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Mandatory E-Filing in Family Law and Probate. San Mateo Superior Court is planning to require that all attorneys Electronically File into Family Law and Probate cases beginning January 21, 2020.
Pursuant to Section 1010.6(b) of the Code of Civil Procedure, Rule 2.253(a) of the California Rules of Court, and San Mateo Superior Court Local Rule 2.1.5 all documents (other than the documents specified below) in Complex Civil actions may be filed electronically, and must be filed electronically upon issuance of a judicial order. All documents (other than the required hard copy documents specified below) in Small Claims actions (except for Parking Appeals) and Probate actions may be filed electronically.
Please note that exhibits to any electronically filed briefs, declarations or other documents must be electronically "bookmarked" as required by CRC Rule 3.1110(f)(4).
How to E-File
In order to start e-filing, the filer must select a service provider. An electronic filing service provider (EFSP) is an online service to help you file your documents, and acts as the intermediary between you and the Odyssey eFileCA system. Each EFSP offers a variety of additional services and you should evaluate which provider meets your filing needs. Once you pick the EFSP you would like to use for electronic filing, you will be able to go through their tutorial on how to do electronic filing.
List of Certified EFSPs with eFileCA
Currently, there are a number of EFSPs working to become certified with eFileCA and we expect the number of certified EFSPs to increase in the coming months. » List of Certified EFSPs with eFileCA
Document Standards
Documents to be electronically filed should be submitted in searchable PDF format, and searchable PDF/A is preferable. PDF/A is a format which excludes those PDF features that give rise to concerns about the ability to archive documents. Newer scanners allow users to directly create a PDF/A. Users with older scanners can use a conversion tool (such as Acrobat 9) to convert scanned documents to PDF/A.
Required Hard Copy Documents
Below is the list of documents that are NOT currently being accepted through e-filing. Please submit hard copies at the clerk's office.
Civil Complex: the following documents must still be filed/lodged in hard copy form:
- Stipulation and Proposed Order
- Orders After Hearing
- Proposed Judgment
- Ex Parte Motions and Oppositions thereto
- Abstract of Judgment
- Writ of Execution/Possession/Attachment
- Subpoena
- Appeal Documents, Notice of Appeal in Civil Unlimited Actions
- Administrative Records
- Mandatory Settlement Conference Statements
General Civil: the following documents must still be filed/lodged in hard copy form:
- Civil Restraining Orders
- Stipulation and Proposed Order
- Orders After Hearing
- Proposed Judgment
- Ex Parte Motions and Oppositions thereto
- Abstract of Judgment
- Writ of Execution/Possession/Attachment
- Subpoena
- Appeal Documents, Notice of Appeal in Civil Unlimited Actions
- Administrative Records
- Mandatory Settlement Conference Statements
Small Claims: the following documents must still be filed/lodged in hard copy form:
- Any document that needs to be issued
- Abstracts of Judgment
- Wirt of Execution
- Order for Examination
- Subpoena
- Certificate of Facts -DL30
Probate: the following documents must still be filed/lodged in hard copy form:
- Wills and Codicils
- Estate Planning Documents
- Letters of Conservatorship (Judicial Council form GC350)
- Letters of Guardianship (Judicial Council form GC250)
- Letters of Temporary Guardianship or Conservatorship (Judicial Council form GC150)
- Letters of Testamentary, of Administration with Will Annexed, of Administration or of Special Administration (Judicial Council form DE150)
- Ex Parte Applications or Petitions
- Writ
- Proposed Judgment
- Abstract of Judgment
- Appeal Documents
Beginning January 21, 2020 the following documents will be included with Mandatory E-Filing; please continue to file/lodge in hard copy form until then. - Stipulation and Proposed Order
- Order After Hearing
- Request to Waive Court Fees
- Notice of Hearing About Court Fees
Family Law: the following documents must still be filed/lodged in hard copy form:
- Ex Parte's
- Peremptory Challenges
- Judgments
- Summary Dissolution case types
Beginning January 21, 2020 the following documents will be included with Mandatory E-Filing; please continue to file/lodge in hard copy form until then. - Stipulation and Proposed Order
- Order After Hearing
- Request to Waive Court Fees
- Notice of Hearing About Court Fees
Proposed Orders
Your Proposed Order should be e-filed with the pleading it relates to (e.g. stipulation or motion) in conformity with CRC Rule 3.1312(c).
For Complex Civil actions, you must also email an editable version of the Proposed Order in Word format (not PDF) to: complexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
For Probate actions, you must also email an editable version of the Proposed Order in Word format (not PDF) to: probate@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
For Small Claims actions ONLY, a proposed order in an editable word-processing format does NOT need to be submitted to the court under Section 3.1312(c)(2) of the California Rules of Court.
E-filing Schedule
Complex Civil
Effective December 5, 2016, the Complex Civil Department entered the permissive phase of electronic filing of legal documents (e-filing). This permissive period allows filers to become familiar with the e-filing process prior to an anticipated mandatory implementation during 2020
Small Claims
Effective January 16, 2018, the Court entered the permissive phase of electronic filing of Small Claims legal documents (e-filing). This permissive period allows filers to become familiar with the e-filing process prior to an anticipated mandatory implementation during 2020.
Mandatory E-Filing in Family Law and Probate. San Mateo Superior Court is planning to require that all attorneys Electronically File into Family Law and Probate cases beginning January 21, 2020.
Probate
Effective April 16, 2018, the Court entered the permissive phase of electronic filing (e-filing) of Probate legal documents. This permissive period allows filers to become familiar with the e-filing process prior to an anticipated mandatory implementation during 2020.
Family Law
Effective April 1, 2019, the Court is entering the permissive phase of electronic filing of Family Law legal documents (e-filing). This permissive period allows filers to become familiar with the e-filing process prior to an anticipated mandatory implementation during 2020.