Key 2019 Updates to California Court Rules and eFiling
Understand the major 2019 California court rule changes, with a special focus on eFiling, eService, and local rule updates.
2019 Updates to California Court Rules: A Practical Guide for Legal Professionals
Each new year brings a fresh wave of changes to the California Rules of Court and to the local rules adopted by individual superior courts. For 2019, many of the most significant updates focused on electronic filing (eFiling), electronic service (eService), and the continuing transition away from paper-based procedures at both the state and county levels.
This guide distills the major rule changes that took effect in 2019, with an emphasis on what they mean for attorneys, legal support staff, and self-represented litigants who need to comply with evolving electronic practice requirements in California courts.
Why 2019 Was a Pivotal Year for California Court Rules
The Judicial Council of California periodically reviews and amends statewide rules to promote consistency, access to justice, and efficient use of technology across the trial and appellate courts. In parallel, each superior court adopts local rules that supplement statewide requirements and adapt procedures to local needs.
In 2019, statewide amendments addressed:
- Consent to electronic service and how parties agree to receive documents electronically.
- Technical and numbering changes to various rules to harmonize them and clarify obligations.
- Ongoing alignment between the California Rules of Court and local practice, especially for eFiling and remote access to court records.
At the same time, multiple counties updated their own local rules to either mandate or expand permissive use of eFiling for civil, family, probate, and other case types, while also refining procedures for confidential filings, discovery, and pretrial practice.
Statewide Focus: Electronic Service and Technology-Driven Rules
Several statewide amendments effective January 1, 2019, related to the use of technology in filing and serving documents. Although many of the changes were technical, a few had direct practical impacts on how practitioners manage service and court communications.
Modernized Consent for Electronic Service
California’s rules on electronic service were updated in 2019 to clarify how parties consent to be served by electronic means. The prior framework allowed consent to be implied simply by electronically filing any document with the court. The 2019 amendments moved away from this implied consent model toward a more explicit, documented agreement.
In practice, this shift means that attorneys and self-represented litigants must be more deliberate about how they signal agreement to eService, often by using court-approved forms or registering with an electronic filing service provider (EFSP) subject to specified terms of service.
Technical Adjustments and Rule Renumbering
Beyond eService, the Judicial Council periodically issues comprehensive amendment packages that include:
- Renumbering or relettering rule subdivisions for consistency,
- Updating cross-references to other rules and statutes, and
- Conforming language across related rules to reduce ambiguity.
The 2019 amendments included such technical revisions for several technology-related rules, such as those governing electronic filing, signatures, and electronic access to court records.
Local Rules: Expansion of eFiling Across California Counties
While the statewide rules establish the overall framework, it is the local rules of each superior court that determine when eFiling is mandatory, which case types are included, and which documents remain exempt. Throughout 2019, a number of counties updated their rules to:
- Introduce new mandatory eFiling programs,
- Broaden permissive eFiling to additional case types, and
- Refine lists of exempt documents that must still be submitted in paper form.
Because local rules typically take effect on January 1 or July 1 of each year, practitioners must review them regularly to ensure filings are compliant with current mandates.
Typical Themes in 2019 Local Rule Changes
Although the details vary by county, the 2019 local rule packages shared several recurring themes:
- Mandated eFiling in additional case types such as civil, family law, and probate.
- Pilot programs for electronic submission of documents in limited case categories.
- Expanded permissive eFiling to new areas including, in some courts, criminal matters.
- Clarification of confidential filing procedures and how to lodge or seal documents in an eFiling environment.
- Refined lists of eFiling exceptions, including certain original orders, judgments from other jurisdictions, or special writ materials.
Illustrative County-Level Trends
The following table provides a high-level illustration of the types of changes California superior courts implemented in 2019. These examples are representative of broader trends but are not exhaustive of all rule changes statewide.
| Type of Local Change (2019) | Common Impact on Practice |
|---|---|
| New mandatory eFiling rules for civil, family, or probate cases | Attorneys in affected case types must file electronically, often via an approved EFSP, and may face rejection of paper filings unless exempt. |
| Permissive eFiling expanded to additional case categories | Lawyers gain the option (but not the obligation) to submit filings electronically in new case types, improving flexibility and efficiency. |
| Electronic submission pilot programs | Courts test limited-scope eFiling or eDelivery procedures, typically accompanied by detailed technical requirements in local rules. |
| Updated lists of exempt documents | Original wills, certain orders signed by judicial officers, or out-of-state subpoenas may need to be filed in paper, even when most documents are eFiled. |
| Clarified procedures for confidential or sealed filings | Courts spell out when and how to lodge sealed materials, often requiring a separate electronically filed coversheet identifying confidential documents. |
| Discovery and pretrial practice revisions | Some courts adopt or refine processes like Informal Discovery Conferences to streamline disputes and reduce motion practice. |
Practical Implications of 2019 Rule Changes
The 2019 amendments, taken together, underscore a few practical realities for litigators and support staff working in California courts.
1. Electronic Filing Is Becoming the Norm
California’s broader move toward eFiling is supported by the statewide rules, which are construed to authorize electronic filing and service where feasible. By 2019, many superior courts had already either mandated eFiling in certain case types or allowed permissive eFiling for a large share of civil matters, and that trend continued with new and amended local rules.
Where eFiling is mandatory, practitioners must:
- Register with a compatible EFSP,
- Understand formatting and bookmarking requirements for PDF documents, and
- Build in extra time for potential technical issues that could delay acceptance of filings.
2. Explicit Consent to eService Is Increasingly Important
The 2019 amendments to statewide rules on electronic service emphasize clear, affirmative consent—a concept that mirrors broader developments in electronic communication and privacy law. Rather than assuming that any electronic filing automatically signals consent to receive service electronically, courts now rely more on:
- Documented agreements with electronic filing service providers, and
- Designated forms or notices filed with the court confirming eService addresses.
For practitioners, this requires more intentional handling of service preferences, careful tracking of email or electronic service addresses, and coordination among all parties to avoid disputes about the validity of service.
3. Confidentiality and Public Access Must Be Balanced
California’s rules and local practices must balance the public’s right of access to court proceedings with the need to protect privacy, particularly for minors, victims, and other vulnerable participants. This balance is especially delicate in an electronic environment where filings are easier to distribute and access.
Some 2019 local rule updates refined how parties should:
- Redact sensitive information from pleadings and exhibits,
- Identify confidential materials in electronically filed cover sheets, and
- Request orders to seal or lodge documents under seal in a manner compatible with eFiling systems.
Practitioners must be vigilant about confidentiality rules not only to comply with court requirements but also to protect clients from unintended public disclosure of sensitive information.
4. Local Rules Are Dynamic and Must Be Monitored
California superior courts update their local rules on a regular schedule, often every January 1 and July 1, and post both current and proposed rules on their official websites. Many court sites also provide redlined versions or summaries to highlight key changes. Because local rules can differ significantly from county to county, statewide practitioners cannot rely on a single standardized practice for all courts.
Regular review of local rules is particularly critical for:
- Multi-county practices,
- Self-represented litigants unfamiliar with local variations, and
- New case types (such as guardianships, complex civil, or limited pilot programs) that may have unique electronic submission requirements.
Compliance Tips for Navigating 2019 and Beyond
Although the specific rule numbers and local provisions will continue to evolve, several general strategies can help ensure compliance with both statewide and local requirements.
Tip 1: Always Check the Current California Rules of Court
The Judicial Council maintains the official, up-to-date text of the California Rules of Court, including summaries of newly adopted and amended rules. Before preparing a filing, practitioners should verify:
- Whether any recent statewide amendments affect filing, service, or format, and
- Any cross-referenced rules for appeals, writs, or specialized proceedings.
Tip 2: Read Local Rules in Full, Not Just Summaries
County websites often provide short summaries, but the binding requirements appear in the full text of the local rules. To avoid missed details:
- Consult the latest compiled local rules PDF or HTML version for the relevant court.
- Pay special attention to sections on eFiling, technical specifications, and exemptions.
- Review any local standing orders that may supplement the rules.
Tip 3: Coordinate eService Agreements at Case Initiation
When opening a case, attorneys can streamline later practice by addressing electronic service at the outset. Best practices include:
- Confirming each party’s preferred eService address and documenting consent under applicable rules,
- Ensuring all staff understand where service notifications will be sent, and
- Updating service information promptly whenever contact details change.
Tip 4: Use Official Forms and Guidance Materials
The Judicial Council publishes official forms and instructions that align with the California Rules of Court. In addition, many county courts provide localized checklists, FAQs, and instructional guides on eFiling and eService. Using these materials can reduce rejection rates for filings and improve compliance with formatting rules.
Frequently Asked Questions (FAQs)
Q1: How can I find out which 2019 rule changes apply to my case?
To determine which changes apply, start with the California Rules of Court page maintained by the Judicial Council, which lists new and amended rules by effective date. Then, check the website of the specific superior court where your case is pending for current local rules and any 2019 updates that affect your case type.
Q2: Are all California courts now requiring eFiling?
No. While many superior courts have implemented mandatory or permissive eFiling for certain case types, requirements still vary by county and by case category. Some courts limit mandatory eFiling to civil matters, while others extend it to family or probate cases, and a few rely more heavily on electronic delivery or pilot programs. Always confirm the local rule set for your specific court.
Q3: If my court mandates eFiling, can I still submit paper documents?
Only in limited situations. Courts that mandate eFiling typically list specific exempt documents that must or may still be filed in paper form, such as original wills, certain judicial orders, or documents that cannot reasonably be converted to electronic form. Litigants who lack reliable access to technology or who have disability-related barriers may request appropriate accommodations or exemptions, subject to local procedures.
Q4: How do statewide rules interact with local rules?
Statewide rules adopted by the Judicial Council provide the overarching framework and must be followed in all California courts. Local rules may supplement but cannot conflict with statewide rules. When both apply, practitioners must comply with the statewide rule and any additional, consistent local requirements. If there appears to be a conflict, statewide rules generally control, but practitioners should seek clarification from the court or applicable authority.
Q5: Where can I see the official text of the 2019 amendments?
The Judicial Council publishes official PDFs of rule amendment packages, including those adopted in 2018 and 2019 with effective dates in 2019. These documents include redlined language and detailed histories of each rule amendment, which can be valuable for understanding how and why specific provisions changed.
References
- New & Amended Rules — Judicial Council of California. 2019-09-01. https://courts.ca.gov/rules-forms/rules-court/new-amended-rules
- Amendment to the California Rules of Court (Effective January 1, 2019) — Judicial Council of California. 2018-09-21. https://courts.ca.gov/system/files/rules-court/2018-09-21-rules-effective-2019-01-01.pdf
- 2019 California Rules of Court — Judicial Council of California. 2019-01-01. https://www.lacourt.org/newsmedia/uploads/14201911492552019CaliforniaRulesofCourt1.150.pdf
- Amendments to the California Rules of Court (Effective September 1, 2019) — Judicial Council of California. 2019-05-17. https://courts.ca.gov/system/files/rules-court/2019-05-17-rules-effective-2019-09-01.pdf
- Local Rules of the Superior Court of California, County of Contra Costa — Contra Costa Superior Court. 2019-01-01. https://www.cc-courts.org/local-rules/docs/2019LocalCourtRules.pdf
- Local Rules – Superior Court of California, County of San Joaquin — San Joaquin Superior Court. 2025-01-01. https://www.sjcourts.org/general-info/local-rules/
- California Rules of Court for eFiling — CourtFiling.net (summarizing CRC provisions). 2023-01-01. https://www.courtfiling.net/efile/california/court-rules/
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