Rule 30 Electronic Filing

(a) Definitions.

(1) “Electronic Filing System (E-Filing System)” is a computer system and/or software utilized by the clerk of court for receiving electronic documents submitted for filing in a court case.

(2) “Electronic Filing” (E-Filing)” is the electronic transmission of documents to a clerk of court for filing in a court case.

(3) “Electronic Document” is an electronic version of a document traditionally filed in paper form, except for documents filed by facsimile, which are addressed in GR 17. An electronic document has the same legal effect as a paper document.

(4) “Electronic signature” is an electronic or digital image of the handwritten signature or other electronic sound, symbol, or process, of an individual; attached to or logically associated with an electronic document, executed or adopted by a person with the intent to sign the electronic document, including but not limited to “/s/ [name of signatory]”.

(5) “Filer” is the person who files an electronic document through the E-Filing system.

(6) “Clerk is the clerk of the courts for Courts of Limited Jurisdiction, and Superior, Appeals, and Supreme courts.

(b) Electronic filing and service.

(1) The clerk may accept for filing an electronic document that complies with the local and statewide court rules.

(2) A document that is required by law to be filed in non-electronic media may not be electronically filed.

(3) The court or clerk may electronically transmit notices, orders, or other documents to all attorneys as authorized under local court rule, or to a party who has electronically filed or has agreed to accept electronic documents from the court, and has provided the clerk the address of the party’s electronic mailbox. It is the responsibility of all attorneys and the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.

(4) A court may adopt a local rule that mandates E-Filing by attorneys and/or electronic service of documents on attorneys for parties of record, provided that the attorneys are not additionally required to file paper copies except for those documents set forth in (b)(2). Electronic service may be made either through an electronic transmission directly from the court (where available) or by a party’s attorney. Absent such a local rule, parties may electronically serve documents on other parties of record only by agreement. The local rule shall not be inconsistent with this rule, and the local rule shall permit paper filing and/or service upon a showing of good cause. E-Filing and/or service should not serve as a barrier to access.

(c) Time of Filing, Confirmation, and Rejection.

(1) E-Filed documents accepted by the clerk during the clerk’s business hours will be deemed filed as of the date and time submitted by the filer. E-Filed documents submitted outside the clerk’s business hours, once accepted, will be considered filed at the beginning of the next court business day.

(2) The clerk shall issue confirmation to the filer when an electronic document has been accepted. Absent confirmation, there is no presumption the electronic document was received for filing. The filer is responsible for verifying receipt of any document electronically submitted.

(3) The clerk may reject an electronic document that fails to comply with applicable policies, court rules, statutes, or other E-Filing system requirements. The clerk must notify the filer of the rejection and the reason therefor.

(d) Authentication of Electronic Documents.

(1) Procedures

(A) A person filing an electronic document through the clerk’s E-Filing system must use the system’s default authentication and authorization process. All electronic documents filed using such E-Filing systems are presumed to be authenticated.

(B) Any order or document electronically signed by a judicial officer must be filed as required by the clerk’s office policy or procedure to ensure authenticity.

(2) Signatures

(A) Attorneys and nonattorneys may use an electronic signature to sign electronic documents, signed under penalty of perjury. All electronic documents signed under penalty of perjury must include attestation language substantially similar to that set forth in GR 13. Attorneys and nonattorneys shall provide their printed name with their signature and the following contact information, if available: mailing address, e-mail address, and phone number. Attorneys must also provide their state bar number with their signature.

(B) Law enforcement officer signatures on documents signed under penalty of perjury.

(i) A citation or notice of infraction initiated by an arresting or citing officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ 2.1 and 2.2 is presumed to have been signed when the arresting or citing officer uses their user id and password to electronically file the citation or notice of infraction.

(ii) Any document initiated by a law enforcement officer is presumed to have been signed when the officer uses their user ID and password to electronically submit the document to a court or prosecutor through a statewide electronic collision and traffic records program provided by the Washington State Patrol, the Justice Information Network Data Exchange, or a local secured system that the presiding judge designates by local rule. Unless otherwise specified, the officer’s electronic signature shall be presumed to have been made under penalty of perjury under the laws of the state of Washington and on the date and at the place set forth in the citation.

(C) Multiple signatures—If the original document requires multiple signatures, the filer shall E-File the entire document, including all pages containing signatures, unless:

(i) The electronic document contains the electronic signatures of all signers; or

(ii) For a document that is not signed under penalty of perjury, the filer has the express authority to sign for an attorney or party and represents having that authority in the document.

If any of the nonelectronic signatures are of nonattorneys, the filer shall maintain the original signed paper document for the duration of the case, including any period of appeal.

(D) Court Facilitated Electronically Captured Signatures—An electronic document that requires a signature may be signed using electronic signature pad equipment that has been authorized and facilitated by the court. Said electronic document may be E-Filed as long as the electronic document contains the electronic captured signature.

(E) Judicial Officer Signatures—Any judicial officer may affix an electronic signature to any electronic document that requires a judicial officer’s signature where the court has adopted a rule, policy, or procedure allowing for electronic signing of court orders by judicial officers. Any such rule, policy, or procedure shall be consistent with this rule. The process or procedure of filing an e-signed order may be determined by clerk’s office policy or procedure. See subsection (d)(1)(B).

(3) Effect. An electronic document filed in accordance with this rule shall bind the signer and function as the signer’s signature for any purpose, including CR 11. An electronic document shall be deemed the equivalent of an original signed document and shall have the same force and effect as an original signature if the filer has complied with this rule.

(e) Filing fees, electronic filing fees.

(1) The clerk is not required to accept documents through the E-Filing system that have an associated statutory fee. If the clerk accepts electronic documents that require a fee, the clerk must develop procedures for fee collection that comply with the payment and reconciliation standards established by the Administrative Office of the Courts and the Washington State Auditor.

(2) Anyone entitled to waiver of non-electronic filing fees will not be charged electronic filing fees. The court or clerk shall establish an application and waiver process consistent with the application and waiver process used with respect to non-electronic filing and filing fees.