As permitted by Section 1-506, Filing and Management of Electronic Court Documents, of the Code of Judicial Administration and Rule 124, Rules of the Supreme Court of Arizona, which permits the Presiding Judge of the Superior Court in each county to implement electronic filing, electronic filing shall be permitted as follows in designated divisions, and shall be governed by Administrative Order 2007-140 and this requirements document.

This is a dynamic document and will periodically reflect changes and updates with the electronic filing process as they are approved and directed by the Court. It is recommended that interested parties review this document on a regular basis to remain informed regarding current requirements as of the review date on the title page.

Terms include in this document are defined as follows:

Arbitrators: A person who conducts an arbitration. In most cases the arbitrator is an attorney, either alone or as part of a panel.

Case Management System: The system in use by the Clerk and the Court to docket, calendar, assign and track cases.

Conventionally file: Filing or service of paper documents.

Document Management System: The electronic document storage and imaging system maintained by the Clerk of the Superior Court.

eFile: Electronic transmission of an original document to the Court, and from the Court, for the purposes of filing.

eService: Electronic transmission of a copy of the document to case participants as required by statute and Court rule and as designated by the filing party. eFiling does not include service of process or summons to gain jurisdiction over persons or property.

Electronic Document: An original document filed with the Clerk's Office in electronic format.

Filing: Documents, either electronic or paper, submitted to the Clerk for filing.

Hyperlink: An electronic connection or reference to another place in the document, such that when selected the user is taken to the portion of the document to which the hyperlink refers.

Official Parties: Official parties to a case would include named plaintiffs and defendants, as well as an attorney representing a plaintiff or defendant.

Other Case Participants: A person who participates in a court case who is neither a party in the case nor an attorney representing a party in the case. An example might be a probation officer or an intervenor.

Participant: Any party, including the prosecutor, defense attorney or other entity that has been approved to participate in the prosecution, defense and sentencing in criminal matters electronically filed.

PDF: Portable Document Format - A file format that preserves all fonts, formatting colors and graphics of any source document, regardless of the application platform used.

Pro Per / Pro Se: A person representing him or herself and/or acting as his or her own attorney.

TIFF: Tag Image File Format - a standardized file format used to store imaged documents.

Scanned Document: An electronic image created by scanning a paper document.

Source Document: That document as originally submitted to the Clerk for filing.

Special Master: A person appointed by the court to carry out an order of the court, and / or take positive action rather than just investigating and reporting to the judge.

2.0 General eFiling Guidelines

All pleadings, motions, memoranda of law, orders and other documents electronically filed in a matter currently designated as an eFiling eligible or mandatory case, shall be maintained in electronic format by the Clerk of the Superior Court and will be maintained as the original and official record of the Court. Specific requirements per case type are listed in sections 3.0, 4.0, and 5.0.

2.2 Court Hosted vs Vendor Hosted eFiling Site Use Policy

Attorneys representing parties on cases where eFiling is "mandatory" are strongly encouraged to use the services of a Court certified eFiling provider. Currently the Maricopa County Superior Court recognizes the certified providers listed below:

Wiznet - http://www.wiznet.com

eFiling.com - http://www.e-filing.com

All commercial entities (e.g. process servers) performing business with the court that requires that they eFile documents with the court, are strongly encouraged to use the services of a Court certified eFiling provider.

Pro Per or Pro Se litigants are strongly encouraged to utilize the services of a Court certified eFiling provider.

Pro Per or Pro Se litigants are exempt from any mandatory eFiling requirements. If a document is conventionally filed on a case designated for mandatory eFiling, then the document must indicate "EFILE CASE" just below the case number on the first page.

The Court hosted eFiling system will remain available to all case participants, however as indicated previously, we strongly encourage case participants to use a Court certified eFiling provider. The Court hosted eFiling system is available at the following address:

eFiling Online - https://efiling.clerkofcourt.maricopa.gov

Other case participants who are not official parties to the case, or attorneys representing official parties (i.e. Arbitrators or Special Discovery Masters) are encouraged to use the Court hosted eFiling system to submit their pleadings to the Court.

2.3 Format of eFiled Documents

All electronically filed documents shall be formatted in accordance with the applicable rules governing formatting of paper documents, including Rule 30, Rule 35, Rules of Criminal Procedure; Rule 2.17, Rules of Family Law Procedure; Rule 2.17, Superior Court of Maricopa County Local Rules; and Rule 10(d), Rules of Civil Procedure, and in conformance with such other formats as the Court may require from time to time. As long as those formats do not cause participants to invest significant resources in making changes.The Clerk of Court will not reject documents that do not comply with formats not required in a specific rule of procedure or statute. The provisions of Arizona Supreme Court Rule 124(f), Paragraph Numbering, will not be applied to electronic documents filed pursuant to this requirements document.

(a) File Formats Accepted

A participant may electronically transmit a document in Microsoft Word (.doc), Microsoft Excel (.xls), Rich Text Format (.rtf), WordPerfect (.wpd), Portable Document Format (.pdf) and the standard non-proprietary graphic formats (.gif, .tiff, .tif, .bmp, .jpg). Upon acceptance and filing by the Clerk's Office, all documents electronically filed will be converted to Portable Document Format (.pdf) in compliance with standards set forth in sections 1-504 and 1-506 of the Arizona Code of Judicial Administration. The Court may require a participant to produce the original of a scanned exhibit that has been filed electronically by the participant.

The Court strongly encourages that all "Proposed Forms of Order" be submitted electronically in a Microsoft Word (.doc) file format.

(b) Hyperlinks, Bookmarks, and Other Electronic Navigational Aids

Electronically filed documents may include hyperlinks, bookmarks and other electronic navigational aids for the convenience of the judge assigned to the case. A hyperlink is not itself a part of the filed document. Each hyperlink must contain a text reference to the target of the link. As an example, the electronically filed document may contain a reference like "A.R.S. 13-605" and hyperlink that text to the URL http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00602.htm&Title=13&DocType=ARS. The foregoing notwithstanding, hyperlinks are not part of the official court record and will not be preserved in electronically filed documents submitted and stored on the Clerk's electronic document management system.

2.4 User ID and Electronic Signatures

The Court hosted eFiling system and any certified eFiling provider eFiling system shall register users and provide each with a personally selected user name (ID) and password.

The user name when used in conjunction with the personally selected password shall constitute a signature of the registered participant on documents submitted to the Court or by the Court. In order to ensure the intent of the filing participant, the signature line on an electronically filed document will bear the printed name of the filing participant preceded by the symbol "/s/". Electronic documents may be signed by Judicial Officers via the use of a printed signature preceded by the /s/ symbol or via the use of the Court's eFiling Manager (EFM) application judicial signature stamp. The EFM application judicial signature stamp will be merged with the electronic document and shall be visible when the document is printed and viewed electronically. Documents requiring the signature of the defendant or other identifying indicators, such as thumbprints on sentencing orders, shall be filed with the court in paper format, scanned, and maintained consistent with applicable record retention schedules and archival rules.

2.5 File Transmission, Confirmation, Acceptance, and Rejections

Upon completion of the transmission of a document for filing to the Clerk of Court, the Clerk of Court shall immediately scan the document for viruses. If the document is free from infection, the document shall be deemed received and an acknowledgement of receipt of the document shall be immediately returned to the filing participant. The document shall then be reviewed for compliance with all standard filing practices and, if accepted, shall be deemed filed as of the date and time it was received. If the document is infected, the document will be discarded and a notice sent to the filing participant that the document was infected and has not been filed with the Clerk. The Clerk shall immediately notify the filing participant or any authorized third-party facilitating entity if any document is rejected and the notice shall set forth the grounds for rejection. It shall be the responsibility of the filing party to resubmit any rejected document with appropriate corrections.

Any document electronically filed shall be considered filed with the Clerk as of the date and time it was successfully received by the eFiling system, pending review and acceptance by the Clerk. Once the Clerk completes the electronic filing review process, the filing participant shall receive an acknowledgment receipt indicating the filing's status and, if accepted, the official file date and time of the filing.

Each document accepted for filing by the Clerk of the Court shall be electronically file stamped with the time and date of filing, the names of the Clerk of Court and the deputy clerk accepting the filing, and the words "ELECTRONICALLY FILED." This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronically filed documents are not complete without the electronic file stamp. eFilings file stamped in this manner shall have the same force and effect as documents filed in the conventional manner.

(a) Responsibility for Filing

A participant who files a document electronically shall have the same responsibility as a person filing a document in paper format for ensuring that the document is properly filed, that it is complete and readable, and that a copy has been provided to other parties in the case.

(b) Electronic Service To Other Parties

If electronic service is available through the provided electronic filing system, electronic service shall comply with all applicable state and local court rules. It will remain, however, the responsibility of the filing party to confirm other parties have received a copy of the filing. The electronic service of a pleading or other document through the electronic filing system shall be considered as a valid and effective means of service. Computation of time is determined as set forth in Rules 5(c) and 6(e), Ariz. R. Civ. P., Rule 4, Ariz. R. Civ. App. P., Rules 4(D) and 43(C), Ariz. R. Fam. Law P., and Rule 1.3, Ariz. R. Crim. P.

If the electronic filing system does not provide a means for electronic service, it remains the responsibility of the filing party to serve other parties with the filing as would be done when filing a document conventionally.

(c) Original Documents To Be Maintained By Filing Party

Notwithstanding any other rules of court, a party who files any document electronically with the Clerk shall not submit a courtesy paper copy of the document to the Court unless ordered by the Court to do so due to special circumstances. If the statute requires a pleading or affidavit to be sworn to, then the original signed affidavit or pleading must be maintained by the attorney or self-represented litigant and produced in its original form within five (5) days at the demand of another party or the Court.

Examples of documents that might require retention by the filing party include:

Stipulations: a hard copy can be signed by all parties and an eFiled copy can contain "/s/" signatures. However, the original hard copy should be maintained by the filing party.

Affidavits: an affidavit can be eFiled but the filing attorney should maintain the signed original.

(d) Documents Not Permitted To Be eFiled

Notwithstanding the foregoing, the following types of documents shall be filed conventionally, unless expressly required to be filed electronically by the Court:

• Charging documents, including Direct Complaints, Indictments, and Informations and any accompanying service documents (i.e. Summons, Subpoenas, and Warrants).
• Case initiation documents, including civil complaints or petitions, family court complaints or petitions, or any other document that may initiate a new case with the court, and any accompanying service documents (i.e. Summons or Subpoenas).
• Documents filed under seal (a motion to file documents under seal, however, shall be filed electronically).
• Audio recordings not expressly authorized by the Court in writing for filing electronically.
• Affidavits of service for conventionally served or filed documents.
• Applications and orders for deferral or waiver of court fees and/or costs.

Any plaintiff or petitioner shall file a complaint or petition and serve a summons on each defendant or respondent in the conventional manner. The Clerk shall issue the summons and/or subpoenas in the conventional manner and the original paper summons or subpoena must be returned for filing when applicable.

Exhibits and appendices to pleadings may be filed and served electronically. However, courtroom exhibits are governed by the Court's eExhibit policy (2004-013) and shall be handled in the conventional manner. Courtroom exhibits shall not be filed with the Court through the eFiling system.

(e) Public Access

The Clerk of the Court shall make electronically filed and scanned documents available to case participants, the Court, and the public. The public may access electronically filed and scanned documents of public record through Public Access Terminals located in the Superior Court Clerk's Office. For the purpose of retrieving electronically maintained documents, access by the public shall be to the Clerk's electronic document management system, where official electronic documents are maintained. The Clerk shall make available paper copies of any publicly filed electronic or scanned documents at the same rate charged for copies of paper documents.

Lodging Documents

Documents to be lodged with the Court and proposed orders will be transmitted electronically to the Court and other parties via the provided electronic filing system.

Printing of eFiled Documents

Any electronically filed document must be printable with the same content and format as if printed from its authoring program.

Certified Copies

Certified copies of electronically filed documents may not be obtained electronically. Certified copies will be issued in the conventional manner by the Clerk of the Court.

Payment of Filing Fees

If an eFiling requires a filing fee, the Clerk of the Court, upon accepting an eFiled document, will assess the fee and may contact the filing party by phone for credit card payment, or issue a bill to the filing party by mail. For those filing participants who choose to utilize the services of a qualified eFiling provider, the Court has authorized that provider to collect payment of filing fees.

Interruption In Service

The Court and Clerk shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed documents. Notwithstanding any other provisions of this Administrative Order, if the electronic filing is not filed with the Clerk because of an error in the transmission of the document that was unknown to the sending participant or a failure to process an electronic filing after receipt, the Court may enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.

Court Orders and Judgments

The Court may issue, file and serve notices, orders, and other documents electronically in an eFile case subject to the provisions of this requirements document. Where a Clerk is required to endorse a document, the typed name of the Clerk shall be deemed to be the Clerk's signature on an electronic document.

Only those cases designated for mandatory eFiling by Order of the Court are eligible for eFiling in the Civil case type.

3.1 Permissions

Each individual division may identify specific cases that are to be mandatory efile cases. The parties involved in these cases will be notified via minute entry. Please refer to item 2.5, section (d) of this document regarding specific documents that are not permitted to be eFiled under any circumstances.

3.2 Fees

All civil filing fees still apply. If an eFiling requires a filing fee, the Clerk of the Court, upon accepting an eFiled document, will assess the fee and may contact the filing party by phone for credit card payment or issue a bill to the filing party by mail. For those filing participants who choose to utilize the services of a qualified eFiling provider, the Court has authorized that provider to collect payment of filing fees.

3.3 Special Circumstances

Each individual division will determine, if necessary, special instructions connected with eFiling cases in their division. The parties involved in the case will be notified via minute entry of any special circumstances surrounding their case.

The judicial officer assigned to a mandatory efiling case may choose to order the filing party to electronically refile any document that is not in compliance with the Court's mandatory eFiling order and filed conventionally. Until the document is refiled electronically, the judicial officer may choose to not consider the pleading. The judicial officer will determine if any filing deadlines will be extended as a result of the rejection of the non-efiled document.

3. 4 Judicial Transfers Outside an eFiling Division

If a case previously assigned to a division participating in electronic filing is transferred to a division that is not participating, filing parties will no longer be permitted to electronically file. Exceptions to this rule will be considered by the new division upon written request by participating parties.

If counsel files a notice of change of judge with respect to the assigned judicial officer on a case that has been designated for an eFiling division, the case will be transferred to a judicial officer in another division designated for eFiling. Case transfers or noticing a judge will not be accepted as a method to escape the eFiling requirement.

eFiling in the Criminal case type may only occur on those cases assigned to participating eFiling divisions.

4.1 Permissions

eFiling in Criminal cases is considered permissive. Parties involved in criminal cases assigned to a participating eFiling division will be allowed to eFile pleadings or conventionally file their pleadings. Please refer to item 2.5, section (d) of this document regarding specific documents that are not permitted to be eFiled under any circumstances.

4.2 Special Circumstances

Each individual division will determine, if necessary, special instructions connected with eFiling cases in their division. The parties involved in the case will be notified via minute entry of any special circumstances surrounding their case.

Any eFiled document is subject to rejection for a variety of reasons (e.g. wrong case number, caption, not signed) and you may be required to refile the corrected document via the eFiling system. The judicial officer will determine if any filing deadlines will be extended as a result of the rejection of the efiled documents.

The Court-hosted eFiling system in use for the criminal case type will provide electronic service to other county justice agencies; however, it is the responsibility of the filing party to confirm those parties have received a copy of the filing. The electronic service of a pleading or other document through the electronic filing system shall be considered as a valid and effective means of service.

4.3 Judicial Transfers Outside an eFiling Pilot Division

If a case previously assigned to a division participating in electronic filing is transferred to a division that is not participating, filing parties will no longer be permitted to electronically file. Exceptions to this rule will be considered by the new division upon written request by participating parties.

eFiling in the family court case type may only occur on those cases assigned to participating eFiling divisions.

5.1 Permissions

eFiling in Family Court cases is considered permissive. Parties involved in Family Court cases assigned to a participating eFiling division will be allowed to eFile pleadings, or conventionally file their pleadings. Please refer to item 2.5, section (d) of this document regarding specific documents that are not permitted to be eFiled under any circumstances.

5.2 Special Circumstances

Each individual division will determine, if necessary, special instructions connected with eFiling cases in their division. The parties involved in the case will be notified via minute entry of any special circumstances surrounding their case.

Any eFiled document is subject to rejection for a variety of reasons (e.g. wrong case number, caption, not signed) and you may be required to refile the corrected document via the eFiling system. The judicial officer will determine if any filing deadlines will be extended as a result of the rejection of the efiled documents.

5.3 Judicial Transfers Outside an eFiling Pilot Division

If a case previously assigned to a division participating in electronic filing is transferred to a division that is not participating, filing parties will no longer be permitted to electronically file. Exceptions to this rule will be considered by the new division upon written request by participating parties.

6.0 eFiling Reference Materials/Links

• Clerk of the Superior Court eFiling Web Site
• eFiling Guidelines, Rules and Statutes
• Clerk of the Superior Court