(b) Electronic Filing Authorization, Exception, Service, and Technology Equipment.
(4) Electronic Filing and Service.
(A) Mandatory Electronic Filing. Attorneys shall electronically file (e-file) all documents using the Clerk’s online eFiling application unless this rule provides otherwise. Non-attorneys are not required to e-file but may do so.
(i) Documents That Shall Not Be E-Filed. The following documents must be filed in paper form rather than e-filed:
- Original wills and codicils that do not conform to the Electronic Wills Act;
- Documents for filing in an Aggravated Murder case;
- Interpleader or Surplus Funds Petitions;
- Documents submitted for in camera review, including documents submitted pursuant to LGR 15;
- Affidavits for Writs of Garnishment and Writs of Execution;
Comment: Negotiable instruments, exhibits, and trial notebooks are examples of items that are not to be filed in the court file either in paper form or by e-filing.
(ii) Documents That May Be E-Filed. The following documents may be e-filed:
- Documents presented for filing during a court hearing or trial.
- Voluminous Documents—Voluminous documents of 500 pages or more may be e-filed or filed in paper form. • Answers to Writs of Garnishment.
- Appeals of lower court decisions.
- Documents from governments or other courts under official seal including adoption documents. If filed electronically, the filing party must retain the original document during the pendency of any appeal and until at least sixty (60) days after completion of the instant case, and shall present the original document to the court if requested to do so. This does not include documents that are or will be submitted as an exhibit in a hearing or trial.
(iii) Working Copies for E-Filed Documents. Judges’ working copies for e-filed documents may be electronically submitted to the Clerk using the Clerk’s eFiling application and pursuant to LCR 7 unless this rule provides otherwise. The Clerk may assess a fee for the electronic delivery of working copies. Working copies of documents of 500 pages or more in length shall not be submitted electronically. Working copies shall be delivered pursuant to LCR 7, LFLR 6 or the applicable rule for that case type.
(iv) Waiver of the Requirement to E-File. If an attorney is unable to e-file documents, the attorney may request a waiver. The attorney must make a showing of good cause and explain why he or she needs to file paper documents in that particular case. The Clerk will make waiver request forms available. The Clerk will consider each application and provide a written approval or denial to the attorney. Attorneys who receive a waiver shall file a copy of the waiver in each case in which they file documents. Attorneys who have received a waiver shall place the words “Exempt from e-filing per waiver filed on (date)” in the caption of all paper documents they file for the duration of the waiver.
(v) Non-Compliance with this Rule. If an attorney files a document in paper form and does not have an approved waiver from e-filing, the Clerk will assess a fee against the attorney pursuant to King County Code 4A.630.060 for each paper document filed.
(B) Mandatory Electronic Service.
(i) Effecting E-Service. When a party e-files a document, the party must electronically serve (e-serve) the document via the e-service feature within the Clerk’s online eFiling application. A related document that is not filed but which must be served —e.g., a proposed order or a document served to comply with LCR 7(b)(4)(F) — shall also be e-served via the eFiling application using the “Upload Additional Documents to E-Serve” feature. E-service under this subsection (b)(4)(B)(i) constitutes service under CR 5 and is complete as stated in CR 5(b)(7). Exceptions: This subsection (b)(4)(B)(i) does not apply when a statute or rule requires that a document be personally served on the receiving party, the receiving party is not represented by an attorney and has not registered to accept e-service, or the receiving attorney has a waiver under subsection (b)(4)(A)(iv) above.
(ii) Accepting E-Service. Attorneys must promptly register to accept e-service via the Clerk’s eFiling application in each case in which the attorney appears (unless the attorney has a waiver under subsection (b)(4)(A)(iv) above). Likewise, a party that is not represented by an attorney must promptly register to accept e-service via the Clerk’s eFiling application in each case in which the party e-files a document.
(d) Authentication of Electronic Documents.
(D) Law enforcement officer signatures on documents signed under penalty of perjury.
(ii) The Prosecutor by Karpel External View Portal is designated as a local and secure system for law enforcement to submit electronically signed documents to the King County Prosecuting Attorney for filing in Superior Court.
[Adopted effective June 1, 2009; amended effective September 1, 2010; September 1, 2011; September 1, 2012; January 1, 2014; April 1, 2014; June 27, 2014; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2022.]