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third district policies

Updated:9/26/2016

Bulletin Board

  1. Mandatory use of TrueFiling in all cases is now in effect.

  2. To register, go to www.truefiling.com (external link). For more help in how to register, see our guide for this on our Step-by-Step page.

  3. The court has amended Local Rule 5 (external link to PDF) governing e-filing, effective September 26, 2016.

  4. EOT form alert - DO NOT USE OLD FORMS!
    CCAP has posted the current EOT form, located in our motions book. If you use the fillable-format version of this form, be sure that you take additional steps to make it non-modifiable before filing it with the court. See some suggetions on how to correct it in our recent announcement here.

 

Policies for Third District

 

1. Is TrueFiling available in the Third District?

Mandatory e-filing using TrueFiling began on September 14, 2015.

 

2. Is eService available for Third District e-filed documents?

Yes! Both CCAP and the AG's office accept e-service for all court filings. (Note: IF you choose to snail-mail service CCAP instead, this is a reminder to please be certain to use our current address on River Plaza Drive because documents sent to our old address on J Street can take up to 10 days to find us!)

See our eService page for tips and instructions on eService.

 

3. Motions to withdraw from a case should NOT be TrueFiled.

Court and project required steps for moving to withdraw from a case are outlined in our Procedural Comparison Chart under "W" ["Withdrawing from a case"].

Important reminder: You are counsel of record until the court issues an ORDER vacating your appointment and appointing new counsel on the case. This means that you are counsel of record while the motion is pending and are ethically responsible for all aspects of the case until the court grants your motion and appoints new counsel in your stead.

 

4. Amendments to the Third District Court of Appeal's Local Rule 5 (Electronic Filing)

The Third District has amended Local Rule 5 (which addresses electronic filing via TrueFiling), effective September 26, 2016.

Changes to Note:

  • Documents submitted to the Court via TrueFiling should not contain any color: "Notwithstanding provisions to the contrary in the California Rules of Court, electronic documents shall not have color covers, color signatures, or other color components absent leave of court. This requirement does not apply to the auto-color feature of hyperlinks." (Ct. App., Third Dist., Local Rules, rule 5(e)(7), Electronic Filing [italics added].) This amendment, for example, excludes use of color signatures or letterheads, or the use of electronic highlights for emphasis.

  • Amended Local Rule 5 now provides that "Each document shall include an electronic bookmark to each heading, subheading and component of the document (such as a table of contents, table of authorities, petition, verification, points and authorities, declaration, certificate of word count, certificate of interested entities or persons, or a proof of service if included within the document)." (Ct. App., Third Dist., Local Rules, rule 5(a)(3).) "Document" is defined as "[a]ny filing submitted to the court, including but not limited to a brief, a petition, an appendix, or a motion . . . ." (Ct. App., Third Dist., Local Rules, rule 5(e)(5).) Previously, only briefs and original proceedings were required to include electronic bookmarks but the rule now includes all motions (form EOT requests need not be bookmarked).

  • There are also new requirements for large documents consisting of multiple files (such as voluminous exhibits that are submitted in separate files). (See Ct. App., Third Dist., Local Rules, rule 5(d), (e)(3).) Please review the rule prior to filing large documents (e.g., any electronic document that exceeds 25 megabytes).

The full text of the amended rule is available on the Third District Court of Appeal's website here (external link to PDF).

 

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