eFiling

A hearing date will be printed on the copy of the document returned to you after acceptance.

Electronic filing or eFiling enables filers and courts to efficiently process documents and fees online. eFiling manages the flow of information among filers, clerks, court personnel and judges.

The filer submits documents by establishing an account with an Electronic Filing Service Provider (EFSP).

Yes. The eFiling system adheres to state and federal security regulations and meets Payment Card Industry Security Standards to protect filer and transaction information.

As authorized by Code of Civil Procedure section 1010.6(d) and CRC 2.253(b)(1)(A), and subject only to the exceptions in Local Rules 1.51(B)(2), 1.51(B)(3), and 1.51(B)(4), all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases), all Appellate Division cases, all misdemeanor and felony criminal cases, and all juvenile cases as permitted by law must file and serve documents electronically, except when personal service is required by statute or rule. Attorneys who are subject to this rule, and self-represented parties who have consented to electronic filing and service, may not object to electronic service. 

In Marin, eFiling is permissive for all non-criminal case types, which includes Civil, Small Claims, Family Law, Probate and Adoption. At this time, we do not offer eFiling for Criminal, Traffic and Juvenile cases.

Yes, self-represented parties are eligible to use the site for eFiling. However, it is not mandatory and they may continue to file by mail or in person.

Yes, all users must register with an Electronic Filing Service Provider (EFSP) prior to using eFiling.

Yes, support is provided for both attorneys and self-represented litigants. Each EFSP offers a different type of eFiling support. When you pick your EFSP look at the level of filing support that is offered and see if it meets your needs.

You may choose any EFSP. You may change to a different service provider at any time. Selecting and using an EFSP is similar to using an “attorney service” for filings, except the types of filings processed are electronic.

The first point of contact for any question should be your EFSP. If the question cannot be resolved with the EFSP, you may contact the clerk’s office.

Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day.

Any document that is received electronically on a non-court day shall be deemed filed on the next court day, See Civil Code of Procedure Section 1010.6.

Please keep in mind that some of the EFSP companies have a cut-off time for same-day processing because of the time it takes for the filing to be submitted and received by the eCourt.

Each EFSP may offer different types of eFiling notifications. When you pick your EFSP look at their specific support notifications.

Refer to California Rule of Court 2.257 for the Requirements for Signatures on documents.

Yes, refer to California Rules of Court, Rule 2.251(b)(1)(B).

When electronically filing into an existing case, parties that already exist in the case should not be added as new parties. The only time new parties should be added to the case is when the filing adds new parties to an existing case. This could be an amended complaint adding new defendants, cross complaints, amendment to complaint naming a doe, etc.

Documents should be filed as you would file them at the clerk window. For instance, a document that would have been stapled together at filing should be filed as one document. Any document that needs its own file stamp should be uploaded in a single PDF.

PDF, however some EFSPs allow you to file as a Word document because they then turn it into a PDF for you. Please refer to your EFSP’s guidelines.

For Civil and Discovery Motions: Yes, pursuant to California Rule of Court 3.1110(f), a document filed electronically with exhibits must include electronic bookmarks with links to the first page of each exhibit and a bookmark title that identifies the exhibit number or letter and briefly describes the exhibit.

Yes.  pursuant to California Rules of Court 2.256(b)(3), a document filed electronically must be text searchable. For assistance you can contact the filer support number for the electronic service provider you are using.

Yes.  Judicial Council forms are fillable and can be uploaded for eFiling.

No.  Retention of original signed documents is governed by California Rules of Court 2.257 and Code of Civil Procedure Section 1010.6.

Yes. The Trial Court Records Manual recommends 300 DPI resolution. DPI refers to the output resolution of the scanner when a document is scanned.

No.  Documents should not be password protected and will be rejected if the content cannot be viewed.

A Filing Document Name refers to the type of filing (e.g. petition, complaint, response, answer, demurrer, motion, etc.) and is used by the EFSP to properly designate the document(s) upon submission. Using the correct Filing Document Name is extremely important as it determines the appropriate fee. The eCourt has made every effort to develop a comprehensive list of document names that closely match the type of document(s) that may be submitted.

If you are unable to identify the document you are filing in the list of document names, you must use the name of the document that most closely describes your filing. If you are unsure about the document name(s), please check that the filing fee(s) are correct before submitting your document(s).

If multiple documents are filed in one submission, the lead document is the moving paper that directs an action, such as a petition, motion, or objection. It is important to properly identify the lead document as this will affect the priority and timing for processing by the eCourt and ensures that the document is directed to the appropriate location or court personnel.

If your eFiling submission involves multiple lead documents, like in a new Special Immigrant Juvenile Status case filing, start by submitting your primary lead document (e.g., your petition) as the first filing. Allow sufficient time for processing. Once your documents are returned with an assigned case number, you can then submit any extra lead documents in a subsequent filing.

Submissions cannot be canceled after they have been completed in the EFSP. Please double check your documents and any data entry prior to completing your submission.

The following documents are exempt from eFiling:

• Bonds & Undertaking Documents
• Copy Requests
• Payee Data Record Form
• Notice of Defendant's Deposit of Jury Fees
• Exhibits to be lodged for Hearings or Trials
• Child Support Case Registry Form
• Schedule of Assets and Debts
• Declaration of Disclosure (FL-140)
• Family Law Request for Entry of Default
• Family Law Judgment and Notice of Entry of Judgment
• Request for Administrative Records
• Affidavit Re Real Property of Small Value
• Original Will & Codicil
• Probate Bonds
• Any paper document ordered by the court to be filed in the clerk's office.
• Subpoenaed documents.
• Labor Commissioner deposits of cash or check.
• Conservatorship & Guardianship accounting statements.
• Any order with an original judicial officer's signature.
• Any JCC form that states it should not be filed with the court.
• Any documents for Juvenile, Criminal, and Traffic case types.

Yes.  You can use your personal computer to submit filings through an EFSP. You will use the internet to select the EFSP and submit your documents for filing. You will upload the document as an attachment. For instructions, refer to your EFSP’s website.

Yes. You can request a refund of court filing fees only. Requests must be submitted via email using the Filing Fee Refund Request form. Once you've completed the form, email it to efiling@marin.courts.ca.gov. The request will be reviewed by the Court.

Approved refund requests for electronically filed documents will be refunded to the EFSP pursuant to Code of Civil Procedure Section 411.20 and Government Code Section 6159.

Refunds will be processed for the following reasons:
 

• Fees were inappropriately charged by the Court;
• Fees were inappropriately charged due to Court system errors;
• Fees were inappropriately charged to a party after a fee waiver has been granted;
• Fees were inappropriately charged to an agency that is exempt per GC 6103;
• Fees that are ordered refunded by the judicial officer.

NOTE: Requests for refund of the Electronic Filing Service Provider processing fees must be submitted to the EFSP for processing.