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Rule 34 Document Requirements

Part Two: Rules of Electronic Filing and Service

(A) Requirements for Documents Filed Electronically

(1) Document Type and Format. A document submitted electronically to the court must be in the form of a file in Portable Document Format (PDF) directly converted to PDF rather than scanned (if possible), and not exceeding the maximum size allowed by the EFS. A document that exceeds the size limit must be broken down and submitted as separate files that individually do not exceed the maximum size. Separate files under this section must include in the “Filing Description” field for each submission a description that clearly identifies the part of the document that the PDF file represents.

(2) Documents Must be Submitted Separately. Except as provided in subdivision (A)(2)(a) of this Rule, all documents must be submitted individually as separate files with the same submission, unless the submission uses a court-approved form that indicates otherwise. For each separate document submitted, the detailed caption title and PDF file title must be substantially identical.

(a) Motions to revoke criminal bail and all attachments filed in criminal and juvenile cases must be submitted as one document.

(3) Consolidated Cases. When a court consolidates two or more cases for purposes of court events, including hearings, but retains separate docket numbers, a filer submitting a document that is applicable to all of those cases must electronically file and serve the document in each case, using appropriate case docket numbers.

(4) Additional Technical Format Requirements. All electronic documents shall be self-contained and must not contain live links to external papers or websites.

(B) Documents or Materials Not Filed in Electronic Format

(1) Materials that are required to be filed with the court and that cannot be converted or scanned into PDF format, such as videotapes, radiographs, and other items that are not intelligible when scanned, may be filed conventionally. The filer shall file a Notice of Conventional Filing that shall be docketed into the EFS to denote that a conventional filing has been made and that the material is being held in the clerk’s office. The filer shall serve the materials conventionally, if required.

(2) Documents or materials that must be filed conventionally are:

(a) Documents submitted or filed for purposes of in camera review by the court;

(b) A record or image that is barred from electronic transmission or storage by law, including sexually explicit images of a minor;

(c) Any filing that is not a case-initiating filing and is being filed before the case has been initiated in the CMS;

(d) Any reports, evaluations, and related documents filed by State Forensic Services; and

(e) Anything else required to be filed conventionally by law or court order.

(C) Certified Documents. Certified documents may be filed electronically. When filing a certified document electronically, the filer shall comply with Rule 37(H).

(D) Trial and Hearing Exhibits. Trial and hearing exhibits and illustrative aids that are not filed electronically as attachments to a pleading shall not be part of the electronic case file, but shall be received, held, and retained by the court until all opportunities for appeal have been exhausted and as required by law or court order.