BILL NUMBER: SB 1274 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Committee on Judiciary (Corbett (Chair), Hancock,
Harman, Leno, and Walters)
FEBRUARY 19, 2010
An act to amend Section 1010.6 Sections
101 0.6 and 1013 of the Code of Civil Procedure,
relating to service of process.
LEGISLATIVE COUNSEL'S DIGEST
SB 1274, as amended, Committee on Judiciary. Electronic service of
process.
Existing law authorizes a trial court to adopt local rules
permitting electronic filing and service of documents, subject to
rules adopted by the Judicial Council and other specified conditions.
This bill would modify those conditions, and would authorize the
court, in any action in which a party has agreed to accept electronic
service, or in which the court has ordered electronic service, as
specified, to electronically serve any document issued by the court
that is not required to be personally served, in the same manner that
parties electronically serve documents. The bill would require the
Judicial Council to adopt rules relating to the integrity of
electronic service. The bill would make other technical and
conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1010.6 of the Code of Civil Procedure is
amended to read:
1010.6. (a) A document may be served electronically in an
action filed with the court as provided in this section, in
accordance with rules adopted pursuant to subdivision (d).
(1) For purposes of this section:
(A) "Electronic service" means service of a document, on a party
or other person, by either electronic transmission or electronic
notification. Electronic service may be performed directly by a
party, by an agent of a party, including the party's attorney, or
through an electronic filing service provider.
(B) "Electronic transmission" means the transmission of a document
by electronic means to the electronic service address at or through
which a party or other person has authorized electronic service.
(C) "Electronic notification" means the notification of the party
or other person that a document is served by sending an electronic
message to the electronic address at or through which the party or
other person has authorized electronic service, specifying the exact
name of the document served, and providing a hyperlink at which the
served document may be viewed and downloaded.
(2) If a document may be served by mail, express mail, overnight
delivery, or facsimile transmission, electronic service of the
document is authorized when a party has agreed to accept service
electronically in that action.
(3) In any action in which a party has agreed to accept electronic
service under paragraph (2), or in which the court has ordered
electronic service under subdivision (c), the court may
electronically serve any document issued by the court that is not
required to be personally served in the same manner that parties
electronically serve documents. The electronic service of documents
by the court shall have the same legal effect as service by mail,
except as provided in paragraph (4).
(4) Electronic service of a document is complete at the time of
the electronic transmission of the document or at the time that the
electronic notification of service of the document is sent. However,
any period of notice, or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document, which time period or date is prescribed by statute or
rule of court, shall be extended after service by electronic means by
two court days, but the extension shall not apply to extend the time
for filing any of the following:
(A) A notice of intention to move for new trial.
(B) A notice of intention to move to vacate judgment under Section
663a.
(C) A notice of appeal.
This extension applies in the absence of a specific exception
provided by any other statute or rule of court.
(b) A trial court may adopt local rules
permitting electronic filing and service of
documents, subject to rules adopted pursuant to subdivision (c) and
the following conditions:
(1) A document that is filed electronically shall have the same
legal effect as an original paper document.
(2) (A) When a document to be filed requires the signature, not
under penalty of perjury, of an attorney or a self-represented party,
the document shall be deemed to have been signed by that attorney or
self-represented party if filed electronically.
(B) When a document to be filed requires the signature, under
penalty of perjury, of any person, the document shall be deemed to
have been signed by that person if filed electronically and if a
printed form of the document has been signed by that person prior to,
or on the same day as, the date of filing. The attorney or person
filing the document represents, by the act of filing, that the
declarant has complied with this section. The attorney or person
filing the document shall maintain the printed form of the document
bearing the original signature and make it available for review and
copying upon the request of the court or any party to the action or
proceeding in which it is filed.
(3) Any document that is electronically filed with the court after
the close of business on any day shall be deemed to have been filed
on the next court day. "Close of business," as used in this
paragraph, shall mean 5 p.m. or the time at which the court would not
accept filing at the court's filing counter, whichever is earlier.
(4) The court receiving a document filed electronically shall
issue a confirmation that the document has been received and filed.
The confirmation shall serve as proof that the document has been
filed.
(5) Upon electronic filing of a complaint, petition, or other
document that must be served with a summons, a trial court, upon
request of the party filing the action, shall issue a summons with
the court seal and the case number. The court shall keep the summons
in its records and may electronically transmit a copy of the summons
to the requesting party. Personal service of a printed form of the
electronic summons shall have the same legal effect as personal
service of an original summons. If a trial court plans to
electronically transmit a summons to the party filing a complaint,
the court shall immediately upon receipt of the complaint notify the
attorney or party that a summons will be electronically transmitted
to the electronic address given by the person filing the complaint.
(6) A document may be served electronically in an action filed
with the court as provided in this section. "Electronic service" is
service of a document, on a party or other person, by either
electronic transmission or electronic notification. "Electronic
transmission" means the transmission of a document by electronic
means to the electronic service address at or through which a party
or other person has authorized electronic service. "Electronic
notification" means the notification of the party or other person
that a document is served by sending an electronic message to the
electronic address at or through which the party or other person has
authorized electronic service, specifying the exact name of the
document served, and providing a hyperlink at which the served
document may be viewed and downloaded. Electronic service may be
performed directly by a party, by an agent of a party, including the
party's attorney, or through an electronic filing service provider.
(7) If a document may be served by mail, express mail, overnight
delivery, or facsimile transmission, electronic service of the
document may be authorized when a party has agreed to accept service
electronically in that action.
(8) In any action in which a party has agreed to accept electronic
service under paragraph (7), or in which the court has ordered
electronic service under subdivision (b), the court may
electronically serve any document issued by the court that is not
required to be personally served, in the same manner that parties
electronically serve documents. The electronic service of documents
by the court shall have the same legal effect as service by mail,
except as provided in paragraph (9).
(9) Electronic service of a document is complete at the time of
the electronic transmission of the document or at the time that the
electronic notification of service of the document is sent. However,
any period of notice, or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document, which time period or date is prescribed by statute or
rule of court, shall be extended after service by electronic means by
two court days, but the extension shall not apply to extend the time
for filing any of the following:
(A) A notice of intention to move for new trial.
(B) A notice of intention to move to vacate judgment under Section
663a.
(C) A notice of appeal.
This extension applies in the absence of a specific exception
provided for by any other statute or rule of court.
(10)
(6) The court shall permit a party or attorney to file
an application for waiver of court fees and costs, in lieu of
requiring the payment of the filing fee, as part of the process
involving the electronic filing of a document. The court shall
consider and determine the application in accordance with Sections
68630 to 68641, inclusive, of the Government Code and shall not
require the party or attorney to submit any documentation other than
that set forth in Sections 68630 to 68641, inclusive, of the
Government Code. Nothing in this section shall require the court to
waive a filing fee that is not otherwise waivable.
(b)
(c) If a trial court adopts rules conforming to
subdivision (a) (b) , it may provide by
order that all parties to an action file and serve documents
electronically in a class action, a consolidated action, or a group
of actions, a coordinated action, or an action that is deemed complex
under Judicial Council rules, provided that the trial court's order
does not cause undue hardship or significant prejudice to any party
in the action.
(c)
(d) The Judicial Council shall adopt uniform rules for
the electronic filing and service of documents in the trial courts of
the state, which shall include statewide policies on vendor
contracts, privacy, and access to public records, and rules relating
to the integrity of electronic service. These rules shall conform to
the conditions set forth in this section, as amended from time to
time.
SEC. 2. Section 1013 of the Code of
Civil Procedure is amended to read:
1013. (a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence. The
service Service is complete at the time of the
deposit, but any period of notice and any right or duty to do any act
or make any response within any period or on a date certain after
the service of the document, which time period or
date is prescribed by statute or rule of court, shall be extended
five calendar days, upon service by mail, if the place of address and
the place of mailing is within the State of California, 10 calendar
days if either the place of mailing or the place of address is
outside the State of California but within the United States, and 20
calendar days if either the place of mailing or the place of address
is outside the United States, but the extension shall not apply to
extend the time for filing notice of intention to move for new trial,
notice of intention to move to vacate judgment pursuant to Section
663a, or notice of appeal. This extension applies in the absence of a
specific exception provided for by this section or other statute or
rule of court.
(b) The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
(c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. The service Service
is complete at the time of the deposit, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after the
service of the document served by Express Mail or other method of
delivery providing for overnight delivery shall be extended by two
court days , but the . The
extension shall not apply to extend the time for filing notice of
intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal. This
extension applies in the absence of a specific exception provided for
by this section or other statute or rule of court.
(d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
(e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made. The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service.
The service Service is complete at the
time of transmission, but any period of notice and any right or duty
to do any act or make any response within any period or on a date
certain after the service of the document, which
time period or date is prescribed by statute or rule of court, shall
be extended, after service by facsimile transmission, by two court
days, but the extension shall not apply to extend the time for filing
notice of intention to move for new trial, notice of intention to
move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific exception
provided for by this section or other statute or rule of court.
(f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted , or to be accompanied by an
unsigned copy of the affidavit or certificate of transmission which
shall contain the facsimile telephone number to which the notice or
other paper was transmitted.
(g) Electronic service shall be permitted pursuant to Section
1010.6 and the rules on electronic service in the California Rules of
Court.
(g)
(h) Subdivisions (b), (d), and (f) are directory.