eFiling Rules have been adopted by the Kentucky Supreme Court. These rules supplement other rules of practice and procedure and are deemed to comply with the Kentucky Rules of Civil Procedure. To the extent the eFiling Rules are inconsistent or otherwise conflict with the Kentucky Rules of Procedure, the eFiling Rules control in cases subject to electronic filing.
FAQs Regarding eFiling Rules
When is the deadline for documents filed on any business day?
Documents can be filed as late as 11:59 p.m., eastern time.
Does an eFiler need to present a summons to the clerk along with the initiating document?
No. The Clerk will generate a summons and issue it based on the eFiler’s requested method of service.
May subpoenas be filed electronically?
Subpoenas issued pursuant to CR 45 must be served as provided in CR 45.03(1) and not by use of the eFiling System.
When is a document considered to be “filed” for purposes of eFiling?
A document filed electronically is deemed filed on the date and time stated on the Notice of Electronic Filing from the court, regardless of when the eFiler actually transmitted the document. Filing a document electronically does not alter the filing deadline for that document.
Filing must be completed BEFORE MIDNIGHT, eastern time, in order to be timely filed. However, if time of day is of the essence, the presiding judge may order a document filed by a certain time.
If the clerk sees an error in the filing he will notify the filer of the error and what further action is required to address the error.
If I wish to file a document, may I email a copy to the clerk’s or judge’s office instead of submitting it through the eFiling system?
No. Emailing a document to the clerk’s office or to the presiding judge does not constitute filing the document. A document will not be considered filed until the eFiling system generates a Notice of Electronic Filing.
Should discovery materials be eFiled with the court?
No. The eFiling system will not be used for the electronic exchange of discovery materials and other communications between the parties that are not intended to be filed with the court.
Must electronically filed documents be redacted?
Yes. All eFilers must comply with the redaction requirements set out in CR 7.03, “Privacy protection for filings made with the court.” These requirements apply to all documents, including attachments and exhibits. The clerk will not review filings for compliance with this rule. The responsibility to redact filings rests solely with the eFiler.
eFilers are further cautioned, in accordance with CR 7.03(7), that failure to redact information deemed private by CR 7.03 and/or the inclusion of irrelevant personal information in a document, attachment, or exhibit filed electronically with the court may subject the eFiler to the disciplinary and remedial powers of the court, including sanctions pursuant to CR 11.
In the event of a technical failure with the eFiling system, how do I ensure my documents are filed on time?
If an eFiler experiences a technical failure 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.
Do technical difficulties with the eFiling system extend jurisdictional deadlines?
No. A technical failure, including a failure of the eFiling system, will not excuse a failure to comply with a jurisdictional deadline.
A “jurisdictional deadline” is defined by the eFiling rules as, “[a] deadline set by statute or rule that the court may not extend or change.”
May an eFiler obtain any form(s) of relief based on the inability to file documents on time in the event of technical failure with the eFiling system?
An eFiler who suffers prejudice as a result of a technical failure 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.
What are the signature requirements of an eFiled document?
A document electronically filed using the eFiling system may be signed in two ways.
- An eFiler may place his/her personal signature on a document, scan the document, convert it to PDF or PDF/A form, and upload it to be filed; or
- An eFiler may sign a document electronically.
- The name of the filing party’s attorney must be preceded by an “/s/” and typed in the space where the signature would otherwise appear.
- The electronic signature of the filing party’s attorney will be treated as a personal signature and will serve as a signature for purposes of CR 11, all other Kentucky Rules of Civil Procedure, any applicable statutes, the Local Rules of Court, and any other purpose for which a signature is required in connection with proceedings before the court.
How do I eFile documents requiring an original signature?
The signature on any document required to be notarized, acknowledged, verified, or made under oath must be handwritten and scanned into the eFiling system. The court will maintain the scanned document as the official court record, and the filing party must retain the originally executed copy in accordance with Section 14, Retention Requirements.