Part 1 · Rules Relating to the Supreme Court and Courts of Appeal

Rule 8.77. Actions by court on receipt of electronically submitted document; date and time of filing

Amended January 1, 2021 (current)

(a) Confirmation of receipt and filing of document

(1) Confirmation of receipt

(2) Filing

(3) Confirmation of filing

(A) Any transaction number associated with the filing; and

(B) The titles of the documents as filed by the court.

(4) Transmission of confirmations

(5) Filer responsible for verification

(b) Notice of rejection of document for filing If the clerk does not file a document because it does not comply with applicable filing requirements, the court must arrange to promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.

(c) Document received after close of business A document that is received electronically by the court after 11:59 p.m. is deemed to have been received on the next court day.

(d) Delayed delivery If a filer fails to meet a filing deadline imposed by court order, rule, or statute because of a failure at any point in the electronic transmission and receipt of a document, the filer may file the document on paper or electronically as soon thereafter as practicable and accompany the filing with a motion to accept the document as timely filed. For good cause shown, the court may enter an order permitting the document to be filed nunc pro tunc to the date the filer originally sought to transmit the document electronically.

(e) Endorsement

(1) The court’s endorsement of a document electronically filed must contain the following: “Electronically filed by [Name of Court], on _____ (date),” followed by the name of the court clerk.

(2) The endorsement required under (1) has the same force and effect as a manually affixed endorsement stamp with the signature and initials of the court clerk.

(3) A record on appeal, brief, or petition in an appeal or original proceeding that is filed and endorsed electronically may be printed and served on the appellant or respondent in the same manner as if it had been filed in paper form.

Committee Notes

(Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2011, January 1, 2017, and January 1, 2020.)

(Subd (b) amended effective January 1, 2017.)

(Subd (c) amended effective January 1, 2011.)

(Subd (d) amended effective January 1, 2017.)

(Subd (e) amended effective January 1, 2012.)