Represented Parties: All parties represented by attorneys in all non-criminal cases must file and serve documents electronically, except when personal service is required by statute or rule, and excluding ex parte applications which shall be submitted to the court as directed by the Local Rules of the Division in question.

Self-Represented Parties: Self-represented parties are not required to file and serve documents electronically. They may continue to file, serve, and receive paper documents by non-electronic means according to all statutory requirements and the California Rules of Court that apply to paper documents, unless the self-represented party affirmatively agrees to electronic filing and service.

Authority: Local General Rule 6(B)(1)

In addition to statewide exceptions under CRC 2.251, Santa Clara County requires paper filing for:

Documents That Cannot Be Filed Electronically:

• Bench warrants
• Deposits of cash or check
• Bonds
• Undertakings
• Wills and codicils
• Original orders signed by a judicial officer
• Trial exhibits

Documents That Must Be Presented in Paper Form for Issuance:

• Writs
• Abstracts and Out of State Commissions
• Sister State Judgments
• Subpoenas for Out of State Actions
• Local Form FN-022 (Order for Payment from Court Deposit)
• Local Form FN-030 (Payee Data Record)
• Certificate of Facts Re: Unsatisfied Judgment

Trial Pleadings:

During trial, a party may submit to the courtroom clerk and serve by hand any pleadings, as long as the pleadings are also filed electronically before the close of business no later than the following court day.

Documents Not Available in Electronic Format:

A party may be excused from filing any particular document electronically if it is not available in electronic format and it is not feasible for the party to convert the document to electronic format by scanning it to PDF or it may not be comprehensively viewed in an electronic format. Exhibits to declarations that are real objects also need not be filed electronically. Such a document or exhibit may be manually filed with the Clerk of the Court and served upon the parties by conventional non-electronic means. A party manually filing such a document or exhibit must file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.

Authority: Local General Rule 6(B)(4), (E)

In addition to California Rules of Court requirements for eFiling (rules 2.250-2.261), Santa Clara County requires:

Document Format:

• PDF Format: Documents should be submitted in searchable PDF format, and searchable PDF/A is preferable. PDF/A is a format which excludes those PDF features that give rise to concerns about the ability to archive documents.
• Exhibits: Exhibit attachments to pleadings filed electronically must be separated by a single page with a title identifying the sequence of the exhibit.
• Paper Submissions: Any pleadings or documents (except for trial exhibits) that are submitted to the Clerk in paper format must not be stapled, but instead must be held together by binder clips or two-prong fasteners.

Authority: eFiling Page; Local General Rule 6(D)(1), (F)

Santa Clara County Requirement: Effective January 1, 2024, the moving party must reserve a court hearing date prior to filing a motion. Motions filed without a court date will be rejected with instructions to obtain a court date first.

Reservation Process:

• How to Reserve: Online at CourtSchedule or by calling the Law & Motion Department at (408) 882-2430
• Timing Requirement: Moving papers must be filed within 5 business days of reserving a court date or the date will be released for use in other cases
• Applies to: All limited and unlimited civil pre-trial motions (except motions in non-CEQA mandate cases, and motions or applications concerning TROs/preliminary injunctions, writs of attachment, and writs of possession)

Meet and Confer Required: Before reserving a hearing date, the moving party must meet and confer with the non-moving party or parties to identify mutually agreeable dates.

Forfeiture of Reserved Date: Unless the court or statute otherwise requires, any reserved date for which a motion is not filed within five court days of the reservation will be forfeited and returned to the pool of available hearing dates.

Authority: Important Updates and Information for Civil Cases; Local Civil Rule 8(B)(2)

Santa Clara County Requirement: A party who is required, under these Rules, the California Rules of Court or otherwise, to lodge copies or to submit courtesy copies of certain documents at the request of the trial judge or other judge, shall continue to deliver such documents in paper form.

Civil Division Delivery: In the Civil Division, such documents shall be delivered to Court Services with the Department number on the front page.

Note: Local rules do not specify mandatory courtesy copy requirements for regular motions. Courtesy copies are provided at the request of the trial judge. The rule primarily addresses the continuation of paper delivery for documents that judges request, despite the electronic filing system.

Authority: Local General Rule 6(B)(4), (E)

Standard Requirements:

• Use standard Judicial Council forms (e.g., CM-010 Civil Case Cover Sheet)
• Follow statewide California Rules of Court requirements

Civil Lawsuit Notice: When filing a complaint or other initial pleading, the filing party must submit a blank Civil Lawsuit Notice (CV-5012) to the Clerk for issuance of Judicial Assignment, Initial Court Hearing Date, Time, and Department with the filing of the new complaint. This is a local procedural form, not a cover sheet addendum.

Authority: Review of Local Forms page and Local Civil Rules

When the complaint or other initial pleading is filed, the filing party must submit a blank Civil Lawsuit Notice (CV-5012) to the Clerk for issuance of Judicial Assignment, Initial Court Hearing Date, Time, and Department with the filing of the new complaint. 

The Civil Lawsuit Notice will only be completed and returned by the Clerk if one is provided by the filer. 

• The party who filed the initial pleading must serve a copy of the Civil Lawsuit Notice completed by the Clerk on all other parties named in the pleading. 
• A party who subsequently files a pleading that adds a new party must serve a copy of the Civil Lawsuit Notice on all new parties. 
• Service of the Civil Lawsuit Notice must be done at the same time as service of the pleading. 
• When the Civil Lawsuit Notice is served, it must reflect the most up-to-date information available concerning the date, time and location of the next CMC. 
• Therefore, the party serving the Notice must complete the information on the next CMC if the first CMC was continued or has passed.

In addition to statewide requirements for filing sealed documents under California Rules of Court (rules 2.550-2.551), Santa Clara County requires:

General Requirements:

• Electronic Filing: A motion to file documents under seal must be filed and served electronically
• Lodging Sealed Documents: Confidential documents shall be lodged or filed with the court by electronic submission in the manner described in CRC Rule 2.551(d). Such records must not be submitted in paper form, unless an exception to the mandatory electronic filing rules applies or has been granted
• Cover Sheet: A cover sheet that identifies the lodged or sealed documents must be electronically filed
• Redacted Versions: Redacted versions of any lodged or sealed documents must be filed electronically at the same time

Privacy Protection:

Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the court under this rule, such as social security numbers, and financial account numbers. (See CRC Rule 1.201.)

Authority: Local General Rule 6(B)(3); CRC 2.500-2.507, 2.550-2.551

Civil Division Cases: Unless ordered by the Court or otherwise required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors' claims, orders on objections to evidence in summary judgment motions, pro hac vice applications, applications for writs of attachment, etc.), proposed orders must not be submitted before a hearing on a regularly-noticed motion.

After Hearing: If instructed to prepare an order after a hearing, proposed orders after hearing must be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. At the same time as the EFS-020 and the PDF proposed order are lodged with the court electronically, a version of the proposed order in a fully editable word-processing format (preferably in MS Word format, and not PDF or PDF converted to a word format) must be submitted to the Court by electronic mail using an address identified on the Court's website.

Formatting Requirements: The proposed order must not include attachments. Any description of the meet and confer process required by Rules of Court, Rule 3.1312 must be submitted by way of separate declaration. The judge's signature and date lines must not be on a page by themselves; the signature page must contain substantive text.

Probate Cases: Similar requirements apply in Probate cases. Subject to any applicable exemptions, proposed orders submitted with moving papers before a hearing on a regularly-noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020, with a Word version submitted by email to an address identified on the Court's website.

Authority: Local General Rule 6(B)(6); Local Civil Rule 8(C)