TrueFiling in the Sixth District

The Sixth District Court of Appeal requires electronic filing through TrueFiling.

If you have not already done so, you must register with TrueFiling to electronically file documents in the court of appeal. TrueFiling is a private vendor that has contracted with the state to facilitate the electronic filing system. There is a fee for using TrueFiling, but panel attorneys can be reimbursed when submitting a compensation claim.

For those not familiar with TrueFiling, there is plenty of information available on the FDAP and CCAP websites. There is also information and training available at the website of the Court of Appeal. To learn how to TrueFile, go to http://www.truefiling.com/documentation/UserGuide.pdf for detailed instructions. You can also find videos on YouTube. Again, call TrueFiling tech support for help if you have any problems.

With TrueFiling, SDAP and the Attorney General can be electronically served. The email address for serving SDAP is servesdap@sdap.org. The email address for the Attorney General is SFAGDocketing@doj.ca.gov. When you first register for TrueFiling, you should be sure to enter the email addresses for both SDAP and the Attorney General. In this way, you will be able to electronically serve our respective offices in all cases. However, the client, the superior court, district attorney and county counsel must still be served a paper copy by mail. Going forward, SDAP will be communicating with the trial courts and various District Attorneys’ offices in order to encourage them to accept electronic service.

Although the California Supreme Court has yet to institute TrueFiling, counsel may serve a petition for review on SDAP at servesdap@sdap.org. With respect to copies of client correspondence, counsel should not use the servesdap cite. Rather, copies of client correspondence should be sent to the email address for the project buddy on the case.

If you have technical questions about how to use TrueFiling or need to troubleshoot problems you are having, you should start by contacting TrueFiling by email at support@truefiling.com or by phone at (855) 959-8868 between the hours of 8 a.m. and 6 p.m., Monday-Friday, Pacific Standard Time. SDAP is available, as always, for consultations regarding filing requirements.

Counsel should carefully review new Local Rule 2 which governs electronic filing in the Sixth District. The court has provided us with guidance regarding two aspects of the rule that differ from the local rules in other districts.

Rule 2(d)  requires that counsel must submit a single “unbound paper copy” of “briefs, writ petitions, and documentation submitted in support of a writ petition” within “two days of the electronic filing.” The court has indicated that the paper copy need not have a colored cover page. Rather, the cover page can be a white piece of paper. The document should either be stapled or attached by a paper or binder clip. The paper copy should be mailed on the same day as the electronic filing occurs. The court will not be strictly enforcing the two day requirement. Thus, counsel should not use priority or overnight mailing. Rather, first class mail is sufficient even if counsel's office is distant from San Jose. The court will accept the paper copy after the two day period has passed so long as it was timely mailed.

Like the practice in the First District, the court wants consecutive pagination throughout briefs, with page one being the cover page, page 2 being the table of contents and so on. The court also requires all briefs to have bookmarks.

Finally, any expense for the use of TrueFiling is reimbursable on both interim and final claims. TrueFiling expenses should be billed on line 9 of the expenses form.

The first time may take a while, but after a couple briefs or motions it will become a routine process.

(December 21, 2015, updated April 23, 2018)

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