Ariz. Sup. Ct. Admin. Order No. 2024-63

IN THE SUPREME COURT OF THE STATE OF ARIZONA

____________________________________

In the Matter of: )

)

ADOPTING NEW ARIZONA CODE OF ) Administrative Order

JUDICIAL ADMINISTRATION § 1-901: ) No. 2024 - 63

ELECTRONIC FILING (“E-FILING”) ) (Replacing Administrative Order

) Nos. 2012-20, 2017-117, 2018-40,

) 2018-69, 2018-109, 2019-14,

) 2020-123, 2020-124, 2020-125,

) 2020-126, 2020-127, 2020-176,

) 2021-29, 2021-30, 2023-30, 2023-35,

) and 2023-222 and Affecting

) Administrative Order No. 2016-148)

____________________________________)

The above-captioned new provision of the Arizona Code of Judicial Administration (ACJA),

having come before the Arizona Judicial Council on March 21, 2024, was approved and

recommended for adoption.

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

IT IS ORDERED that the above-captioned new provision, ACJA § 1-901, attached hereto,

is adopted.

IT IS FURTHER ORDERED replacing Administrative Order Nos. 2012-20, 2017-117,

2018-40, 2018-69, 2018-109, 2019-14, 2020-123, 2020-124, 2020-125, 2020-126, 2020-127,

2020-176, 2021-29, 2021-30, 2023-30, 2023-35, and 2023-222 with ACJA § 1-901.

IT IS FURTHER ORDERED replacing Administrative Order No. 2016-148 with ACJA §

1-901 to the extent that Administrative Order No. 2016-148 applies to the superior court.

Administrative Order No. 2016-148 remains in effect as it applies to the Arizona Supreme Court

and Court of Appeals, Division One.

Dated this 17th day of April, 2024.

____________________________________

ROBERT BRUTINEL

Chief Justice

ARIZONA CODE OF JUDICIAL ADMINISTRATION

Part 1: Judicial Branch Administration

Chapter 9: E-Services

Section 1-901: Electronic Filing (“E-filing”)

(New text shown in underline)

A. Definitions. In this section the following definitions apply:

“Administrative Director” means the administrative director of the Administrative Office of

the Courts.

“Document” means any pleading, motion, exhibit (other than a courtroom exhibit), declaration,

affidavit, memorandum, paper, order, notice, or any other filing, including attachments,

submitted by a filer or by the court.

“E-filing” means the electronic filing of documents using an EFSP.

“Electronic Document Management System” or “EDMS” has the same meaning as provided

in the Arizona Code of Judicial Administration (ACJA) § 1-506.

“Electronic Filing Service Provider” or “EFSP” means a private or public entity authorized by

the administrative director to provide e-filing services.

“Electronic Service” means the method of formally providing e-filed documents to another

party through the EFSP.

“Exhibit” unless the context requires otherwise, means an attachment to a document.

“Filer” means the individual who electronically submits case documents and information to

the court through an EFSP.

“Judicial Officer” means a person within the court who is authorized to perform judicial

functions in a particular case type.

“Justice Court Civil Case” means a civil case filed in a justice court and processed under the

Justice Court Rules of Civil Procedure.

“Lead Document” means a document that requires its own file stamp.

“Mental health case” means a case filed under Title 36, Chapter 5.

“New Case Submission” means a submission to start a new case.

“Post-initiation Submission” means any submission for filing into a case that has previously

been initiated in the court, either electronically or by paper.

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B. Purpose and Applicability. This section authorizes and establishes the requirements for e-filing in the superior, justice, and municipal courts of Arizona. This section, and the Arizona

Rules of Court where not inconsistent with this section, apply to all e-filed documents.

C. Authorization. E-filing in accordance with this section and as provided by Attachment A is

authorized.

D. Mandatory E-filing. Except as provided by (E)(1), e-filing is mandatory for attorneys and

legal paraprofessionals as provided by Attachment A.

E. Exceptions to Mandatory E-filing.

1. An attorney or legal paraprofessional, when working as an employee of an approved legal

services organization and representing litigants who are unable to pay the application fee

for filing a document using an EFSP, may file documents on paper.

2. The clerk must accept a paper filing where e-filing is otherwise mandatory 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.

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

attorney or legal paraprofessional requesting an exception to the e-filing requirement for

the limited purpose of determining why an exception is necessary. Any such

communication cannot involve the substance of the pending matter. Such ex parte

communication is 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. 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.

F. Responsibility of Filer.

1. Generally. A person who e-files a document is responsible for all documents filed under

the person’s registered login ID and password and has the same responsibility as a person

who files a paper document 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.

2. Authorized Filers. Attorneys, legal paraprofessionals, and non-party filers such as, but not

limited to, arbitrators, process servers, and parenting coordinators, are responsible for all

documents filed under the registered login ID and password of any person that the attorney,

legal paraprofessional, or non-party filer has authorized to e-file documents on their behalf.

3. Self-Represented Litigants. Documents e-filed by a self-represented litigant must be filed

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

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G. Fees.

1. Except as provided by (G)(2):

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

access services offered by an EFSP as follows:

(1) $6.50 for all documents submitted in a new case submission;

(2) $6.50 for each lead document submitted in a post-initiation submission; and

(3) $3.80 if the filer elects to use electronic service.

b. a non-refundable 3% processing fee shall be assessed.

2. The fees in (G)(1) shall not be assessed:

a. to e-file a document submitted on behalf of a public entity or official identified in

A.R.S. § 12-304;

b. at the time of submission if the filer submits with the lead document an application for

a fee waiver or deferral;

c. if the filer has been granted a fee waiver or deferral in the case;

d. in criminal, delinquency, and mental health cases;

e. to an individual identified in Attachment A, section IV; or

f. a proposed order, judgment, or decree, or a notice of filing that is submitted with a

proposed order, judgment, or decree.

3. All applicable filing, local court, application, and processing fees must be paid through the

EFSP at the time of submission.

4. Unless a technical issue occurs, the application fee and its associated processing fee shall

not be refunded.

5. A judicial officer shall not waive, reduce, or suspend application or processing fees.

6. Neither the clerk nor the court shall prohibit the e-filing of documents by a filer for whom

a waiver or deferral has been granted or reject an e-filing submission on the basis of failure

to pay fees for a party who has been granted a fee waiver or deferral.

H. Signatures. All e-filed documents must be signed in accordance with applicable court rules

and must conform to such other signature requirements as the Supreme Court may require. A

person may sign a document filed through the person's EFSP account by placing on the

signature line the person's scanned signature or the person's typed name preceded by “/s/.”

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I. Format of Documents. All e-filed documents must be formatted in accordance with applicable

court rules governing formatting of paper documents and must conform to such other format

requirements as the Supreme Court may require.

J. File Type and Size.

1. File Type. An e-filed document that contains text, other than a scanned document image,

must be in a text-searchable .pdf, .odt, or .docx format. A text-searchable .pdf format is

preferred. A proposed order must be in a form that permits it to be modified, such as .odt

or .docx format or other format permitted by the court, and cannot be password protected.

2. File Size. A document exceeding the file size limits allowed by the EFSP may be broken

up into multiple files to accommodate such a limit.

K. Format of Exhibits and Attachments.

1. Generally. An exhibit or an attachment to an e-filed document may be e-filed if it is

attached to the same submission as either a scanned image or an electronic copy using an

approved file type and format.

2. Official Records. A scanned copy of an official record may be e-filed if it contains an

official seal of authority or its equivalent.

3. Notarized Documents. A notarized document or a scanned copy of a notarized document

may be e-filed if it contains the notarial officer's signature, a certificate as required by

A.R.S. § 41-264, and stamp or seal, if applicable.

4. Certified Mail, Return Receipt. When establishing proof of service by a form of mail that

requires a signed and returned receipt, the return receipt or a scanned copy of the return

receipt may be e-filed. If the return receipt is a card, it may be e-filed if both sides of the

return receipt card are scanned and filed.

5. National Courier Service. When establishing proof of service by a national courier service,

the receipt or a scanned copy of the receipt for such service may be e-filed.

L. Bookmarks and Hyperlinks.

1. Bookmarks. A bookmark is a linked reference to another page within the same document.

An e-filed document may include bookmarks. A document that is incapable of

bookmarking may be made accessible by a hyperlink. Bookmarks are encouraged.

2. Hyperlinks. A hyperlink is an electronic link in a document to another document or to a

website. An e-filed document may include hyperlinks. Material that is not in the official

court record does not become part of the official record merely because it is made

accessible by a hyperlink. Hyperlinks are encouraged.

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M. 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.

N. Confidential Documents. A filer must ensure that any e-filed document that is confidential

pursuant to the Arizona Rules of Court is properly marked as confidential. The clerk is not

required to review a document not marked as confidential to determine whether it is a

confidential document.

O. Originals.

1. An e-filed document or a scanned copy of a document constitutes an “original” under Rule

1002, Arizona Rules of Evidence.

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

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

document in (O)(1) and (P).

P. Official Record. An electronic transmission or print-out from the Clerk’s or court’s EDMS

that shows the seal of the Clerk or court attesting to the document’s authenticity shall be

considered an official record or certified copy of the original.

Q. Deficiencies in Submissions. If an electronically submitted document is determined to be

deficient pursuant to this section, court rule, or other governing authority, the clerk may reject

the submission. If a submission is rejected because of a deficiency, the clerk must promptly

provide the filer with an explanation for the rejection.

R. Effective Date of Filing. A submission is deemed filed on the date and time it is received by

the EFSP unless the clerk later rejects the document based on a deficiency.

S. Late Filings and Extensions of Time Due to Interruption in Service.

1. 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 thereafter as practicable 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 to the date the

filer originally sought to transmit the document electronically. When an interruption of

service is caused solely by a technical malfunction of the court’s or EFSP’s automation

system, the court may, sua sponte, enter an order documenting the interruption and

allowing an alternative manner of filing or extension of filing deadlines.

2. A Clerk or court is not liable for malfunction or errors occurring in electronic transmission

or receipt of e-filed documents.

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T. Clerk Review.

1. Generally. Absent extraordinary circumstances, clerks must review and process non-

eviction and non-emergency submissions within three business days of submission.

2. Eviction Actions and Emergency Submissions.

a. Submissions During Regular Court Hours. Absent extraordinary circumstances,

eviction action complaints and emergency submissions submitted through an EFSP

during regular court hours must be reviewed and processed by the clerk the same day

they are submitted.

b. Submissions Outside Regular Court Hours.

(1) An emergency submission submitted outside of regular court hours takes priority

and must be reviewed and processed by the clerk as soon as possible the next

business day.

(2) The calculation for the timeframe to set the initial hearing for eviction action

complaints submitted through an EFSP outside of regular court hours begins the

next business day.

U. Cover Sheets. A new case submission for a civil action or family law matter is not required to

have a cover sheet as otherwise required by Rule 8(g), Rules of Civil Procedure, Rule 25(e),

Rules of Family Court Procedure, or local rule.

V. Distribution of Notices, Orders, and Other Documents. 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, or an attorney or legal paraprofessional in any case in which

the attorney or legal paraprofessional has entered an appearance. The electronic delivery of

documents by the clerk or court is complete upon transmission.

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

in consultation with the administrative director, may establish additional policies not

inconsistent with court rules or this section, to implement e-filing in that county. Any such

policies must be posted online at http://www.azcourts.gov/efilinginformation and on the

court’s website.

X. Subsequent Service. Except for documents that must be served according to Rules 4, 4.1, or

4.2, Rules of Civil Procedure, Rules 40(f)(1) or 41, Rules of Family Law Procedure, or Rule

113, Justice Court Rules of Civil Procedure, transmitting documents through an EFSP is a

permissible method of service if the recipient is an attorney of record in the action, in which

event service is complete upon transmission.

Y. Electronic Signatures and Electronic Notarizations. The clerk must accept for filing any

document that purports to have a signature, including documents that appear to be

electronically signed or electronically notarized in accordance with applicable law. If the

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authenticity or sufficiency of an electronic signature or electronic notarization is disputed, a

judicial officer will make a determination under applicable substantive law.

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Attachment A

I. E-Filing Authorized. On an implementation schedule and in a manner determined by the

administrative director, e-filing is authorized for:

A. Superior Court

1. Civil case initiation and post-initiation documents.

2. Family law case initiation and post-initiation documents.

3. Mental health case initiation and post-initiation documents.

4. Criminal post-initiation documents in all counties except Maricopa.

5. Tax case post-initiation documents in Maricopa County.

6. Probate post-initiation documents in counties other than Maricopa and Pima.

7. Juvenile delinquency post-initiation documents in counties other than Maricopa and

Yuma.

B. Justice Court

1. Justice court civil case initiation and post-initiation documents.

2. Eviction case initiation and post-initiation documents.

3. Small claims case initiation and post-initiation documents.

C. Applications for Fee Deferrals and Waivers

II. Mandatory E-filing. Except for excluded documents as set forth in III,

A. Attorneys are required to e-file:

1. Superior court civil case initiation and post-initiation documents.

2. Family law case initiation and post-initiation documents.

3. Superior court criminal post-initiation documents in all counties except Maricopa.

4. Tax case post-initiation documents in Maricopa County.

B. Legal paraprofessionals are required to e-file:

1. Family law case initiation and post-initiation documents.

2. Superior court criminal post-initiation documents in all counties except Maricopa.

C. Non-attorneys other than legal paraprofessionals are permitted, but are not required, to e-file any document for which e-filing is authorized.

III. Exclusions.

A. Generally. E-filing is not permitted for:

1. Any document that requires the signature and seal of the Clerk or issuance by the court,

if it is not generated by the EFSP, such as writs, including supporting documentation (e.g.,

application for writ of garnishment), summonses, letters in probate cases, warrants, and

subpoenas, unless otherwise permitted by a policy adopted under ACJA 1-901(W).

2. Any document in a sealed case.

3. Any document in a restricted case, with the exception of mental health cases.

4. Any document used to initiate a lower court appeal.

5. Documents and any portion of a document filed under seal, or a motion to file documents

under seal. This does not include the sensitive data sheet filed at case initiation in a family

law case.

6. Amicus briefs except in Superior Court Civil Cases in Maricopa County.

7. Any document intended to be used specifically as a hearing or trial exhibit.

8. Any document intended to initiate a new case due to a change of venue.

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9. Any document initiating an order of protection, injunction against harassment, or

injunction against workplace harassment.

10. Requests for a hearing, modification, dismissal, or any other documents relating to an

order of protection proceeding.

B. Superior Court Civil Cases. In superior court civil cases, e-filing is not permitted for:

1. In all counties other than Maricopa and Pima:

a. Any document in the following case types:

i. Minor Abortion

ii. Habeas Corpus

iii. Corporate Power of Attorney

iv. Delayed Birth Certificates (A.R.S. § 36-333.03)

v. Restoration of Civil Rights

b. Case initiation documents in the following case types:

i. Forfeiture

ii. Eviction Action

iii. Transcript of Judgment

iv. Special Action

v. Foreign Judgment

vi. Lower Court Appeals

vii. Eminent Domain

2. In Maricopa County:

a. Any document in the following case types:

i. Small Tax, pursuant to A.R.S. § 12-172

ii. Transcript of Judgment

iii. Lower Court Appeals

iv. Gila River General Stream Adjudication

b. Case initiation documents in the following case types:

i. Regular Tax, pursuant to A.R.S. §§ 12-161 et seq., except cases filed as Small Tax

cases

ii. Forfeiture

iii. Election Challenge

iv. Eviction Action

v. Special Action

vi. Foreign or Tribal Court Judgment

vii. Eminent Domain

c. Any document in the case if the case is assigned to the probate division.

3. In Pima County:

a. Any document in the following case types:

i. Transcript of Judgment

ii. Eviction Action/Forcible Detainer

iii. Minor Abortion

iv. Corporate Power of Attorney

v. Delayed Birth Certificate (A.R.S. § 36-333.03)

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vi. Restoration of Civil Rights

b. Case initiation documents in the following case types:

i. Forfeiture

ii. Foreign Judgment

iii. Special Action

iv. Name Change

v. Habeas Corpus

vi. Lower Court Appeals

C. Superior Court Criminal Cases. In superior court criminal cases, e-filing is not permitted

for:

1. Documents identified in Rule 123(d)(2)(A), Rules of the Supreme Court.

2. A complaint, indictment, or information.

3. Any document for which there is a fee associated with filing.

4. Bonds.

D. Family Law Cases. In family law cases, e-filing is not permitted for:

1. Petitions for Conciliation filed in a pending matter in Pima County.

2. Case initiation documents in the following case types:

a. Change of Venue

b. County Transfers (A.R.S. § 25-502)

c. Registration of Child Custody Determination (A.R.S. § 25-1055)

d. Enforcement of Physical Child Custody Determination

e. Any case type initiated by a Petition for Conciliation

f. In Maricopa County only, any case initiated by a Summary Consent Petition and

Decree (A.R.S. § 25-314.01)

E. Juvenile Delinquency Cases. In juvenile delinquency cases, e-filing is not permitted for:

1. Any document identified in Rule 123(d)(1)(C), Rules of the Supreme Court.

2. Any document used to initiate a juvenile delinquency case.

3. Bonds.

4. Petitions filed pursuant to Rules 203 and 204, Rules of Procedure for the Juvenile Court.

5. Any document intended to be part of the social file as defined in Rule 215, Rules of

Procedure for the Juvenile Court.

F. Probate cases. In probate cases, e-filing is not permitted for:

1. Wills.

2. Any document used to initiate a probate case.

G. Mental Health. In mental health cases, e-filing is not permitted for:

1. Any document filed by a person who is not authorized under Rule 123(d)(6), Rules of

the Supreme Court, to access the case records.

2. Case initiation documents for the following:

a. Mental health tribal cases.

b. Mental health guilty except insane (GEI) cases.

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H. Justice Court Civil, Eviction, and Small Claims Cases. In justice court civil, eviction, and

small claims cases, e-filing is not permitted for:

1. Petitions for an order to show cause.

2. Requests for a judgment debtor’s exam.

3. Any document in the following case types:

a. Abatement

b. Animal Seizure

c. Property Disposition, including weapons

d. Impoundment Hearings

e. Vicious Animal

f. Livestock Liens

g. Replevins

IV. Fee Exceptions.

The fees in ACJA 1-901(G)(1) shall not be assessed to the following individuals submitting

documents in a case:

A. Arbitrator

B. Child’s best interest attorney

C. Court-appointed advisor, investigator, mediator, or any other court-appointed individual

D. Certified reporter

E. Guardian ad litem

F. Judge pro tem

G. Medical professional

H. Mental health professional

I. Probation officer

J. Special master

K. Victim

L. Victim Representative

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