Pursuant to Supreme Court Administrative Order 2008-89, court rules, including Maricopa County Local Rules, that require or allow paper copies to be provided to judicial divisions do not apply to electronically filed documents in any electronic filing pilot division in the Superior Court in Maricopa County.
Any case participant with standing to file conventionally with the Superior Court may also file electronically in accordance with these guidelines and all applicable statutes and rules of court.
Self-represented 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.
2.01 Current Efiling Implementation
All pleadings, motions, memoranda of law, orders and other documents electronically filed shall be maintained in electronic format by the Clerk of the Superior Court as the original and official record of the Court. Specific requirements per case type are listed in sections 3.0, 4.0, 5.0, and 6.0.
2.02 eFiling Online Site Use Policy
The Superior Court-hosted efiling system is available at the following address for electronic filing in criminal (CR), family court (FC, FN, and DR) and tax court (TX) proceedings, or as otherwise permitted by these guidelines:
eFiling Online - https://efiling.clerkofcourt.maricopa.gov
Pursuant to Supreme Court Administrative Order 2011-140, all attorneys are required to efile post-initiation civil case documents through
AZTurboCourt when filing into the Superior Court in Maricopa County, unless an exception in Section (3) applies. Self-represented litigants in civil cases are
strongly encouraged to use AZTurboCourt for all civil subsequent filings.
2.03 Format of Electronically Filed 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 provided these 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, statute, administrative order, or these guidelines.
(a) File Formats and Size
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). A document shall not be password protected and shall not exceed 10 MB in size. The Court strongly encourages that all proposed forms of order be submitted in Microsoft Word 2003 (.doc) or prior version.
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.
(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.
2.04 User ID and Electronic Signatures
The Superior Court-hosted efiling system shall register users and provide each with a personally selected user name (ID) and password. The user
name submitted in conjunction with a 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 submitted by the Court
may bear a printed name preceded by the /s/ symbol or a facsimile signature of the Judicial Officer causing the document to be filed. Documents
filed via the Court's Efiling Manager (EFM) application will bear a judicial signature stamp which 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.
2.05 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 payment of applicable fees and compliance with all standard filing practices and, if accepted, shall be deemed filed as of the date and time it was received by the Clerk’s efiling system.
If the document is infected, the document will be discarded and a notice will be 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 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.
Documents transmitted to the Clerk by AZTurboCourt (see Sec. 2.02 above), upon acceptance by the Clerk, will be deemed filed as of the date and time they were received by AZTurboCourt, and all notices of acceptance or rejection generated by the Clerk for documents transmitted by AZTurboCourt will be sent to AZTurboCourt in lieu of the filing participant.
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.
2.06 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.
2.07 Electronic Service To Other Parties
Electronic service is currently not available through eFiling Online or AZTurboCourt. If electronic service by other means is utilized, it shall comply with all applicable state and local court rules. It will remain, however, the responsibility of the filing party to confirm that other parties have received a copy of the filing. 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.
2.08 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. 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.
2.09 Documents Not Permitted To Be Electronically Filed
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. summonses, subpoenas, and warrants).
- Case initiation documents, including a civil complaint or petition, or any other document that may initiate a new case with the Court,
as well as any accompanying documents for issuance or service. Attorneys may electronically file a proof of service document upon completion of service.
- Any document that requires issuance by the Clerk as well as any accompanying document that requests the issuance. Attorneys may electronically
file the issued document as well as any proof of service document upon completion of service.
- Default judgment packets. Attorneys shall electronically file the documents to request a default judgment, such as the Application for
Entry of Default, but shall submit the subsequent default judgment packet required by the Court, including the proposed order, on paper.
- Petitions for injunctions against harassment and injunctions against workplace harassment. Attorneys may electronically file
a subsequent document in an injunction against harassment and injunction against workplace harassment case.
- Documents filed under seal or a motion to file documents under seal.
- Audio and video recordings.
- Applications and orders for deferral or waiver of court fees and/or costs.
- Earnings/continuing lien garnishment packets, except that attorneys shall electronically file the documents that make up a coversheet and earnings/continuing lien garnishment packet.
- Any documents in a civil case assigned to a probate division.
- Documents filed in any of the following case types: probate, mental health, small tax, juvenile matters, special actions, transfers of jurisdiction, lower court appeals, and the Gila River General Stream Adjudication case.
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 electronically filed with the Court.
2.10 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 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.
2.11 Lodging Documents
Documents to be lodged with the Court and proposed orders will be transmitted electronically to the Court.
2.12 Printing of Electronically Filed Documents
Any electronically filed document must be printable with the same content and format as if printed from its authoring program.
2.13 Payment of Filing Fees
If an efiling submitted through eFiling Online requires a filing fee, the Clerk of the Court, prior to accepting an efiled document, will verify the fee and will contact the filing party by phone or email for credit card payment or adjustment of the fee amount. For those filing participants who utilize the services of AZTurboCourt, the Court has authorized that provider to collect payment of filing fees.
2.14 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 these guidelines, 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.
2.15 Court Orders and Judgments
The Court may issue, file and serve notices, orders, and other documents electronically in an efiled 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.
2.16 Proposed Forms of Order
A proposed form of order or judgment shall be submitted as a separate supporting document to the motion or stipulation. Filing parties shall not combine the proposed order or judgment with the motion or stipulation and file them as one document. The Court strongly encourages that all proposed forms of order and judgments shall be submitted in Microsoft Word 2003 (.doc) or prior version.