Marin County, CA – The Marin County Superior Court has announced that electronic filing (eFiling) will be mandatory for all parties represented by attorneys starting Friday, April 24, 2024. eFiling has been available on a permissive basis since March 25, 2024. While self-represented litigants are encouraged to utilize eFiling, it will remain optional for them.
eFiling involves the electronic submission of court documents through a court-approved Electronic Filing Service Provider (EFSP). This modern approach eliminates the need for paper filings, streamlining the court filing process and enhancing efficiency.
– Civil Limited/Unlimited
– Small Claims
– Family Law/Adoption
– Probate
To begin eFiling, you’ll need to select a registered EFSP. Countrywide Process is determined to remain a reliable legal service provider offering eFiling among many other vital services for law firms. You can learn more about our eFiling services at Countrywide Process eFiling.
EFSPs serve as intermediaries between filers and the court’s case management system. They offer various service tiers, including do-it-yourself options and concierge services for eFiling. Rest assured, knowing you have found one of the pioneers in the industry, less the high cost of eFiling. Check out the fees here.
After selecting an EFSP like Countrywide Process, you will receive User Guides and support for the eFiling process. For any technical filing issues, it’s recommended to contact our support team for assistance.
Upon submission through our eFiling Portal, you will receive a confirmation email acknowledging receipt. A court clerk will then review your documents, and you will receive another email indicating whether your submission was accepted or rejected. If accepted, the email will include a link to download a file-stamped copy of your documents, which will also be accessible through our web portal.
It’s important to remember that even with eFiling, you are still responsible for ensuring proper service of your filed documents on the opposing party according to California law.
For further details see our FAQs below or contact us today.
How does eFiling work?
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).
If I eFile legal documents, will it be secure?
Yes. The eFiling system adheres to state and federal security regulations and meets Payment Card Industry Security Standards to protect filer and transaction information.
Is eFiling in Marin Court mandatory?
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.
What type of cases can I electronically file?
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.
Can I electronically file if I’m a self-represented litigant (pro per or pro se)?
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.
How do parties obtain hearing dates?
A hearing date will be printed on the copy of the document returned to you after acceptance.
Do I have to register to use eFiling?
Yes, all users must register with an Electronic Filing Service Provider (EFSP) such as Countrywide Process, prior to using eFiling.
Can I switch to Countrywide Process from my current EFSP after I have chosen and registered with them?
You may choose Countrywide Process to be your new EFSP. Selecting and using an EFSP is similar to using an “attorney service” for filings, except the types of filings processed are electronic.
Rest assured knowing Countrywide Process is a Pioneer not only in electronic filing (eFiling) but also the first in California to offer Nationwide eRecording which is electronic recording of Court and Property Documents.
What is the cutoff time to deem a document filed the same day?
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.
Can I sign my document with an electronic signature?
California Rule of Court 2.257 has all the Requirements for Signatures on documents.
If I file electronically, have I consented to electronic service in this case?
Yes, refer to California Rules of Court, Rule 2.251(b)(1)(B).
Do I need to add new parties when filing into an existing case?
When eFiling into an existing case, parties that already exist in the case should not be added as new parties. The only time new parties need be added to a case is when the filing adds new parties to the existing case. This could be an amended complaint adding a new defendant(s), a cross complaint, Doe-amendment to a complaint, etc.
Can I cancel an eFiling submission in Marin County?
eFilings submitted to Marin County courts cannot be canceled after they have been completed in the portal. Please double check your documents and any data entry prior to completing your submission.
Can I Request a Refund of Court Filing Fees?
Yes. You can request a refund of court filing fees only. Requests must be submitted in writing and may be submitted in person at the filing window or via U.S. Mail to the courthouse. 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:
NOTE: Requests for refund of the Electronic Filing Service Provider processing fees must be submitted to the EFSP for processing.
What documents are exempt from e-Filing in Marin County?
The following documents are exempt from e-Filing in Marin County:
Do I have to bookmark my document?
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.
Can I upload all documents together or must they be separated?
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.
Do I have to bookmark my document?
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.
