Local Rules Published for Comment
San Juan County District Court is proposing to amend its local rules this year. The full set of proposed rules is below, with new and amended rules bolded in the table of contents. Please submit all comments on the proposal to firstname.lastname@example.org no later than June 3, 2021. All comments will be posted publicly on our court webpage, per GR 7.
Since the posting of our proposed new rule LGRLJ 30, the District and Municipal Court Judge’s Association has made changes to its recommended eFiling process. The DCMJA’s recommends the following local court rule, which differs from the currently proposed rule:
MODEL LOCAL RULE:
ELECTRONIC FILING AND SERVICE
Updated May 5, 2021
- Electronic filing (“eFile”) authorization, charges, exceptions, and waiver [option: and non-compliance].
- Mandatory Electronic Filing. Effective [60/30 days after go-live], attorneys shall electronically file (eFile) all documents except the initial criminal complaint, citation, or notice of infraction, using the court’s designated eFiling service, Odyssey File and Serve, unless this rule provides otherwise. The attorney of record for a defendant in a criminal case, non-attorneys or pro se parties are not required to eFile, but are encouraged to do so.
- eFiling service charges. An eFiling charge will be assessed each time a group of documents (sometimes referred to as an “envelope”) is filed on a case. This eFiling service charge will be waived for (a) persons who are indigent or their attorney of record, (b) government filers, (c) qualified legal services providers, and (d) protection orders or other matters for which filing fees may not be charged by law.
- Documents That Shall Not Be e-Filed. The following documents must be filed in paper form rather than e-Filed:
- A document that is required by law to be filed in non-electronic format, for example, original wills, certified records of proceedings for purposes of appeal, negotiable instruments, and documents of foreign governments under official seal;
- Documents incapable of legible conversion to an electronic format by scanning, imaging, or any other means;
- Documents larger than permitted in the User Agreement.
- Working Copies. Persons who eFile documents under this rule are not required to provide duplicate paper copies of those documents as “working copies” for judicial officers. The court may require that a party provide a working copies of documents that are not eFiled.
- Waiver of the Requirement to eFile for attorneys.
- If an attorney is unable to eFile documents required by this rule, the attorney may request a waiver from the court. The attorney must make a showing of good cause and explain why paper document(s) must be filed in that particular case. The court will consider each application and provide a written approval or denial to the attorney. Attorneys who receive a waiver shall file a copy of the waiver in each case in which they file documents. Attorneys who receive a waiver shall place the words “Exempt from eFiling per waiver filed on (date)” in the caption of all paper documents filed for the duration of the waiver.
- Upon a showing of good cause the court may waive the requirement as to a specific document or documents on a case by case basis.
- [Optional] Non-Compliance with this Rule. If an attorney files a document in paper form and does not have an approved waiver from e-Filing, the court may assess a fee against the attorney for each paper document filed.
- Electronic Service. If a party serves another party electronically or via email, that party must likewise accept service from the other parties electronically or via email.