Atlanta March 6, 2003
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
It is ordered that the Uniform Juvenile Court Rules be amended to add a new Rule 29, regarding e-filing, and to eliminate the requirement in Rule 3.5 that a copy of sealed record be sent to the Council of Juvenile Court Judges, to read as follows:
3.5 Hearings. See O.C.G.A. §15-11-79.2. Copies of the order shall be sent to each agency or official therein named and the deputy director of the Georgia Crime Information Center. Sealed records shall be destroyed in accordance with approved court records retention schedules.
29.1. Electronic Filing Generally
(a) Except as otherwise provided, this rule shall be construed in accordance with Georgia’s Electronic Records and Signatures Act, O.C.G.A. §§ 10-12-1 et. seq.
(b) A juvenile court may adopt local rules permitting electronic court filing and service of documents subject to this rule.
(c) Subject to paragraph (f), below, electronic filing is not mandatory, but permissive. Parties in a case who opt to file electronically shall deal with parties who do not file electronically in accordance with traditional, paper-based rules and procedure in keeping with the Juvenile Court Code and the Uniform Rules For Juvenile Courts.
d) When a document to be filed requires a signature by a person but such signature is not submitted under penalty of perjury the document shall be deemed to have been signed by that person if filed electronically.
(e) When a document to be filed requires a signature of any person and such signature is submitted under the penalty of perjury the document shall be deemed to be signed by that person if any one of the following conditions is met:
(i) The clerk of the court accepting the document for filing swears that the person whose signature is required signed or intended to sign the document. The clerk of the court may keep a paper or electronic copy of the signed document as a record of the signer’s intent.
(ii) A faxed copy of the signed document is delivered to the court.
(iii) An electronic image of the signed document is delivered to the court.
(f) A judge may require all parties in a case to file electronically.
(g) A judge may alter these rules in any case in the interest of justice.
29.2. Court and Court Agents
Except as otherwise provided, “court” means the juvenile court or an authorized agent of the juvenile court.
29.3. Document Format of Pleadings, Motions, Briefs, and Exhibits
(a) A pleading, motion, brief, or other similar document filed electronically into a court shall be filed in Adobe Portable Document Format (“PDF”) using the Legal XML Court Filing Standard as modified for Georgia Courts.
(b) A pleading, motion, brief, or other similar document may be delivered to an authorized agent of the court in any format, provided that the document is ultimately delivered to the court as an Adobe PDF document.
29.4. Filing of Complaint, Petition, or Other Document Requiring Service of Process
(a) An electronically filed petition or other document requiring service of process may be served in any of the following ways:
(i) The clerk of court may print the electronic summons and petition and the sheriff or the sheriff’s designee shall serve the documents in such manner as required by Georgia law for the specific pleading; or
(ii) The clerk of court may deliver the electronic summons and petition to the sheriff or the sheriff’s designee; the sheriff or the sheriff’s designee shall print the summons and petition and shall serve the documents in such manner as required by Georgia law for the specific pleading; or
(iii) The clerk of court may deliver the electronic summons and petition to a private process server approved by the court; the private process server shall then print the summons and petition and shall serve the documents in the manner required by Georgia law for the specific pleading.
(b) In all cases, the summons and petition shall have affixed or logically associated to it the court’s seal, signature, or some other evidence of authenticity.
(c) Except for service of a petition or other document requiring personal service, electronic service is complete at the time of successful transmission, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic transmission by two business days. This extension applies in the absence of a specific exception provided for by any other statute or rule of court.
Exhibits or other attachments shall accompany the document being filed in one of the following ways:
(i) As a paper document filed over the counter into the court,
(ii) As a facsimile transmission in accordance with local court rules, or
(iii) As an electronically filed image in Adobe PDF format.
29.6. Time of Filing, Confirmation of Filing, Notices, Service Interruptions
(a) Any document that is electronically filed with the court after the close of business on any day, but before midnight, shall be deemed to have been filed on the same business day.
(b) “Close of business” as used in paragraph (a) shall mean 12:00 noon or the time at which the court would not accept a filing at the court’s counter, whichever is earlier.
(c) The precise time of filing of an electronically filed document is when the document is first received without error by the court or the court’s agent, whichever entity receives it first, provided the received document is eventually accepted by the court and filed.
(d) The court receiving a document filed electronically shall issue one or more confirmations that the document has been received and filed. The confirmation or confirmations shall serve as proof that the document has been received or filed, as the case may be.
(e) Notice of an electronically filed document shall be given to other parties in the following ways:
(i) An electronic filer may give non-electronic filers notice in accordance with traditional paper-based rules and procedure; or
(ii) Either the court or the electronic filer may give notice to other electronic filers by sending electronic mail to the registered email address of the electronic filers requiring notice. Whether the filer or the court is responsible for sending notice shall be determined by local court rule. Parties opting to use electronic filing shall be responsible for registering their email address with the court and shall immediately notify the court and other parties if the address changes. Attorneys shall also register their email address with the State Bar of Georgia.
29.7. Service Interruption
A service interruption occurs when the system used for electronic filing is not operational for more than one hour in a given day after 12:00 noon. In the case of a service interruption, a filing due on the day of the service interruption that was not filed solely because of the service interruption shall be due on the following business day. Delayed filings shall be accompanied by a declaration or affidavit attesting to the filer’s failed attempts to file electronically at least two times after 12:00 noon separated by at least one hour on each day of delay due to the service interruption.
Consistent with O.C.G.A. §15-11-79 and other applicable laws, sufficient procedural safeguards shall be exercised to ensure the privacy and security of documents filed electronically.
SUPREME COURT OF THE STATE OF GEORGIA
Clerk’s Office, Atlanta
I hereby certify that the above is a true extract from
the minutes of the Supreme Court of Georgia
Witness my signature and the seal of said court hereto
affixed the day and year last above written.