Rule 36.16.Electronic Filing

Rule 36. FILING AND PROCESSING · Last amended 2020 · Last verified July 17, 2026

In one sentenceEstablishes the framework for electronic filing in superior court — what can be e-filed, how signatures and service work electronically, when a filing is deemed made, what happens when the system fails, and how clerks handle misfiled or defective e-filings, giving electronic records the same force as paper ones.

Full Text of Rule 36.16

Text size

(A) Availability. Electronic filing shall be available when required by law and may be made available in a court, or certain classes of cases therein, in conformity with statewide minimum standards and rules for electronic filing adopted by the Judicial Council.

(B) Documents that may be filed electronically. Where electronic filing is available, a document may be electronically filed in lieu of paper by the court, the clerk and any registered filer unless electronic filing is expressly prohibited by law, these rules or court order. Electronic filing is expressly prohibited for documents that according to law must be filed under seal or presented to a court in camera, or for documents to which access is otherwise restricted by law or court order. Original depositions are not “sealed documents” within the meaning of this paragraph and may be filed electronically. See Judicial Council Rule 9.

(C) Signatures. An electronically filed document is deemed signed by the registered filer submitting the document as well as by any other person who has authorized signature by the filer. By electronically filing the document, the filer verifies that the signatures are authentic.

(D) Time of filing. An electronic document is presumed filed upon its receipt by the electronic filing service provider, which provider must automatically confirm the fact, date and time of receipt to the filer. Absent evidence of such confirmation, there is no presumption of filing.

(E) Electronic service. Upon filing, an electronically filed document is deemed served on all parties and counsel who have waived any other form of service by registering with the electronic filing system to receive electronic service in the case and who receive notice via the system of the document's filing.

(F) System or user filing errors. If electronic filing or service is prevented or delayed because of a failure of the electronic filing system, a court will enter appropriate relief such as the allowance of filings nunc pro tunc or the provision of extensions to respond.

(G) Force and effect. Electronically filed court records have the same force and effect and are subject to the same right of public access as are documents filed by traditional means.

(H) Pro se parties. To protect and promote access to the courts, courts shall reasonably accommodate pro se parties by accepting and then converting and maintaining in electronic form paper pleadings or other documents received from pro se filers. (I) Procedure for handling misfiled or otherwise deficient or defective e-filings. Upon physical acceptance and review of an e-filing and discovery that it was misfiled or is otherwise deficient or defective, a clerk shall as soon as practicable provide the e-filer notice of the defect or deficiency and an opportunity to cure or, if appropriate, reject the filing altogether. In any case, the clerk shall retain a record of the action taken by the court in response, including date, time, and reason. Such records shall be maintained until a case is finally concluded including the exhaustion of all appeals. Absent a court order to the contrary, such records shall be accessible to the parties and public upon request without the necessity for a subpoena.

End

Plain-English Summary

Rule 36.16 is the backbone of Georgia’s electronic filing system in superior court. Subsection (A) makes e-filing available when the law requires it and allows courts to offer it for particular case types, following statewide standards the Judicial Council adopts. Subsection (B) says almost anything can be filed electronically once a court offers it — with narrow exceptions for documents that must be sealed or reviewed in camera, or documents whose access is otherwise restricted by law or court order. Original depositions are not treated as sealed documents under this rule, so they can be e-filed like anything else.

Several subsections handle the mechanics that paper filing never had to address. A document filed electronically is deemed signed by the registered filer, who vouches for the authenticity of every signature on it (C). A filing is presumed made when the electronic filing service provider receives it and confirms that receipt — without that confirmation, there is no presumption of filing (D). Once filed, the document is automatically served on any party or attorney who has registered to receive electronic service and gets notice through the system (E). And if the system itself breaks down and delays or blocks a filing, the court can grant relief, including allowing a filing nunc pro tunc — backdated to when it should have been made — or extending a deadline (F).

The remaining subsections round out the framework. Electronically filed records carry the same legal force and the same public access rights as paper filings (G). Courts must accommodate pro se litigants who file on paper by converting and maintaining their documents electronically (H). And when a clerk discovers that an e-filing was misfiled, deficient, or defective, the clerk must promptly notify the filer, offer a chance to fix the problem, and — where appropriate — reject the filing, while keeping a record of what was done until the case and any appeals are fully concluded. Absent a court order saying otherwise, that record is open to the parties and the public on request, without needing a subpoena (I).

Frequently Asked Questions

Can original depositions be filed electronically under Rule 36.16?

Yes. The rule specifically states that original depositions are not “sealed documents” within the meaning of the electronic filing exceptions, so they may be filed electronically.

When is an electronically filed document considered signed, and by whom?

It is deemed signed by the registered filer who submits it, as well as by anyone else who authorized the filer to sign on their behalf.

When is an electronic document presumed filed?

Upon its receipt by the electronic filing service provider, which must automatically confirm the fact, date, and time of receipt to the filer.

What relief can a court grant if the electronic filing system fails and delays a filing?

The court may allow filings nunc pro tunc or grant extensions of time to respond.

What must a clerk do upon discovering that an e-filing is misfiled or defective?

The clerk must, as soon as practicable, notify the e-filer of the defect and give an opportunity to cure it, or reject the filing if appropriate, while keeping a record of the action taken. Absent a court order to the contrary, that record is accessible to the parties and the public upon request without the need for a subpoena.

Amendment History

Adopted effective June 4, 2015; amended effective January 16, 2020.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

Also known as: Georgia superior court e-filing rulesUSCR 36.16 electronic filing requirementswhen is electronic filing deemed made Georgiae-filing signature requirements superior courtmisfiled electronic filing clerk procedure Georgiaelectronic service of filed documents Georgia