Word or WordPerfect.
Are litigants required to use the court’s electronic filing service provider?
Yes. For Civil and Probate/Mental Health, all eFiled documents must be filed using a court approved electronic filing service provider. For a listing of approved electronic filing service providers, go to the Civil eFiling or Probate eFiling section of this website.
Is there a fee to eFile?
Each electronic service provider (EFSP) charges a fee for eFiling. For more information on these fees please contact the EFSP directly.
Is the court mandating electronic service of documents on other parties?
Not at this time. Please note, however, that California Rules of Court, rule 2.251 states that a party by electronically filing any document with the court thereby agrees to accept electronic service.
Is a courtesy copy of my document required in addition to my eFiled document?
To determine if courtesy copies are required, please check with the courtroom that your case is assigned to for their policy. If the courtesy copies are required please submit them directly to the courtroom.
How do I select the proper filing name for my document? Why is selecting the right name so important?
The electronic filing service providers’ interfaces should provide a listing of all available court filings.
When selecting a filing it is recommended that you select the one that is the closest match to your filing’s name. For example, if you are submitting an “Opposition to a Motion for Summary Judgment”, we would recommend you select “Opposition”.
Failure to correctly select the proper filing name can result in a delay in the processing of your filing.
Can I submit my Petition for Change of Name or Gender electronically?
Yes, both Petition for Change of Name and Petition for Change of Gender (with the exception of “Safe at Home”) can be submitted electronically.
Please note, beginning July 1st, 2013 Petitions for Change of Name or Gender (with the exception of “Safe at Home”) must be submitted electronically.
Can I submit my Writ of Execution or Possession or Abstract of Judgment electronically?
Yes, both writs and abstracts must be submitted electronically. Abstracts and Orange County writs will be returned to you through your vendor. Please note abstracts and Orange County writs should be printed in color prior to submitting to the respective agencies.
Writs submitted for counties other than Orange will be returned via mail to the attorney of record or self-represented litigant.
What types of documents can be uploaded?
Documents can be uploaded for eFiling as a PDF file or in a word processing format (e.g., Word, WordPerfect, and several others; for a complete listing please contact your Electronic Filing Service Provider) that will be converted to a PDF file. If you choose to scan documents, we recommend scanning at a resolution of 300 dpi; this will allow you to maximize the number of pages per megabyte while maintaining readability.
How do I file my documents under seal or as confidential?
If your document is filed under seal or is confidential pursuant to statute, no special action is needed. However, if your document is to be sealed pursuant to a court order, please note this in the Submitter's Comment Box and place "Filed under seal pursuant to court order dated MM/DD/YY" under the title of each document on the first page.
Can I eFile documents if my case is ordered sealed by the court?
If a case is ordered sealed by the court it is not eligible for eFiling. Because it is sealed, your Electronic Filing Service Provider will not have any information regarding your case. Please submit your documents at the appropriate courthouse if they are for a case that has been sealed by the court.
This does not apply to Unlawful Detainer cases, which can be eFiled.
How do I lodge documents using eFiling?
The Notice of Lodging should be filed electronically by itself (e.g., without lodged filings attached). The lodged documents should be submitted directly to the courtroom.
Can ex parte applications be eFiled?
Yes, they are required to be submitted via eFiling.
What are the benefits of uploading converted documents?
Converted (rather than scanned) documents rarely exceed 5.0 MB since you can usually get hundreds of pages into a 5.0 MB file. Scanned documents can be problematic since scanning creates a MUCH larger file size for the same number of pages compared to converted documents. There is no way to tell exactly how many pages you can get into a file under 5.0 MB when scanning but here are some examples:
100 pages converted to PDF may be only 1.5 MB
100 pages scanned to PDF at high resolution may be up to 18.0 MB
100 pages scanned to low resolution may be only 3.0 MB
How should I upload my documents?
Each document that is submitted for filing with the court or issuance by the court should be uploaded as a separate document. For example, if your document contains a first page, which conforms to rule 2.111 of California Rules of Court, or is a judicial council form or local form, which is being presented to the court for filing or issuance it should be uploaded as a separate document.
Is there a limit to the size (megabytes) of my document?
The majority of filings can be submitted with ease through the electronic filing service provider. Individual documents as large as 35 megabytes and a transaction up to 60 megabytes can be accepted. If you believe your document or transaction may exceed these limits, please contact the electronic filing service provider for assistance in optimizing your files and/or utilizing their File Transfer Protocol (FTP) for extremely large documents.
Can I submit fillable forms via eFiling?
The Judicial Council of California provides numerous fillable forms that can be used for filings. When utilizing these forms be sure that fields are inactive (e.g., no longer fillable) prior to submitting for eFiling. For assistance with inactivating these fields please contact your electronic filing service provider.
Are tabs required for my eFiled law & motion documents?
All electronically filed law and motion documents must have exhibits tabbed. Tabbing electronically is called bookmarking. For help with how to electronically bookmark documents, please contact your electronic filing service provider.
Do all documents submitted require a face page?
When submitting documents for eFiling, the first page of each document must comply with California Rules of Court, rule 2.111. Please note documents should not need to be divided due to their size, if you have a question about submitting a large filing please contact your electronic filing service provider for assistance.
If my case is consolidated/coordinated how should I file them?
If your case has been consolidated, the eFiling must be submitted under the lead case number. If your case has been coordinated the eFiling must be submitted under the Judicial Council Coordinated Proceedings (JCCP) case number.
What do I do if my document contains confidential identifiers?
It is the responsibility of the party or their attorney to exclude or redact confidential identifiers identified in rule 1.20 (b2) of the California Rules of Court. The court clerk will not review each pleading or other paper for compliance.
Can bonds be eFiled?
Yes, if in compliance with Section 1010.6 of the Code of Civil Procedure bonds may be submitted via eFiling.
Do beneficiaries have to be added as parties to the case if they are not listed in the caption of the petition but are named in the body of the document?
No change with eFiling. Beneficiaries are initially named in the body of the document and are added as active parties only when they, or their attorneys, file documents making them active parties.
What if the document is not accepted for eFiling?
The filer will receive a response back indicating the filing was rejected and providing reason(s).
What documents cannot be eFiled?
- For Civil cases:
- Bench Warrants
- Subpoenaed documents
- Lodged documents are to be submitted in the courtroom; however the Notice of Lodging is a mandatory eFile.
- Labor Commissioner deposit of cash or check must be submitted over the counter; however the Notice of Appeal of Labor Commissioner is a mandatory eFile. Additionally, a Bond payment can be eFiled.
- For Probate/Mental Health Cases:
- Affidavit re Real Property of Small Value
- Motion to Seal
- Financial Documents submitted by Private Professional Conservator
- Letters (probate, guardianship, conservatorship)
- Will/Codicils – originals for filing or safekeeping
What is the Submitter's Comment Box used for?
The Submitter's Comment Box is a great tool that can be used to communicate to the clerk who will be processing this document. In this box you can include the items that you or your attorney service would normally communicate to the clerk at the counter, such as alternate hearing dates if the one you selected for your motion is unavailable or special handling instructions for your lodged or filed under seal documents.
Is there any other information available about eFiling?
eFiling statutes and rules can be found at Section 1010.6 of the Code of Civil Procedure, California Rules of Court, rule 2.250-2.261, and Superior Court of Orange Local Rule 352.
