Rule 5.3.12 - Filing and electronic filing requirements(A) Filing. Pleadings or petitions presented to the clerk for filing shall be filed only when accompanied by the proper filing fee, fee for sheriff service, or a pauper's affidavit, and, when applicable, any forms required by law or rule to be completed by the parties. The attorney or party filing the petition shall furnish the necessary service copies.
(B) Electronic filing. For electronic transmission of documents in electronic form to the court, all imaging must be in compliance with the imaging standards issued by the Judicial Council of Georgia. Filings submitted electronically shall comply with all other provisions of paragraph (A) of this rule except the manner of filing.
1. Availability. Electronic filing may be made available in probate court in conformity with statewide minimum standards and rules for electronic filing adopted by the Judicial Council of Georgia. However, special provisions are required for all matters which require special confidentiality, including, but not limited to, matters under OCGA Titles 29 or 37 and weapons carry license applications.2. Documents that may be filed electronically. Where electronic filing is available, a document may be electronically filed in lieu of paper by the court, the clerk, and any registered filer unless electronic filing is expressly prohibited by law, these rules, or court order. Electronic filing is expressly prohibited for documents that according to law must be filed under seal or presented to a court in camera or for documents to which access is otherwise restricted by law or court order. This includes, but is not limited to, a last will and testament, a surety bond, and documents necessary for service. The original last will and testament and/or codicil of a decedent shall be filed with the probate court within ten days of any electronic filings unless otherwise authorized under OCGA § 53-4-46 or pursuant to Georgia law. The original last will and testament and/or codicil shall be filed before final order and letters testamentary will issue. The original hard copy of the surety bond shall always be filed with the court. The petitioner or the petitioner's attorney is responsible for submitting to the court prepared documents and envelopes so that service can be perfected by the clerk in hard copy format (i.e., completed return of service for the sheriffs department and envelopes that are properly addressed and stamped with adequate postage). Documents to which public access is otherwise restricted by law, court order, or court rule, may be filed electronically. Once filed, access to such files shall be restricted from public access except by parties authorized by law, court order, or court rule.3. Signatures. (a) An electronically filed document is deemed signed by the registered filer submitting the document. The filer agrees that submitting the documents electronically creates the same good faith obligations as the original signature creates on a paper document. By electronically filing the document, the filer verifies that the signatures are authentic.(b) Documents of consent and acknowledgment of the petition signed by a party other than the petitioner shall be created with a wet signature and written initials, when required, and properly notarized and sealed. These documents may be uploaded through the electronic filing system.4. Electronic service. Upon filing, an electronically filed document is deemed served on all parties and counsel who have waived any other form of service by registering with the electronic filing system to receive electronic service in the case, and who receive notice via the system of the document's filing.5. 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.6. Self-represented parties. To protect and promote access to the courts, courts shall reasonably accommodate self-represented parties by accepting and then converting and maintaining in electronic form paper pleadings or other documents received from self-represented parties.7. Procedure for handling misfiled or otherwise deficient or defective e-filings. Upon physical acceptance and review of an electronic filing and discovery that it was misfiled or is otherwise deficient or defective, a clerk shall as soon as practicable provide the filer notice of the deficiency or defect and an opportunity to cure or, if appropriate, reject the filing altogether. In any case, the clerk shall retain a record of the action taken by the court in response, including date, time, and reason. Such records shall be maintained until a case is finally concluded, including the exhaustion of all appeals. Absent a court order to the contrary, such records shall be accessible to the parties and public upon request without the necessity for a subpoena. Amended effective June 16, 2022.