Ariz. Sup. Ct. Admin. Order No. 2021-183

1

IN THE SUPREME COURT OF THE STATE OF ARIZONA

____________________________________

In the Matter of: )

)

POLICIES FOR E-FILING ) Administrative Order

OF FAMILY LAW CASES IN THE ) No. 2021 - 183

SUPERIOR COURT OF ARIZONA ) (Affecting Administrative Order

) Nos. 2020-124 and 2021-29)

____________________________________)

The electronic filing (e-filing) of documents in Superior Court cases filed under the

Arizona Rules of Family Law Procedure (hereinafter referred to as “family law cases ”) is now

available statewide using the approved e-filing service provider (“EFSP”). The Superior Court

location in each county currently accepts non-case initiating documents and will begin accept ing

case initiating documents over the next several months.

Therefore, pursuant to Article VI, Section 3 of the Arizona Constitution,

IT IS ORDERED that attorneys are required to electronically file family law case

documents in the Superior Court through the approved EFSP according to the following schedule:

Non-Case Initiating

Documents

Case Initiating Documents

Maricopa County

June 1, 2021 (Administrative

Order 2021-29)

June 1, 2022

Pima County

March 1, 2022 June 1, 2022

All other counties

March 1, 2022 June 1, 2022

IT IS FURTHER ORDERED that for family law cases filed in the Superior Court, the

following definitions, fees, and procedures are adopted for non-case initiating documents upon

signature of this Order and are adopted for case initiating documents when a county enables case

initiating support within the EFSP.

1. Definitions

a. “Application Fee” means the fee assessed when a filer performs various functions using

any EFSP.

b. “Attached Document” means a document prepared outside of an EFSP and then filed

with a court through an EFSP.

c. “Clerk” means the Clerk of the Superior Court and designees.

d. “Court” means the Superior Court of Arizona.

e. “E-Filed Document” means a document that is electronically filed with a court using

an EFSP.

f. “Electronic Document Management System” (“EDMS”) means a collection of

computer software application programs and hardware devices that provide a means of

storing, organizing, and controlling the creation, management, and retrieval of

electronic documents through their life cycle.

g. “Electronic Filing Service Provider” (“EFSP”) means a private or public entity

authorized by the Administrative Director of the Administrative Office of the Courts

(“Administrative Director”) to provide e-filing services.

h. “Electronic Service” means a method of service using a computerized web-based

method such as email or service via an EFSP.

i. “Filer” means the individual who electronically submits case documents to the court.

j. “Subsequent Submission” means any non-case initiating filing submitted into an

existing case.

2. Applicability

a. Except as provided in section 3, attorneys shall file family case documents

electronically through an EFSP in accordance with this order.

b. Self-represented litigants may, but are not required to, file family case documents

through an EFSP. A self-represented litigant who chooses to electronically file

documents using an EFSP must follow the requirements set forth in this order and must

pay all applicable fees pursuant to paragraph 4 below.

3. Exclusions

a. E-filing is not permitted for the following:

i. Any document not generated by the EFSP that requires the signature and

seal of the clerk such as summonses, subpoenas, and writs and their

supporting documentation.

ii. Documents filed under seal, including any portion of a document and

exhibits. This does not include the sensitive data sheet filed at case

initiation.

iii. A motion to file documents under seal.

iv. Initial and supplemental applications for the waiver or deferral of court fees

and costs.

v. Any certified copy of a foreign order/decree.

2

vi. Requests for a hearing, modification, dismissal, or any other documents

relating to an Order of Protection proceeding.

vii. Documents that are intended to be used specifically as hearing or trial

exhibits.

viii. Any documents in restricted or sealed cases.

ix. Amicus briefs.

x. Documents intended to initiate a Summary Consent Decree process.

xi. Petition for Conciliation filed in a pending matter.

b. E-filing is not permitted for any document used to initiate the below case types.

However, filers must e-file subsequent submissions in these case types, except those

documents specifically identified in paragraph 3(a) above.

i. Change of Venue

ii. Foreign Judgments

iii. County Transfers

iv. Request for Transfer (Incoming)

v. UIFSA New Complaints Enforcement (ARS § 25-1302)

vi. UIFSA New Complaint

vii. Registration of Child Custody Determination (ARS § 25-1055)

viii. Enforcement of Physical Child Custody Determination

ix. Order of Protection

x. Any case type initiated with a Petition for Conciliation

c. The clerk of a court in a county in which e-filing is mandatory must accept a paper

filing if the filing requests relief that requires immediate judicial review and if e-filing

the document would cause a delay in presenting the request to a judicial officer.

d. A judicial officer may initiate, permit, or consider ex parte communications with an

attorney requesting an exception to the e-filing requirement for the limited purpose of

determining why an exception is necessary. Any such communication shall not involve

the substance of the pending matter. Such ex parte communication shall be considered

an exception to the prohibition against ex parte communication pursuant to Rule 81 of

the Rules of the Supreme Court, Canon 2, Rule 2.9(A)(5). If an exception is granted,

a copy of the order granting the e-filing exception must be provided to the clerk at the

time of filing the paper document.

e. Any attorney, when working as an employee of an approved legal service organization

and representing litigants who are unable to pay the application fee for filing a

document in a family case using an EFSP, may file documents on paper.

4. Fees

a. A non-refundable application fee shall be assessed to support the e-filing and document

access services offered by an EFSP, as follows:

• $6.50 to initiate a case

• $6.50 to e-file an attached document

• $3.80 if the filer elects to use optional electronic service

3

• 3% payment processing fee

b. All fees must be paid through the EFSP at the time of filing.

c. A fee shall not be assessed for documents e-filed on behalf of a public entity or official

identified in A.R.S. § 12-304 or for documents e-filed by a child’s best interest attorney,

a court-appointed advisor, or any other court-appointed professional in the matter.

d. A fee shall not be assessed for documents e-filed by a party for whom a fee waiver or

deferral has been granted, while the waiver or deferral is in effect. For a case initiating

submission, the order waiving or deferring fees and the corresponding application and

affidavit must be attached to the e-filing submission.

e. Absent an Order for Fee Waiver or Deferral from the court waiving or deferring filing

fees for a case or specific document, the fees listed in 4.a shall not be waived.

f. The clerk shall not reject e-filing submissions on the basis of failure to pay fees for a

party who has been granted a fee waiver or deferral.

5. Official Record

a. An e-filed document that resides within the EDMS of the clerk or court is the original

document and satisfies the requirements of Rule 1002, Arizona Rules of Evidence.

b. An electronic transmission or print-out from the clerk’s EDMS that shows seal of the

clerk or court attesting to the document’s authenticity shall be considered an official

record or certified copy of the original.

c. Any court rule requiring that a document be an original, be it on paper or another

tangible medium, or be it in writing, is satisfied by the electronic image defined as the

original document in this section.

6. Signature Standards

Any document displaying the symbol “/s/” with the printed name of the filer is deemed signed

by the named person for purposes of rules and statutes governing practice and procedure in the

courts of this state.

a. Attorney. An attorney is responsible for all documents filed under the attorney’s

registered login ID and password and under the registered login ID and password of

any person the attorney has authorized to e-file documents using services provided by

an EFSP.

b. Judicial Officer or Clerk. Documents e-filed under the registered login ID or password

of a judicial officer or clerk are deemed to have been filed by that judicial officer or

clerk.

4

c. Self-Represented Litigant. Documents e-filed by a self-represented litigant must be

filed under the self-represented litigant’s registered login ID and password and are

deemed signed by that self-represented litigant for purposes of rules and statutes

governing practice and procedure in the courts of this state.

d. Signing for Another Party. A person filing a document containing more than one place

for a signature, such as a stipulation, may sign on behalf of another party only if the

person has actual authority to do so. The person may indicate such authority either by

attaching a document confirming that authority and containing the signatures of the

other persons who have authority to consent for such parties, or, after obtaining a

party’s consent, by inserting “/s/ [the other party’s or person’s name] with permission”

as any non-filing party’s signature.

7. Date and Time of E-Filing. A submission is deemed filed on the date and time it is received

by the EFSP. If the clerk determines that the electronically submitted document is deficient

pursuant to local rule or order, the clerk may reject the submission and must provide the filer

an explanation of the reason for the rejection.

8. Required Exhibits, Attachments to Pleadings, and Proposed Orders. Any court rule that

requires a copy of a document be attached as an exhibit to a document is satisfied by

electronically attaching either a scanned image of the exhibit or attaching a copy of the exhibit

in an approved format.

9. Electronic Format and Size. Any document submitted through an EFSP must be in a format

that complies with Rule 20(c), Rules of Family Law Procedure. A proposed order or judgment

shall not be password protected and must be in a format that allows the court to make changes

as necessary to reflect the provisions of the order or judgment it intends to enter. Documents

shall not exceed the size limitation permitted by the Arizona Supreme Court.

10. Certified Mail, National Courier, Return Receipt Card. When submitting a return receipt as

proof of service by mail, the filer must scan and file both sides of the signed return receipt and

attach it to a properly formatted document.

11. Notary Requirement. A notarization requirement is satisfied by an electronic notarization or

by scanning and e-filing the document that contains the notary’s original signature and seal.

12. Family Law Cover Sheet. Initiating a case through services provided by an EFSP meets the

requirement to file a family law cover sheet.

13. Copy for Court. Except as authorized by order of the county’s presiding judge of the superior

court, a judicial officer shall not require a filer to provide a paper copy of any document

submitted through an EFSP. If required by the receiving court, a filer must identify individual

documents necessary for a judicial ruling.

5

14. Responsibility for Filing and Service. A person who e-files a document is responsible for

ensuring that the document is properly filed, that it is complete and readable, and that a copy

has been provided to the other parties in the case to the same extent as provided via a paper

filing.

15. Distribution of Notices, Orders, and Other Documents by the Clerk or Court. The clerk or

court may electronically distribute notices, orders, and other documents to a party in any case

in which the party has e-filed a document, and to an attorney in any case in which the attorney

has entered an appearance. The electronic delivery of documents by the clerk or court is

complete upon transmission.

16. Hyperlinks and Bookmarks. A filer may include a hyperlink only to static textual information

or documents. Materials accessed via hyperlinks are not part of the official court record. A

filer may include a bookmark to another page within the same document.

17. Extension of Time Due to Interruption in Service.

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, and the matter

cannot be resolved to the satisfaction of the filer and the clerk, the filer may file the document

on paper or electronically as soon as practicable thereafter 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 on the date the filer originally sought

to electronically transmit the document. When an interruption of service is caused solely by a

technical malfunction of the court’s or EFSP’s system, the court may sua sponte enter an order

documenting the interruption and allowing an alternative manner of filing or extension of filing

deadlines.

18. Additional e-Filing Policies. The presiding judge of the superior court and the clerk, in

consultation with the administrative director, may establish additional policies to implement

e-filing. Any such policies must be posted online at

http://www.azcourts.gov/efilinginformation and on court and clerk websites.

19. Destruction of Paper Records. All documents in the clerk’s EDMS are subject to the

provisions of Rules 29(C) and 94, Rules of the Supreme Court and § 1-507 of the Arizona

Code of Judicial Administration regarding destruction of records.

IT IS FURTHER ORDERED that any e-filed document that meets the requirements

described herein shall be accepted by the clerk, and that provisions of this Order that are

inconsistent with the Arizona Rules of Court shall supersede procedural requirements of those

rules.

IT IS FURTHER ORDERED that the presiding judge of the superior court and the clerk,

in consultation with the administrative director, may make modifications to these procedures not

inconsistent with rules or orders of this Court.

6

Dated this 8th day of December, 2021.

FOR THE COURT:

____________________________________

ROBERT BRUTINEL

Chief Justice

7