Section 8 - Electronic Filing in District and Circuit Courts(1) Notice of Electronic Filing.(a) Upon the electronic transmission to the court of a document using the eFiling system, an NEF, with a hyperlink to the document, will be automatically generated by and published within the eFiling system. The NEF will record the date and time of the transmission of the document in the time zone of the receiving court.(b) All NEFs and other system notifications are published in the eFiling system under the "Notifications" screen.(c) In addition to the caption requirements set out in CR 10.01, all eFilings will receive a stamp by the eFiling system indicating the document has been electronically filed.(2) Filing. Except as provided in Section 9 of these rules, the electronic transmission of a document to the eFiling system in accordance with the procedures specified in these rules, together with the generation and publication of an NEF in the eFiling system, with a hyperlink to the document, constitutes the filing of a document for all purposes of the Kentucky Rules of Procedure.(a) An eFiling is deemed filed on the date and time stated on the NEF, regardless of when the eFiler actually transmitted the document or when the clerk actually processed the envelope.(b) Use of the eFiling system does not alter the filing deadline for that document. An eFiling must be completed BEFORE MIDNIGHT, in the time zone of the receiving court, in order to be timely filed. However, if time of day is of the essence, a justice or judge may order a document filed by a certain time.(c) Emailing a document to the clerk's office or to the presiding judge does not constitute an eFiling or a filing of the document. A document will not be considered filed until the eFiling system generates and publishes an NEF with a hyperlink to the document.(d) While the eFiling system is designed to accept transmissions 24 hours a day, it may not always be available due to scheduled maintenance or technical difficulties experienced by the eFiler or the eFiling system. eFilers are encouraged to transmit documents in advance of filing deadlines and during normal business hours in the event assistance or support is needed from the AOC's eFiling help line.(4) Case entries. The clerk receiving an eFiling will create a case entry using the information provided by the eFiler to record the document filed. If errors in the document or case entry are discovered by the clerk, the clerk may:(a) make minor corrections to the case entry, with or without notifying the eFiler or parties;(b) return the envelope to the eFiler indicating what further action, if any, is required to address the error. eFilers notified of an error through an NCP shall make corrections within two (2) business days of receiving the returned envelope from the clerk and retransmit the document electronically to the court using the eFiling system. Corrections shall be made in good faith and limited to the specified error(s) identified in the NCP. Timely correction shall preserve the original date and time found on the NEF. Failure to make corrections could result in a failure to comply with applicable deadlines. Local rules regarding motion hour deadlines are unaffected by this subsection; or(5) Proposed or tendered documents. (a) If the filing of a document requires leave of court, such as an amended complaint or a document to be filed out of time, the eFiler should transmit to the court a motion requesting leave to file with the proposed document as an attachment. If the court grants the motion and allows the filing of the proposed document, the eFiler must electronically transmit to the court the allowed document using the eFiling system to make it part of the record.(b) If the eFiler is electronically transmitting to the court a proposed order or other proposed or tendered documents such as, but not limited to, judgments, findings of fact and conclusions of law, or jury instructions using the eFiling system, the order or other documents may be transmitted in PDF or PDF/A format as well as an editable .doc format capable of being read by Microsoft Word, and should be identified as "proposed."(6) Attachments and exhibits. Attachments and exhibits which do not conform to the requirements set out in Section 7 of these rules or which cannot be scanned and converted to a PDF or PDF/A (i.e., video or audio recordings, large maps, etc.) must be filed conventionally, with electronic notice to all parties. A party must serve conventionally filed materials on other parties as if not subject to these rules.Ky. Admin. P. Ct. Justice. 8
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.