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Washington Electronic Filing

 

Washington State Court Rules

GR 30
                             ELECTRONIC FILING

(a)  Definitions

     (1) “Digital signature” is defined in RCW 19.34.020.

     (2) “Electronic Filing” is the electronic transmission of information to a
         court or clerk for case processing.

     (3) “Electronic Document” is an electronic version of information
         traditionally filed in paper form, except for documents filed by facsimile
         which are addressed in GR 17.  An electronic document has the same legal
         effect as a paper document.

     (4) “Electronic Filing Technical Standards” are those standards, not
         inconsistent with this rule, adopted by the Judicial Information System
         committee to implement electronic filing.

     (5) “Filer” is the person whose user ID and password are used to file an
         electronic document.

                                  Comment

        The form of “digital signature” that is acceptable is not limited to
        the procedure defined by chapter 19.34 RCW, but may include
        other equivalently reliable forms of authentication as adopted by
        local court rule or general.

(b)  Electronic filing authorization, exception, service, and technology equipment.

     (1) The clerk may accept for filing an electronic document that complies
         with the Court Rules and the Electronic Filing Technical Standards.

     (2) A document that is required by law to be filed in non-electronic
         media may not be electronically filed.

                                  Comment

          Certain documents are required by law to be filed in non-
          electronic media.  Examples are original wills, certified
          records of proceedings for purposes of appeal, negotiable
          instruments, and documents of foreign governments under
          official seal.

     (3) Electronic Transmission from the Court.  The clerk may electronically
         transmit notices, orders, or other documents to a party who has filed
         electronically, or has agreed to accept electronic documents from the
         court, and has provided the clerk the address of the party’s electronic
         mailbox.  It is the responsibility of the filing or agreeing party to
         maintain an electronic mailbox sufficient to receive electronic
         transmissions of notices, orders, and other documents.

     (4) Electronic Service by Parties.  Parties may electronically serve
         documents on other parties of record only by agreement.

     (5) A court may adopt a local rule that mandates electronic filing by
         attorneys provided that the attorneys are not additionally required to file
         paper copies except for those documents set forth in (b)(2). The local rule
         shall not be inconsistent with this Rule and the Electronic Filing
         Technical Standards, and the local rule shall permit paper filing upon a
         showing of good cause. Electronic filing should not serve as a barrier to access.

                                  Comment

          When adopting electronic filing requirements, courts should
          refrain from requiring counsel to provide duplicate paper
          pleadings as “working copies” for judicial officers.

(c) Time of Filing, Confirmation, and Rejection.

     (1) An electronic document is filed when it is received by the clerk’s
         designated computer during the clerk’s business hours; otherwise the
         document is considered filed at the beginning of the next business day.

     (2) The clerk shall issue confirmation to the filing party that an
         electronic document has been received.

     (3) The clerk may reject a document that fails to comply with applicable
         electronic filing requirements.  The clerk must notify the filing party of
         the rejection and the reason therefor.

(d) Authentication of Electronic Documents.

     (1) Procedures

       (A)  A person filing an electronic document must have applied for and
            received a user ID and password from the applicable electronic filing
            service provider.

                                         Comment

            The committee encourages local clerks and courts to develop
            a protocol for uniform statewide single user ID’s and passwords.

       (B)  All electronic documents must be filed by using the user ID and
            password of the filer.

       (C)  A filer is responsible for all documents filed with his or her user
            ID and password.  No one shall use the filer’s user ID and password without
            the authorization of the filer.

     (2) Signatures

       (A)  Attorney Signatures – An electronic document which requires an
            attorney’s signature may be signed with a digital signature or signed in
            the following manner:

               s/John Attorney
               State Bar Number 12345
               ABC Law Firm
               123 South Fifth Avenue
               Seattle, WA 98104
               Telephone: (206) 123-4567
               Fax: (206) 123-4567
               E-mail: John.Attorney@lawfirm.com

       (B)  Non-attorney signatures – An electronic document which requires a non-
            attorney’s signature and is not signed under penalty of perjury may be
            signed with a digital signature or signed in the following manner:

               s/John Citizen
               123 South Fifth Avenue
               Seattle, WA 98104
               Telephone: (206) 123-4567
               Fax: (206) 123-4567
               E-mail: John.Citizen@email.com

       (C)  Non-attorney signatures on documents signed under penalty of perjury
            – Except as set forth in (d)(2)(D) of this rule, if the original document
            requires the signature of a non-attorney signed under penalty of perjury,
            the filer must either:

             (i)  Scan and electronically file the entire document, including the
                  signature page with the signature, and maintain the original signed paper
                  document for the duration of the case, including any period of appeal, plus
                  sixty (60) days thereafter; or

             (ii) Ensure the electronic document has the digital signature of the signer.

       (D)  Arresting or citing officer signatures on citations and notices of
            infraction filed electronically in courts of limited jurisdiction – A
            citation or notice of infraction initiated by an arresting or citing
            officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ
            2.1 and 2.2 is presumed to have been signed when the arresting or citing
            officer uses his or her user id and password to electronically file the
            citation or notice of infraction.

       (E)  Multiple signatures – If the original document requires multiple
            signatures, the filer shall scan and electronically file the entire
            document, including the signature page with the signatures, unless:

            (i)  The electronic document contains the digital signatures of
                 all signers; or

            (ii) For a document that is not signed under penalty of
                 perjury, the signator has the express authority to sign for an
                 attorney or party and represents having that authority in the document.

            If any of the non-digital signatures are of non-attorneys, the
            filer shall maintain the original signed paper document for the
            duration of the case, including any period of appeal, plus sixty
            (60) days thereafter.

       (F)  Court Facilitated Electronically Captured Signatures – An
            electronic document that requires a signature may be signed using
            electronic signature pad equipment that has been authorized and
            facilitated by the court.  This document may be electronically
            filed as long as the electronic document contains the electronic
            captured signature.

     (3) An electronic document filed in accordance with this rule shall bind
         the signer and function as the signer’s signature for any purpose,
         including CR 11.  An electronic document shall be deemed the equivalent of
         an original signed document if the filer has complied with this rule.  All
         electronic documents signed under penalty of perjury must conform to the
         oath language requirements set forth in RCW 9A.72.085 and GR 13.

(e) Filing fees, electronic filing fees.

     (1) The clerk is not required to accept electronic documents that require
         a fee.  If the clerk does accept electronic documents that require a fee,
         the local courts must develop procedures for fee collection that comply
         with the payment and reconciliation standards established by the
         Administrative Office of the Courts and the Washington State Auditor.

     (2) Anyone entitled to waiver of non-electronic filing fees will not be
         charged electronic filing fees.  The court or clerk shall establish an
         application and waiver process consistent with the application and waiver
         process used with respect to non-electronic filing and filing fees.

[Adopted effective September 1, 2003; December 4, 2007.]
Source: http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr30

 

Washington Court Rules – Chelan County District Court

LR 5
        SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

     (d) Filing.

     (5) Documents Not to be Filed. Photocopies of
reported cases, statutes or texts shall not be filed as
an appendix to a brief or otherwise but shall be
furnished directly to the judge hearing the matter.
Documents or copies thereof produced during discovery
and other items, which should properly be received as
exhibits rather than as a part of the court file shall
not be included in the court file.

     (6) Case Information Cover Sheet. Each new civil
and domestic case filing shall be accompanied by a Case
Information Cover Sheet prepared and submitted by the
party filing said new civil or domestic case. Attached
as Exhibit A to this rule is the form of the Case
Information Cover Sheet.

     (7) Electronic filing of documents. Electronic filing of
documents shall be permitted
provided that the electronic transmission of documents
is done in a manner approved by the Superior Court Clerk.

       (A) Signatures: Use of electronic filing by a party or
    attorney shall constitute compliance CR11’s signature
    requirement. A printed copy of the electronically filed
    document with original signatures shall be maintained by the
    filing party and made available for inspection by other
    parties or the Court upon request. Documents containing
    signatures of third-parties (i.e., unopposed motions,
    affidavits, stipulations, etc.) may also be filed
    electronically by indicating in the original signatures are
    maintained by the filing party in paper-format.

       (B) Time for Filing and Effect of Use of Efiling: Any
    pleading filed electronically shall be considered as filed
    with the Court when transmission is completed (“authorized
    date and time”). Any document Efiled with the Court by 5:00
    PT shall be deemed filed with the Court on that date.

       (C) Form of Documents Electronically Filed: All
    electronically filed pleadings shall be formatted in
    accordance with the applicable rules governing formatting of
    paper pleadings.

       (D) Payment Of Statutory Filing Fees: All statutory filing
    fees shall be collected and paid for electronically filed
    documents according to the then current methods approved by
    the Clerk of the Chelan County Superior Court.


Inside Washington Electronic Filing