Section 19 - 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 transmitted to the court using the eFiling system 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 transmitting a document electronically to the court using the eFiling system 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.(3) Anticipated system maintenance and downtime. When the eFiling system will not be available due to scheduled maintenance, a notice will be posted on the court's website of the date, time, and anticipated length of the unavailability.(4) Unanticipated downtime. When the eFiling system is unexpectedly unable to accept filings continuously or intermittently for more than one hour, registrants will be notified of the problem by the posting of a notice of the problem on the court's website.Ky. Admin. P. Ct. Justice. 19
Adopted by Order 2014-09, eff. 5/1/2014; amended by Order 2015-2, eff. 1/15/2015; amended by Order 2018-11, eff. 8/1/2018; amended by Order 2022-65, eff. 12/20/2022; amended by Order 2022-65, eff. 1/19/2023; amended by Order 2024-17, eff. 6/17/2024.