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Section 8 Electronic filing in district and circuit courts

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic FilingEffective: January 19, 2023

Baldwin's Kentucky Revised Statutes Annotated
Administrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic Filing
Effective: January 19, 2023
KY Administrative Procedures E-Filing, AP E-Filing, Sec. 8
Section 8 Electronic filing in district and circuit courts
(1) In order to become an eFiler in a supported action, the eFiler must electronically file an Entry of Appearance or any other supported document in that case, or the eFiler may use a supported feature for the purpose of opting into cases. Registering as an eFiler does not automatically opt an eFiler into the eFiler's other existing cases. Registration is not complete until the clerk transmits a Notification of Court Processing accepting the filing. Electronic service through the eFiling system will not be made on parties associated with the case who are not registered eFilers.
(2) Notice of Electronic Filing.
(a) Upon the filing of a document, a Notice of Electronic Filing (NEF), with a hyperlink to the electronic document, will be automatically generated by the eFiling system, and sent via email to the email addresses of all parties who have registered in the case. The NEF will record the date and time of the filing of the document in the time zone of the receiving court.
(b) All notices of electronic filing and other system notifications will be viewable in the eFiling system under the “Notifications” screen.
(c) In addition to the caption requirements set out in CR 10.01, each document filed electronically will receive a stamp by the eFiling system indicating the document has been electronically filed.
(3) Filing. Except for filings pursuant to Section 9 of this Order, the electronic transmission of a document to the eFiling system in accordance with the procedures specified in these rules, together with the generation and transmission of a Notice of Electronic Filing from the court with a hyperlink to the electronically filed document, constitutes filing of the document for all purposes of the Kentucky Rules of Procedure.
(a) A document filed electronically is deemed filed on the date and time stated on the Notice of Electronic Filing from the court, regardless of when the eFiler actually transmitted the document or when the clerk actually processed the envelope.
(b) Filing a document electronically does not alter the filing deadline for that document. Filing 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, the presiding 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 filing the document. A document will not be considered filed until the eFiling system generates a Notice of Electronic Filing with a hyperlink to the electronically filed document.
(d) While the eFiling system is designed to accept filings 24 hours a day, it may not always be available due to scheduled maintenance or technical difficulties experienced by the eFiler or system. eFilers are encouraged to file 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 electronic filing will create a case entry using the information provided by the eFiler to record the document filed. If errors in the filing or case entry are discovered by the clerk, the clerk may:
(a) make minor corrections to the case entry, with or without notifying the parties;
(b) return the envelope to the eFiler indicating what further action, if any, is required to address the error. Filers notified of an error through a Notification of Court Processing shall make corrections within two (2) business days of receiving the returned envelope from the clerk. Corrections shall be made in good faith and limited to the specified error(s) identified in the Notification of Court Processing. Timely correction shall preserve the original date and time found on the Notice of Electronic Filing. 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 an electronically submitted document requires leave of court, such as an amended complaint or a document to be filed out of time, the eFiler should attach the proposed document as an attachment to the motion requesting leave to file. If the court grants the motion and allows the proposed document, the eFiler must refile the proposed document to make it part of the record.
(b) If the eFiler is submitting 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, the order or other documents may be submitted in PDF or PDF/A format as well as an editable format in .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 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 electronic filing procedures.

Credits

HISTORY: Amended by Order 2023-02, eff. 1-19-23. Amended by Order 2022-65, eff. 12-20-22; prior amendments eff. 8-1-18 (Order 2018-11), (Order 2015-02); adopted by Order 2014-09, eff. 5-1-14
Administrative Procedures E-Filing, AP E-Filing, Sec. 8, KY ST ADMIN E-FILING AP E-Filing, Sec. 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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