Rule 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.Ga. Comp. R. & Regs. R. 616-1-2-.06
O.C.G.A. §§ 50-13-40(c); 50-13-41.
Original Rule entitled "Hearings for the Department of Community Affairs" adopted as ER. 616-1-2-2 0. - 06. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Changes of Time" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Repealed: F. June 22, 2020; eff. July 12, 2020.Adopted: New Rule entitled "Electronic Filing via the Court's Electronic Filing System." F. May 18, 2022; eff. June 7, 2022.