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GA · rules

Ga. Unif. Super. Ct. R. 36.16

Electronic Filing

activein force · 2020-01-16 – presentact-effective-date

(A) Availability. Electronic filing shall be available when required by law and may be made

available in a court, or certain classes of cases therein, in conformity with statewide minimum

standards and rules for electronic filing adopted by the Judicial Council.

(B) Documents that may be filed electronically. Where electronic filing is available, a document

may be electronically filed in lieu of paper by the court, the clerk and any registered filer unless

electronic filing is expressly prohibited by law, these rules or court order. Electronic filing is

expressly prohibited for documents that according to law must be filed under seal or presented to

a court in camera, or for documents to which access is otherwise restricted by law or court order.

Original depositions are not “sealed documents” within the meaning of this paragraph and may

be filed electronically. See Judicial Council Rule 9.

(C) Signatures. An electronically filed document is deemed signed by the registered filer

submitting the document as well as by any other person who has authorized signature by the

filer. By electronically filing the document, the filer verifies that the signatures are authentic.

(D) Time of filing. An electronic document is presumed filed upon its receipt by the electronic

filing service provider, which provider must automatically confirm the fact, date and time of

receipt to the filer. Absent evidence of such confirmation, there is no presumption of filing.

(E) Electronic service. Upon filing, an electronically filed document is deemed served on all

parties and counsel who have waived any other form of service by registering with the electronic

filing system to receive electronic service in the case and who receive notice via the system of

the document's filing.

(F) System or user filing errors. If electronic filing or service is prevented or delayed because of

a failure of the electronic filing system, a court will enter appropriate relief such as the allowance

of filings nunc pro tunc or the provision of extensions to respond.

(G) Force and effect. Electronically filed court records have the same force and effect and are

subject to the same right of public access as are documents filed by traditional means.

(H) Pro se parties. To protect and promote access to the courts, courts shall reasonably

accommodate pro se parties by accepting and then converting and maintaining in electronic form

paper pleadings or other documents received from pro se filers.

(I) Procedure for handling misfiled or otherwise deficient or defective e-filings. Upon physical

acceptance and review of an e-filing and discovery that it was misfiled or is otherwise deficient

or defective, a clerk shall as soon as practicable provide the e-filer notice of the defect or

deficiency and an opportunity to cure or, if appropriate, reject the filing altogether. In any case,

the clerk shall retain a record of the action taken by the court in response, including date, time,

and reason. Such records shall be maintained until a case is finally concluded including the

exhaustion of all appeals. Absent a court order to the contrary, such records shall be accessible to

the parties and public upon request without the necessity for a subpoena.

History

Adopted effective June 4, 2015; amended effective January 16, 2020.

Provenance

Source
georgiasuperiorcourts.org
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6698644e35bb0383c390095dae737818e24c2a0ce9674cd61bbfbdff157c8092
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