Electronic Filing Terms of Use

 

Consistent with the provisions of Official Code of Georgia 15-10-53 you agree to the following:

1.  Short Title

These Terms of Usage may be referenced as “E-filing Terms.”

 

2.  Definitions

The following words or phrases used in these Terms are defined as follows:

(a) "Court" means the Magistrate Court of Cobb County, including all of the divisions of the Clerk’s Office of the Magistrate Court (“Court Clerk”).  When specificity is needed, the Office of the Clerk of Court (“Court Clerk”) may be referenced separately.

(b) “Electronic Filing” (“e-filing”) means the electronic transmission of documents to the Court, and from the Court, for the purposes of filing.

(c) “Electronic Service” (“e-service”) means the electronic transmission and notification of documents to a party, attorney or representative under these rules. Electronic service does not include service of process or summons to gain jurisdiction over persons or property.

(d) “eFlex” refers to the service provider used by the Court for e-filing and e-service of documents via the internet.

(e) “User” refers to non-court personnel designated in these E-Filing Terms who are properly registered with eFlex and meet one or more of the authorized categories for use of eFlex, and agree to the E-Filing Terms and agree to abide by the understandings, duties and waivers contained therein.

 

3.  Scope of Terms

(a) Use of eFlex for e-filing and e-service delivery of notification of documents is intended to be consistent with and in accordance with O.C.G.A. § 15-10-53.  Users agree to comply with e-filing and e-service requirements set out by law.

(b) The Court may at any time revise the E-filing Terms’ policies and procedures as needed to comply with changes in law or legal interpretation, and to facilitate use or to more accurately and efficiently create a record of the case, without notice.  Users are responsible for reviewing the E-Filing Terms for revision.

(c) The Court Clerk maintains the official case file in both original and electronic formats. Documents submitted to the Court are maintained by the Court in accordance with Georgia’s Open Records Act.

 

4.  Authorized Users

For the purpose of accessing the eFlex over the Internet, only the following members of the general public are authorized to register as eFlex users (“Users”):

(a) Attorneys licensed to practice in the State of Georgia in good standing

(b) Attorneys admitted to practice on a case pro hac vice

(c) Pro se (pro per) litigants

(d) Agents for litigants in dispossessory cases.

 

5.  User Understanding and Account Maintenance Obligations

(a) Only persons who are authorized Users and who seek to e-file or e-serve may register for an eFlex account, and only for court filings on cases currently pending before the Court for whom they are attorney of record, active party or agent for an active party in dispossessory cases.  A User who knowingly authorizes or permits his or her username or password to be utilized by another is fully responsible for said transmissions and communications over eFlex.

(b) An eFlex account for use with the Court may be requested only through https://efile.cobbcounty.org.

(c) Upon receipt of a properly executed click through user agreement, the Court Clerk shall assign to the user a confidential login and password to the system which will be used to submit documents for e-filing.

(d) By use of eFlex, the User understands and agrees that the use of a login process with a user name and password followed by an approval process serves as a replacement of a signature on filed documents and serves as an “electronic signature” under O.C.G.A. § 10-12-2.  Every pleading, document, and instrument electronically filed or served shall be deemed to have been signed by the attorney or declarant and shall bear the typed name, address, telephone number, and Bar number of a signing attorney.

(e) Users of the system shall update through eFlex within 10 days of any change in firm name, user name, delivery address, telephone number, fax number.  Users shall immediately update any e-mail address change.

(f) Contemporaneously, with the electronic filing of a civil complaint, an affidavit of a continuing garnishment, and a proceeding against tenant holding over, the User will be required to submit the original paper copy of the appropriate affidavit to the Court.  Unless and until the original paper copy of the document is received by the Court in these cases, the submitting user will NOT be deemed to have properly filed the document.  The burden rests with the User to ensure that the Court has received the original paper copy of the document prior to any court dates or filing deadlines.

(g) User agrees to regularly monitor the eFlex notifications, filing statuses, associated email accounts and attempted eFlex logins. The IP address for each attempted login will be documented for additional security.

(h) User is responsible for notifying the Magistrate Court at (770) 528-8900 immediately in the event of any suspected fraudulent use of the eFlex account.

(i) User may request electronic filing technical assistance weekdays 8:00 a.m. until 5:00 p.m. by calling the Magistrate Court (770) 528-8900.  Alternatively, the User may request electronic filing technical assistance by e-mail at magistratecivildivision@cobbcounty.org for civil filings and magistrateaccountingdivision@cobbcounty.org for garnishment filings during regular business hours from 8:00 a.m. until 5:00 p.m., Monday – Friday.

(j) These terms of use shall remain in place and is binding upon the User as long as the User remains a registered user of the eFlex electronic filing system.  User may be prevented from using the eFlex system for violation of the E-Filing Terms by the Court Clerk; decisions of the Court Clerk are final.

 

6.  Format of Documents

(a) For most documents, parties will be prompted to complete a form pleading through the input of requested information or selecting the applicable box/menu item.  The electronic document title of each pleading or other document shall include: a. Party or parties filing/serving the document b. Nature of the document c. Party or parties against whom relief, if any, is sought, and d. Nature of the relief sought.

(b) For certain documents, parties are to prepare a paper copy of the document to be e-served, and are to save or upload a scanned copy of the document (in PDF format) to eFlex. Submitting a scanned copy by e-mail to the Court Clerk will NOT be sufficient for e-service.

(c) When prompted by the Court, parties shall submit the official paper copy of the document to the Court Clerk in the manner requested (e.g., bearing a proper notarization seal and signature) to the Magistrate Court of Cobb County, 32 Waddell Street, Marietta GA 30090.

(d) All electronically filed and served pleadings shall, to the extent practicable, be formatted in accordance with the applicable law governing formatting or contents of paper pleadings (e.g., O.C.G.A. § 15-10-54 regarding confidential information).

 

7.  Electronic Notification and Delivery of Documents

(a) User agrees and consents that the email address provided in the account request and maintained in the User’s eFlex user profile supersedes the Court’s case management system for the purpose of electronic notification resulting in effective notification and delivery of filed documents.

(b) Delivery of e-service notifications and documents through eFlex to other registered users shall be considered as valid and effective service and shall have the same legal effect as proper service of an original paper document, and replacing the need for most paper notifications except when required by law (e.g., for a complaint, petition, or other document that must be served with a summons or subpoena).  Furthermore, when prompted by the Court, User must submit an original paper copy of any document to the Court for filing to be completed.

(c) E-service delivery of notifications and documents shall be deemed complete when the transmission to the eFlex is completed and User receives notification.

(d) Users and Parties who register with the eFlex consent to receive e-service delivery of notifications and documentation and will be deemed to have waived other service, EXCEPT when physical service of paper subpoenas or summons is required by law, in which case physical service shall be completed in addition to e-service.

(e) User agrees to accept electronic notices through email as a courtesy notification of a document filed with the court

(f) User agrees that the official electronic court notifications are maintained only through eFlex.  Therefore, User consents to accept e-mail notifications of a hearing or trial as valid notice, and will be deemed to have waived other service. 

 

8.  Time and Effect of E-Filing

Users may file electronic documents through eFlex 24 hours a day, seven days per week, except when the eFlex system is down for maintenance. Any pleading filed electronically shall be considered as filed with the Court when the transmission to EFlex is complete. Any document e-filed by 11:59 p.m. shall be deemed filed on that date.  EFlex is an agent of the Court for the purpose of electronic filing, receipt, service and retrieval of electronic documents. Upon completion of filing, eFlex shall issue a confirmation receipt that includes the date and time of receipt.  The confirmation receipt shall serve as proof of filing. In the event the Court Clerk rejects the submitted documents following review, the documents shall not become part of the official Court record and the filer will receive notification of the rejection. Users may be required to refile the instruments to meet necessary filing requirements. A filing that is rejected by the Court Clerk receives a filing date of the rejected filing unless the party failed to attempt to transmit the payment.

 

9.  Payment of Filing Fees

(a) Registered users shall pay statutory filing fees for e-filed documents electronically to the Court through eFlex.  Filing fees are due and payable at the time of filing. 

 

10. System or User Filing Errors

If the electronic filing or service does not occur because of (1) an error in the transmission of the document to the eFlex or served party which was unknown to the sending party, or (2) a failure to process the electronic document when received by the eFlex, (3) the party to be served was erroneously excluded from the service list, or (4) other technical problems experienced by the filer, the Court may upon satisfactory proof enter an Order permitting the document to be filed nun pro tunc to the date it was first attempted to be sent electronically.  Or in the case of service, the User, absent extraordinary circumstances, may request an order extending the date for any response or the period within which any right accrues or any duty or other act must be performed.

 

11. File Size Limitation for All Electronic Filings

EFlex may limit the size of an upload, please contact the Magistrate Court at (770) 528-8900.