Ky. Sup. Ct. Order 2024-17 26

comprise the address of a website.

Section 6. Registration and Responsibilities

(1) Registration with the eFiling system.

(a) Registration is limited to:

(i) Licensed attorneys in good standing with the Kentucky Bar

Association;

(ii) Self-represented parties; and

(iii) Trusted submitters.

(b) Registration with the eFiling system must be completed online

through the Kentucky Court of Justice’s KYeCourts website.

(c) A registrant’s KYeCourt’s login ID/user name, password, and profile

will constitute their electronic identity and user account for purposes of

the eFiling rules. A registrant may have more than one (1) electronic

identity if they use the eFiling system in more than one capacity (e.g., an

attorney who is both a trial commissioner and a practicing attorney).

(d) An individual seeking to register with the eFiling system is subject to

authentication and training requirements imposed by the AOC, including

eFiling certification for licensed attorneys. Nothing in this subsection

shall be construed to convey a right to electronically transmit to the

court documents using the eFiling system if authentication or training

requirements are not available or have not been completed.

(e) The registrant will be subject to the terms of the eFiling system user

agreement.

(f) A Commonwealth’s or County Attorney may elect to use an office

account to receive electronic notifications for all eFilings in criminal

cases within their jurisdiction. Creation and use of an office account

under this paragraph constitutes consent to electronic service of all

eFilings.

(g) Registration as a trusted submitter is limited to:

i. Justices, judges, and their judicial staff;

ii. Court administrative staff, including technical support staff;

ii. Court Commissioners;

iii. Government employees and law enforcement officers in actions

relating to their official functions; and

iv. Other individuals authorized in an action to electronically

transmit to the court documents using the eFiling system.

(2) Responsibilities of Registrants.

(a) If a registrant believes that the security of his or her electronic

identity has been compromised or that a threat to the system exists, the

registrant must notify the AOC eFiling website administrator.

(b) It is the responsibility of the registrant to have a valid and working

email address that has not exceeded its size limitation in order to receive

electronic service of eFilings. It is not the responsibility of the court, the

clerk, or the AOC to ascertain whether a registrant is receiving

notifications from the eFiling system via email.

(c) If a registrant’s email address, phone number, or other information

provided in their profile has changed, the registrant must promptly make

the necessary changes to his or her profile.

Section 7. Format and Technical Requirements

(1) Conversion to PDF/A or PDF format required. Documents electronically

transmitted to the court using the eFiling system must meet the same

requirements of format and page limits as paper documents conventionally

filed pursuant to the Kentucky Rules of Procedure, including page and word

limits.

(a) Documents must be converted to PDF/A or PDF format before they

are filed in the eFiling system. PDF/A is the preferred format for

purposes of these rules.

(b) The eFiler must ensure that the filing is an accurate representation of

the document and is complete and readable.

(2) Envelope size limitation. eFiling envelopes, including all attachments, must

not exceed fifty (50) megabytes.

(3) Format. Documents filed electronically must comply with the following

format requirements:

(a) 8 ½” x 11” size;

(b) At least 200 dot-per-inch (DPI) resolution;

(c) No unintelligible images (e.g., no all-black images);

(d) Documents must not be secured, password-protected, or have other

features limiting access;

(e) Only readable word and viewable pictures or images, and valid,

noncorrupted tables shall be included;

(f) Documents must not be corrupted (e.g., a corrupt file having -0- bytes

of data); and

(g) Documents must comprise the complete image or file. The eFiler must

ensure and verify that uploads to the eFiling system are properly

completed.

(4) Nonconforming documents. Documents which do not conform to the above

requirements or which cannot be scanned and converted to a PDF or PDF/A

(i.e., video or audio recordings, large maps, etc.) must be filed conventionally,

with electronic notice to all parties.

(5) Color documents. Exhibits or attachments containing color images may be

electronically transmitted to the court using the eFiling system but must also

be conventionally filed for the record.

Section 8. Electronic Filing in District and Circuit Courts

(1) Notice of Electronic Filing.

(a) Upon the electronic transmission to the court of a document using the

eFiling system, an NEF, with a hyperlink to the document, will be

automatically generated by and published within the eFiling system. The

NEF will record the date and time of the transmission of the document in

the time zone of the receiving court.

(b) All NEFs and other system notifications are published in the eFiling

system under the “Notifications” screen.

(c) In addition to the caption requirements set out in CR 10.01, all

eFilings will receive a stamp by the eFiling system indicating the

document has been electronically filed.

(2) Filing. Except as provided in Section 9 of these rules, the electronic

transmission of a document to the eFiling system in accordance with the

procedures specified in these rules, together with the generation and

publication of an NEF in the eFiling system, with a hyperlink to the document,

constitutes the filing of a document for all purposes of the Kentucky Rules of

Procedure.

(a) An eFiling is deemed filed on the date and time stated on the NEF,

regardless of when the eFiler actually transmitted the document or when

the clerk actually processed the envelope.

(b) Use of the eFiling system does not alter the filing deadline for that

document. An eFiling must be completed BEFORE MIDNIGHT, in the

time zone of the receiving court, in order to be timely filed. However, if

time of day is of the essence, a justice or judge may order a document

filed by a certain time.

(c) Emailing a document to the clerk’s office or to the presiding judge

does not constitute an eFiling or a filing of the document. A document

will not be considered filed until the eFiling system generates and

publishes an NEF with a hyperlink to the document.

(d) While the eFiling system is designed to accept transmissions 24 hours

a day, it may not always be available due to scheduled maintenance or

technical difficulties experienced by the eFiler or the eFiling system.

eFilers are encouraged to transmit documents in advance of filing

deadlines and during normal business hours in the event assistance or

support is needed from the AOC’s eFiling help line.

(4) Case entries. The clerk receiving an eFiling will create a case entry using the

information provided by the eFiler to record the document filed. If errors in the

document or case entry are discovered by the clerk, the clerk may:

(a) make minor corrections to the case entry, with or without notifying

the eFiler or parties;

(b) return the envelope to the eFiler indicating what further action, if any,

is required to address the error. eFilers notified of an error through an

NCP shall make corrections within two (2) business days of receiving the

returned envelope from the clerk and retransmit the document

electronically to the court using the eFiling system. Corrections shall be

made in good faith and limited to the specified error(s) identified in the

NCP. Timely correction shall preserve the original date and time found on

the NEF. Failure to make corrections could result in a failure to comply

with applicable deadlines. Local rules regarding motion hour deadlines

are unaffected by this subsection; or

(c) disregard the error.

(5) Proposed or tendered documents.

(a) If the filing of a document requires leave of court, such as an

amended complaint or a document to be filed out of time, the eFiler

should transmit to the court a motion requesting leave to file with the

proposed document as an attachment. If the court grants the motion and

allows the filing of the proposed document, the eFiler must electronically

transmit to the court the allowed document using the eFiling system to

make it part of the record.

(b) If the eFiler is electronically transmitting to the court a proposed

order or other proposed or tendered documents such as, but not limited

to, judgments, findings of fact and conclusions of law, or jury

instructions using the eFiling system, the order or other documents may

be transmitted in PDF or PDF/A format as well as an editable .doc

format capable of being read by Microsoft Word, and should be identified

as “proposed.”

(6) Attachments and exhibits. Attachments and exhibits which do not conform

to the requirements set out in Section 7 of these rules or which cannot be

scanned and converted to a PDF or PDF/A (i.e., video or audio recordings, large

maps, etc.) must be filed conventionally, with electronic notice to all parties. A

party must serve conventionally filed materials on other parties as if not

subject to these rules.

Section 9. Electronic Filing in Appellate Courts

Electronic filings in the appellate courts shall substantially conform with the

provisions of Section 8 of these rules, except as follows:

(1) Filing. The electronic transmission to the court of a document using the

eFiling system in accordance with the procedures specified in these rules,

together with the generation and publication of an NEF in the eFiling system,

with a hyperlink to the document, constitutes the submission of a tendered

document to the appellate court. The clerk of the appellate court shall review

the eFiling for conformity pursuant to RAP 27(E) to determine whether the

eFiling may be docketed.

(2) The eFiling system will generate and publish an NCP indicating whether the

eFiling has been accepted for review. The clerk will send a separate receipt

notice from the case management system indicating the eFiling(s)’ filing status.

(3) If the clerk determines a document is deficient, a corrected document shall

be transmitted using a new envelope.

(4) An untimely document that is not transmitted as an attachment to a motion

for enlargement of time may be rejected by the clerk.

(5) The clerks of the appellate courts may adopt additional formatting and

technical requirements for briefs electronically transmitted to the court using

the eFiling system, and, if so adopted, post information regarding the

requirements in a conspicuous location for reference.

Section 10. Discovery and Sealed Documents

(1) Discovery requests and responses as identified in CR 5.06 and RCr 7.24

shall not be electronically transmitted to the court using the eFiling system

unless ordered by the court, used at trial, necessary to a pretrial motion,

propounded at the onset of an action pursuant to CRs 33.01(2), 34.01(2), and

36.01(2), or agreed to by stipulation.

(2) The eFiling system will not be used for the exchange of discovery materials

and other communications between the parties that are not intended to be filed

with the court. Parties may exchange discovery materials electronically by

mutual consent consistent with CR 5.02, but not via the court’s eFiling system.

(3) The following documents must be conventionally filed: (i) any document in a

sealed case; (ii) any document ordered sealed in an otherwise public record; (iii)

a motion to seal and any document that is the subject of that motion, including

any document requested to be reviewed in camera; (iv) depositions upon oral

examination required by CR 30.06(1) to be delivered to the clerk by the officer

taking the deposition; and (v) depositions upon written questions required by

CR 31.02 to be filed by the officer taking the deposition.

Section 11. Redaction Requirements

(1) Compliance with CR 7.03.

(a) All eFilers must comply with the redaction requirements set out in CR

7.03, “Privacy protection for filings made with the court.” These

requirements apply to all documents, including attachments and

exhibits. The clerk will not review filings for compliance with this rule.

The responsibility to redact filings rests with the eFiler.

(b) The provisions of CR 7.03 apply to all eFilings regardless of the case

type.

(c) eFilers are cautioned, in accordance with CR 7.03(7), that failure to

redact information deemed private by CR 7.03 and/or the inclusion of

irrelevant personal information in a document, attachment, or exhibit

electronically transmitted to the court using the eFiling system may

subject the eFiler to the disciplinary and remedial powers of the court,

including sanctions pursuant to CR 11.

(2) Improperly included private or protected information.

(a) A party may move to redact improperly included private or protected

information from a document and may request an immediate order from

the court temporarily deleting the document from the system pending

notice and opportunity to be heard by all parties.

(b) If the court finds that private or protected information was improperly

included in a document, the court may order the clerk to permanently

delete the document from the system and require an eFiler to

electronically transmit a redacted version of the document to the court

using the eFiling system.

(c) If, after hearing, the court does not find that private or protected

information was improperly included and the document has been

temporarily deleted from the system under paragraph (a), the eFiler is

responsible for retransmitting the document to the court using the

eFiling system.

Section 12. Signatures

(1) Generally. A document electronically transmitted to the court using the

eFiling system must bear the electronic signature of the eFiler, as more fully

described in paragraphs (a) and (b) below. The electronic signature of the eFiler

will be treated as a personal signature and will serve as a signature for

purposes of CR 11, and all other Kentucky Rules of Procedure, any applicable

statutes, the Local Rules of Court, and any other purpose for which a signature

is required in connection with proceedings before the court.

(a) A document electronically transmitted to the court using the eFiling

system must include a signature block setting forth the name, mailing

address, phone number, fax number, and email address of the eFiler.

(b) In addition, the name of the eFiler must be preceded by an “/s/” and

typed in the space where the signature would otherwise appear. An

electronic image of a handwritten signature may be applied to a

signature line.

(c) Affidavits and exhibits to pleadings with original handwritten

signatures must be scanned and transmitted in PDF or PDF/A format.

(d) An eFiler may not transmit a document to the court through the

eFiling system on another person’s behalf without the intent to represent

a party or participate in the case. Electronically transmitting a document

to the court using the eFiling system without the intent to represent a

party or participate in the case could result in CR 11 sanctions.

(2) Signatures of more than one person required. A document requiring

signatures of more than one person must indicate the consent of the other

persons on the document either by:

(a) inserting in the location where each handwritten signature would

otherwise appear the typed signature of each person, other than the

eFiler, preceded by an “/s/” and followed by the words “by permission”

(e.g., “/s/ Jane Doe by permission”); or

(b) containing the handwritten signatures of each person on a scanned

document.

(3) Signatures of justices, judges, and other court officials. If the signature of a

justice, judge, or other court official (e.g., a court commissioner or clerk) is

required on a document, an electronic signature may be used. The electronic

signature shall be treated as the justice’s, judge’s, or court official’s personal

signature for purposes of CR 11, all other Kentucky Rules of Civil Procedure,

any applicable statutes, the Local Rules of Court, and any other purpose for

which the signature is required in connection with proceedings before the

court.

(4) Documents required to be notarized, acknowledged, verified, or made under

oath. The court will maintain the scanned image of any notarized,

acknowledged, verified, or sworn document as the official court record, and the

eFiler must retain the originally executed document in accordance with Section

18of these rules. The court may require the eFiler to produce the original

document if validity of a signature is challenged.

(5) Challenging or disputing authenticity.

(a) A non-filing signatory or party who disputes the authenticity of an

eFiling with a non-attorney signature, or the authenticity of the signature

on that eFiling; or the authenticity of an eFiling containing multiple

signatures, or the authenticity of the signatures on that eFiling, must file

an objection to the eFiling within fourteen (14) days of service of the

document. An objection to the eFiling shall place a burden on the eFiler

to prove authenticity. Failure to prove authenticity by the eFiler will

result in the eFiling being stricken from the record.

(b) If a non-filing signatory or party wishes to challenge the authenticity

of an eFiling or signature on an eFiling after the fourteen (14) day period,

the non-filing signatory or party shall file a motion to seek a ruling from

the court and show cause for the delayed challenge. If the challenge to

authenticity is allowed by the court, the eFiler shall have the burden to

prove authenticity. Failure to prove authenticity by the eFiler will result

in the eFiling being stricken from the record.

Section 13. Electronic Service of Documents

(1) Consent to electronic service through the eFiling system.

(a) An eFiler who is listed as a party or counsel for a party in an existing

action does not automatically consent to electronic service by registering

with the eFiling system as described in Section 6 of these rules.

(b) In order to consent to electronic service in a supported action, the

eFiler must either electronically transmit to the court an Entry of

Appearance or other eligible document using the eFiling system or if

available, use a supported feature to give consent in multiple cases.

(c) Electronic service through the eFiling system will not begin until the

eFiler receives either an NCP accepting the transmitted document or a

system confirmation from a supported feature as described in paragraph

(b) above.

(d) Electronic service through the eFiling system will not be made on

parties who have not consented to electronic service as described in

paragraph (b) above.

(2) Transmission of an email generated by the eFiling system, containing the

NEF and a hyperlink to the document, constitutes service under CR 5 and RAP

5. No other service on the parties who receive the email is required.

(3) Parties must serve a copy of any eFiling in the manner required by CR 5 and

RAP 5 on a party or other person entitled to service who has not consented to

electronic service in accordance with subsection (1) of this Section. It is the

responsibility of a party to review the list of eFilers who will receive electronic

service as indicated by the eFiling system and determine whether any other

persons require conventional service.

(a) Counsel for a party who has consented to electronic service in

accordance with subsection (1) of this Section will continue to receive the

NEFs generated for the action until they have filed a proper withdrawal of

appearance in the action and, if applicable, obtained an order allowing

the withdrawal.

(b) If a party who has electronically transmitted a document to the court

using the eFiling system learns or has reason to know that the eFiling

system did not generate and/or transmit an email with the NEF to

another party or person who was entitled to service, then electronic

service is not effective. To the extent service is required, the party must

serve the eFiling by traditional methods pursuant to CR 5 or RAP 5

immediately upon discovering that the email was deficient or that

transmission was otherwise unsuccessful.

(4) Service of process. Electronic service of process is not permitted for

purposes of obtaining jurisdiction over persons or property, i.e., CR 4 service,

with the exception of the service of summons on a cross, counter, or third-party complaint where the defendant to such complaint is an eFiler who has

already consented to receive electronic service in the action in accordance with

subsection (1) of this Section. All other service of process must be effected in

the traditional manner. The plaintiff or petitioner need not present the

summons to the clerk along with the initiating document; the clerk will

generate the summons and issue it as set out below in paragraphs (a) and (b).

The summons shall bear the date and time indicated on the NEF, regardless of

when the clerk processes the eFiling and issues an NCP.

(a) Summonses will be issued as follows:

(i) For service by certified mail under CR 4.01(1)(a), the clerk will

issue the summons, and cause service of the summons and

complaint to be made via certified mail;

(ii) For service by the sheriff under CR 4.01(1)(b), the clerk will

issue the summons and cause the summons and complaint to be

transferred to the sheriff for service;

(iii) For service by a process server or other authorized person

under CR 4.01(1)(b), other than the sheriff, the summons will be

issued by the clerk and electronically returned to the initiating

party for service; or

(iv) At the request of the initiating party, in accordance with CR

4.01(1)(c), the clerk will issue the summons and electronically

return it to the initiating party for service.

(v) For service by warning order attorney under CRs 4.05, 4.06,

and 4.07, the party requesting the warning order attorney shall

upload a copy of the affidavit as provided by CR 4.06. Such

affidavits shall be filed as stand-alone documents and not included

within the body of an initiating document or pleading. The clerk

shall appoint a practicing attorney of the court to serve as warning

order attorney for the defendant pursuant to CR 4.07. The eFiling

system may assess a non-refundable deposit for the warning order

attorney, which may or may not constitute the entirety of his or

her legal fees under CR 4.07(6).

(vi) For service of process through the Secretary of State in

accordance with KRS 454.210, the clerk will issue the summons,

and cause copies of the summons and attested copies of the

initiating party’s complaint to be transferred to the Secretary of

State.

(b) The return of service must be imaged in a PDF or PDF/A format and

electronically transmitted to the court using the eFiling system by the

party at whose request the summons was issued and served if proof of

service is returned to that party.

(5) Service of subpoenas. Subpoenas issued pursuant to CR 45 must be served

as provided in CR 45.03(1) and not by use of the eFiling system. Notices

required to be served on each party pursuant to CR 45.03(3) may be served

electronically by mutual consent consistent with CR 5.02, but not via the

court’s eFiling system. Proof of service pursuant to CR 45.03(1) and RCr 7.02

may be electronically transmitted to the court using the court’s eFiling system.

(6) Certificate of Service. A certificate of service must be included with all

eFilings. A certificate of service must show parties who received service and the

manner in which they were served.

(7) Additional time after electronic service. Electronic service under these rules

is treated the same as service by mail under CR 6.05 for the purpose of adding

three (3) days to the prescribed period.

Section 14. Entry of Orders and Notice of Entry

(1) Entry of orders. All orders, decrees, judgments, and any other documents

entered or issued by the court may be electronically transmitted to the eFiling

system for filing in accordance with these rules.

(a) Such filing will constitute entry by the clerk pursuant to CR 58 and

CR 79.

(b) An order containing the electronic signature of a justice or judge will

have the same force and effect as if the justice or judge had affixed a

signature to a paper copy of the order and the order had been entered in

a conventional manner.

(2) Notice of entry.

(a) Immediately upon the entry of an order or judgment in an action, an

NEF, styled as a Notice of Entry, with a hyperlink to the document, will

be automatically generated by and published within the eFiling system.

The clerk will transmit notice to those parties in the case who have

consented to electronic service in accordance with Section 13(1) of these

rules. Electronic transmission of an email generated by the eFiling

system, containing the NEF and a hyperlink to the document, constitutes

service of the notice in accordance with CR 77.04 and RAP 40.

(b) The clerk must serve notice in paper form to a party or other person

entitled to service who has not consented to electronic service in

accordance with Section 13(1) of these rules, to the extent notice is

required.

Section 15. Court Record

(1) The clerk will print all eFilings and maintain a paper file in each case. The

paper file will constitute the official court record.

(2) Conventionally filed or court-generated documents may be scanned by the

clerk. The original documents will be maintained in the paper file.

(3) When the law requires the filing of an original document, such as a will,

voucher, bond, oath, mortgage document, birth certificate, foreign judgment, or

other certified or verified document, the eFiler must scan the original document

and electronically transmit to the court the scanned document using the

eFiling system. The eFiler must either (i) retain the original document in

accordance with Section 18 of these rules; (ii) file the original document with

the appropriate agency or officer as may be required by law; or (iii) file it

conventionally with the court when necessary for actions involving original

documents.

(4) Electronic receipts may be generated for financial transactions. In the event

a receipt is generated, the court’s file copy shall be retained in electronic

format.

(5) Notwithstanding subsection (1) of this Section, the Kentucky Supreme

Court may designate pilot counties where the electronic court record may be

designated as the official court record.

Section 16. Access to Electronic Court Case Information

(1) eFilers who are also authorized CourtNet users may be assessed a CourtNet

subscription fee and additional costs for accessing case details and viewing

images of eFilings through CourtNet.

(2) To the extent authorized, eFilers may be able to view case entries and

images of eFilings through CourtNet at no cost if they have electronically

transmitted documents to the court in the action using the eFiling system.

(3) Certain categories of documents containing sensitive information may be

designated as protected images and may only be viewable to parties associated

with the case in CourtNet.

(4) Access to confidential cases in CourtNet may be available to persons

authorized by statute, except that non-government parties may be required to

electronically transmit to the court an Entry of Appearance or other eligible

document in the action using the eFiling system in order to access the case

details or images in CourtNet. Sealed cases are not a supported case type and

are not viewable in CourtNet.

Section 17. Fees, Costs, and Payment Methods

(1) Fees, including but not limited to filing fees, bond fees, and judicial sale fees

are due and payable at the time an eFiler electronically transmits the

document to the court through the eFiling system unless the fee is waived by

order of the court, the fee is not due or payable, the eFiler also transmits an

affidavit to proceed in forma pauperis, or the court makes alternative

arrangements with the eFiler. Payment of filing fees and other court costs must

be made by credit card or electronic check through the KCOJ payment systems

vendor.

(2) Other costs.

(a) Service of process. In actions where certified mail, sheriff service, and

Secretary of State service is requested, printing cost shall be $0.10 per

page.

(b) Transaction fees for electronic payments may be assessed by the

KCOJ payment systems vendor.

(3) All fees and costs listed in this Section shall be taxed as costs in the action

pursuant to CR 54.04 and shall be recoverable by the prevailing party.

(4) The AOC’s centralized printing and mailing facility may be designated to

print and distribute or mail eFilings and other related documents.

(5) Electronic payments received through the eFiling system, including

payments made pursuant to RAP 2(H), are deemed to have been made at the

time the filing was transmitted to the court using the eFiling system.

Section 18. Retention Requirements

(1) Original documents and documents containing original signatures. An

eFiling that is scanned image of either an original document or a document

containing an original signature must be maintained in paper form by the

eFiler until all periods for appeals have expired, unless it is an original

document that was either required by law to be filed with an agency or officer

or filed conventionally with the court. Original documents or documents

containing an original signature are not required to be retained if the signature

is that of an attorney or named party in the case who may personally verify and

give proof as to the authenticity of the signatures. Upon the request of the

court or other party, the eFiler must provide the original document for review

or inspection.

(2) Discovery documents. Pursuant to CR 5.06, the party responsible for service

of a discovery document not filed of record, including interrogatories, requests,

and answers and responses thereto, notices, and subpoenas will be the

custodian and must retain the original document. The custodian must provide

access to all parties of record during the pendency of the action.

Section 19. Technical Difficulties; System Unavailability

(1) Jurisdictional deadlines. Some deadlines are jurisdictional and cannot be

extended. A technical failure, including a failure of the eFiling system, will not

excuse a failure to comply with a jurisdictional deadline. The eFiler must

ensure that a document is timely transmitted to the court using the eFiling

system to comply with jurisdictional deadlines and, where necessary to comply

with such deadlines, the eFiler must file the document conventionally

accompanied by a certification of the necessity to do so in order to meet a

jurisdictional deadline.

(2) Technical failures.

(a) If an eFiler experiences a technical failure as defined herein, the eFiler

may file the document conventionally, provided that the document is

accompanied by a certification signed by the eFiler, that the eFiler has

attempted to file the document electronically at least twice, with those

unsuccessful attempts occurring at least one (1) hour apart. The clerk

may require the document to be accompanied by a disk or CD-Rom

which contains the document in PDF or PDF/A format.

(b) The initial point of contact for an eFiler experiencing technical

difficulty transmitting a document electronically to the court using the

eFiling system will be the AOC’s eFiling help line at the number(s) listed

on the Court of Justice’s website. The help line will be available during

the AOC’s regular business hours, 8:00 a.m. until 5:30 p.m., eastern

time, Monday through Friday (excluding holidays).

(c) An eFiler who suffers prejudice as a result of a technical failure as

defined herein or an eFiler who cannot file a time-sensitive document

electronically due to unforeseen technical difficulties, other than a

document filed under a jurisdictional deadline, may seek relief from the

court. Parties may also enter into an agreed order deeming a document,

other than one filed under a jurisdictional deadline, timely filed.

(3) Anticipated system maintenance and downtime. When the eFiling system

will not be available due to scheduled maintenance, a notice will be posted on

the court’s website of the date, time, and anticipated length of the

unavailability.

(4) Unanticipated downtime. When the eFiling system is unexpectedly unable to

accept filings continuously or intermittently for more than one hour,

registrants will be notified of the problem by the posting of a notice of the

problem on the court’s website.

Section 20. Technical Assistance

An eFiler experiencing technical difficulty filing a document electronically may

contact the AOC’s eFiling help line at the number(s) listed on the Court of

Justice’s website. The help line will be available during the AOC’s regular

business hours, 8:00 a.m. until 5:30 p.m., eastern time, Monday through

Friday.

This Order shall be effective upon entry and until further Order.

Entered this 17th day of June 2024.

All sitting; all concur.

__________________________________________

CHIEF JUSTICE