(a)Definitions.(1) Document. A pleading, motion, brief, writing or other paper filed or served under Colorado Appellate Rules.(2)E-Filing/Service System. The E-Filing/Service System ("E-System") approved by the Colorado Supreme Court for filing and service of documents via the Internet through the Court-authorized E-System provider.(3)Electronic Filing. Electronic filing ("E-Filing") is the transmission of documents to the clerk of the court, and from the court, via the E-System.(4)Electronic Service. Electronic service ("E-Service") is the transmission of documents to any party in a case via the E-System. Parties who have subscribed to the E-System have agreed to receive service via the E-System.(5)E-System Provider. The E-Service/E-Filing System Provider authorized by the Colorado Supreme Court.(6)S/Name. A symbol representing the signature of the person whose name follows the "S/" on the electronically or otherwise signed form of the E-Filed or E-Served document.(b) Types of Cases Applicable. E-Filing and E-Service are permissible in all cases.(c)To Whom Applicable.(1) Attorneys licensed to practice law in Colorado may register to use the E-System.(2) Where the system and necessary equipment are in place to permit it, pro se parties and government entities and agencies may register to use the E-System.(d) E-Filing-Date and Time of Filing. A document transmitted to the E-System Provider by 11:59 p.m. Colorado time shall be deemed to have been filed with the clerk of the court on that date.(e)E-Service-When Required-Date and Time of Service. Documents submitted to the court through E-Filing shall be served under C.A.R. 25 by E-Service. A document transmitted to the E-System Provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date.(f)Filing Party to Maintain the Signed Copy-Paper Document Not to Be Filed-Duration of Maintaining of Document. A printed or printable copy of an E-Filed or E-Served document with original or scanned signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request, but shall not be filed with the court. When these rules require a party to maintain a document, the filer is required to maintain the document for a period of two years after the final resolution of the action, including the final resolution of all appeals.(g)Documents Requiring E-Filed Signatures. For all E-Filed and E-Served documents, signatures of attorneys and parties may be in S/Name typed form to satisfy signature requirements, once the necessary signatures have been obtained on a paper form of the document. Attorneys and parties may also use an electronic ink signature.(h)Sealed or Suppressed Documents. A motion for leave to file documents as sealed or suppressed pursuant to C.J.D. 05-01 sections 3.07 and 3.08 may be E-Filed. Documents to be filed as sealed or suppressed pursuant to an order of the court may be E-Filed at the direction of the court; however, the filing party may object to this procedure.(i) Transmitting of Orders, Notices, Opinions and Other Court Entries. Appellate courts shall distribute orders, notices, opinions, and other court entries using the E-System in cases where E-Filings were received from any party.(j)Form of E-Filed Documents. E-Filed documents shall comply with all requirements as to form contained within these rules.(k)E-Filing May be Mandated. The Chief Justice may mandate, or, with the permission of the Chief Justice, the Chief Judge of the court of appeals may mandate E-Filing for specific case classes or types of cases. An appellate justice or judge may mandate E-Filing and E-Service for a specific case for submitting documents to the court and serving documents on case parties. Where E-Filing is mandatory, the court may thereafter accept a document in paper form and the court shall scan the document and upload it to the E-Service Provider. After notice to an attorney that all future documents are to be E-Filed, the court may charge a fee of $50 per document for the service of scanning and uploading a document filed in paper form. Where E-Filing and E-Service are mandatory an appellate justice or judge may exclude pro se parties from mandatory E-Filing requirements.(l)Relief in the Event of Technical Difficulties.(1) Upon satisfactory proof that E-Filing or E-Service of a document was not completed because of: (a) an error in the transmission of the document to the E-System Provider which was unknown to the sending party; (b) a failure of the E-System Provider to process the E-Filing when received, or (c) other technical problems experienced by the filer or E-System Provider, the court may enter an order permitting the document to be filed nunc pro tunc to the date it was first attempted to be sent electronically. (2) Upon satisfactory proof that an E-Served document was not received by or unavailable to a party served, the court may enter an order extending the time for responding to that document.(m) Form of Electronic Documents. (1)Electronic Document Format, Size and Density. Electronic document format, size, and density shall be as specified by Chief Justice Directive #11-01, as amended.(2)Multiple Documents. Multiple documents may be filed in a single electronic filing transaction. Each document in that filing must bear a separate document title. (3) The Court authorized service provider for the program is Colorado Courts E-Filing (www.courts.state.co.us).Source: Entire rule added and effective 2/7/2008; e amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b; amended October 26, 2017, effective 10/26/2017; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022.