By Samuel A. Lopez | USA Herald | October 20, 2025
LOS ANGELES, CA – California’s civil procedure operates on a foundation of strict statutory deadlines. These are not mere guidelines — they are legally binding time bars. A civil complaint filed one day late can trigger dismissal with prejudice. A notice of appeal filed after the statutory period is jurisdictionally void. Even discovery motions, anti-SLAPP responses, and motions for new trial are subject to precise, unforgiving timelines.
The AWS outage that struck on October 2o, 2025, disabled the state’s largest electronic filing platform — eFileCA — which handles the majority of filings through Tyler Technologies’ Odyssey File & Serve system. For hours, attorneys across the state were locked out of the filing interface.
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“Imagine you’ve spent weeks preparing a dispositive motion due at midnight,” said one Los Angeles litigator. “Then the portal crashes at 11:57 p.m. You’ve technically missed your filing — and you’ve technically lost your case.”
This scenario is not hypothetical. California courts have repeatedly held that filing deadlines are statutory in many contexts, meaning the court lacks power to accept late filings, even if the delay is caused by external factors. When a digital system fails, litigants face a paradox: the law demands compliance, but the tools required to comply have broken down.
Fortunately, California’s legal framework does provide limited relief when missed deadlines stem from “technical failure.” The key provisions are Rule 2.259(c) of the California Rules of Court and Code of Civil Procedure §473(b).
Rule 2.259(c) explicitly states:
“If a technical problem with a court’s electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.”
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In practice, this means litigants who were unable to file because of an outage must (1) act promptly once the system returns online, and (2) provide evidence that the system was down — such as an official vendor notice or screenshot.
For filings affected by broader circumstances — such as the AWS outage, which impacted thousands of users — courts may take judicial notice of the outage and extend relief more broadly.
Meanwhile, Code of Civil Procedure §473(b) allows parties to seek relief from defaults or dismissals resulting from “mistake, inadvertence, surprise, or excusable neglect.” If a litigant missed a deadline because a state-approved e-filing system failed, courts could reasonably find excusable neglect — particularly when the outage was well-documented.
In extreme cases, courts or the Judicial Council can issue administrative orders extending filing deadlines statewide, similar to the emergency measures implemented during the COVID-19 pandemic or wildfires.
What makes this situation unprecedented is the source of the breakdown: a private corporation. AWS — a commercial cloud platform — is the backbone of countless public services, from e-filing systems to emergency communications. When it falters, so does the justice system.
The question is not whether AWS bears legal liability; under most contracts, it doesn’t. Government clients and vendors like Tyler Technologies typically agree to service-level terms that disclaim consequential damages — meaning neither Amazon nor the platform is financially responsible for downstream harms like missed court filings.
Still, the incident spotlights a deeper issue: dependency on centralized cloud infrastructure for fundamental judicial operations. As the California judiciary modernizes, it has tied access to justice to private networks whose outages can cause real, legal harm.
If one outage can compromise due process — even temporarily — it raises constitutional concerns. Procedural fairness depends on equal access to courts. When that access hinges on the stability of a private company’s servers, due process becomes contingent on uptime metrics.
???? As of this writing, eFileCA and Odyssey systems are still experiencing online outages, and e-filing delays. Los Angeles, Santa Clara, Alameda, and Sacramento have confirmed awareness of the outage.
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