Ga. Comp. R. & Regs. R. 616-1-2-.06 - Electronic Filing via the Court's Electronic Filing System
(1)
Availability. Electronic filing may be available
for certain classes of cases via the Court's electronic filing system. Where
available, a document may be filed using this system, unless such filing is
expressly prohibited by law, these Rules, or by court order.
(2)
Sealed documents
and in camera review. Filing via the Court's
electronic filing system is expressly prohibited for documents that, according
to law or by court order, must be filed under seal or are being presented to
the Court for in camera review.
(3)
Service.
Documents filed via the Court's electronic filing system shall comply with the
service requirements in Rule 11.
(4)
System outage or
errors. If electronic filing is prevented or delayed because of
a failure of the electronic filing system, the filer remains responsible for
filing in a timely matter by another means outlined in Rule 4(2)(b). The Court
also has discretion, upon a showing of providential cause, to enter appropriate
relief such as the allowance of filings nunc pro tunc or the
provision of extensions to respond.
(5)
Misfiled or otherwise
deficient or defective filings. Upon filing of a document via
the Court's electronic filing system, a Court staff member shall review the
document before formally accepting it into the case file. If Court staff
determine the document was misfiled or is otherwise deficient or defective, the
document shall not be added to the case file, and the filer shall receive
notice of its rejection. The filer shall retain opportunity to cure and refile
a rejected document. The Court shall retain a record of accepted and rejected
documents, including the date, time, and reason for rejection. Such records
shall be maintained until a case is finally concluded including the exhaustion
of all appeals. Absent a court order to the contrary, or where prohibited by
law, such records shall be accessible to the parties and public upon request
without the necessity for a subpoena.
(6)
Force and
effect. Electronically filed court records
have the same force and effect and are subject to the same right of public
access as are documents filed by traditional means.
Notes
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