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(5) Electronic payments received through the eFiling system, including payments made
pursuant to CR 73.02, are deemed to have been made at the time the filing was submitted.
Section 17. Retention Requirements
(1) Original documents and documents containing original signatures. An original
document such as a will, voucher, bond, oath, mortgage document, birth certificate,
foreign judgment, or other certified or verified document which has been scanned and filed
in the eFiling system pursuant to Section 14(3), and any document requiring or otherwise
containing an original signature which has been scanned and filed in the eFiling system
must be maintained in paper form by counsel and/ or the firm representing the party on
whose behalf the document was filed until after all periods for appeals expires. Original
documents are not required to be retained if the signature is that of an attorney or named
party in the case who may personally verify and give proof as to the authenticity of the
signatures. Upon the request of the court or other party, counsel must provide the original
document for review or inspection.
(2) Discovery documents. Pursuant to CR 5.06, the party responsible for service or a
discovery document not filed of record, including interrogatories, requests, and answers
and responses thereto, notices, and subpoenas will be the custodian and must retain the
original document. The custodian must provide access to all parties of record during the
pendency of the action.
Section 18. Technical Difficulties; System Unavailability
(1) Jurisdictional deadlines. Some deadlines are jurisdictional and cannot be extended. A
technical failure, including a failure of the eFiling system, will not excuse a failure to comply
with a jurisdictional deadline. The eFiler must ensure that a document is timely filed to
comply with jurisdictional deadlines and, where necessary to comply with such deadlines,
the eFiler must file the document conventionally accompanied by a certification of the
necessity to do so in order to meet a jurisdictional deadline.
(2) Technical failures.
(a) If an eFiler experiences a technical failure as defined herein, the eFiler may file
the document conventionally, provided that the document is accompanied by a
certification signed by the eFiler, that the eFiler has attempted to file the document
electronically at least twice, with those unsuccessful attempts occurring at least
one (1) hour apart. The clerk may require the document to be accompanied by a
disk or CD-Rom which contains the document in PDF or PDF/A format.
(b) The initial point of contact for an eFiler experiencing technical difficulty filing a
document electronically will be the AOC's eFiling help line at the number(s) listed
on the Court of Justice's website. The help line will be available during the AOC's
regular business hours, 8:00 a.m. until 5:30 p.m., eastern time, Monday through
Friday (excluding holidays).
(c) An eFiler who suffers prejudice as a result of a technical failure as defined
herein or an eFiler who cannot file a time-sensitive document electronically due to
unforeseen technical difficulties, other than a document filed under a jurisdictional
deadline, may seek relief from the court. Parties may also enter into an agreed
order deeming a document, other than one filed under a jurisdictional deadline,
timely filed.