Statewide Mandatory Civil eFiling (SB407)

TL;DR: Attorneys must file electronically in any civil case (with a few exceptions) initiated on or after January 1, 2019.

What exactly is mandatory?

For cases initiated on and after January 1, 2019 (or the court’s early adoption date), attorneys are required to eFile new cases in Superior and State Courts in Georgia. This means no paper filings.

Attorneys are not required to eFile in cases that were initiated before January 1, 2019 (or the court’s early adoption date), although eFiling will be available for most of these cases.

(Self-represented litigants are encouraged, but not required, to file electronically in any cases.)

Which courts transitioned to mandatory civil eFiling before January 1, 2019?
(Click the name of each court to view that court’s early mandate judicial order.)

Who makes the rules?

The combination of the legislation, the Uniform Rules for Superior Court (36.16) and the Judicial Council’s Minimum Standards for Electronic Filing govern eFiling in Georgia’s Superior and State Courts.

What are the benefits?

If you are an attorney of record, you can use PeachCourt to view and download every eFiled pleading in any of your cases, at no cost to you.

Just like always, you will be able to visit the Clerk’s Office to view the official record of any non-sealed case, at no cost to you.

Each Clerk’s Office will provide a computer you can use to eFile documents into that court. When you use that computer, the eFiling fee will be $0.00. The usual non-eFiling fees will still apply.

What are the exceptions?

eFiling is permitted, but not required, in the following situations:

 – Any case involving a pauper’s affidavit
 – Any case involving a bond validation
– Any case involving a temporary protective order
– Any filing involving ex parte or in camera information

What are the fees?

Cases initiated before January 1, 2019, will continue to be subject to the eFiling fees that were in effect prior to the legislation.

Cases initiated on or after January 1, 2019, will be subject to a new set of eFiling fees.

 

By any chance, do the good people at PeachCourt happen to offer training?

We thought you’d never ask. Please register for a free, informative and entertaining webinar. You’ll be glad you did.