AB 2244, as amended, Gatto. Court fees: electronic filing.
Existing law authorizes the electronic service of documents in accordance with uniform rules adopted by the Judicial Council, as specified. Upon Judicial Council adoption of the uniform rules, existing law authorizes a superior court, by local rule, to require mandatory electronic filing and service of documents for specified civil actions in accordance with certain requirements including a requirement that any fees charged by the court do not exceed the actual cost of electronic filing and service of documents.
This bill would add the additional requirement that fees to process a payment that is charged by the court, an electronic filing manager, or an electronic filing service provider, not exceed the actual costs incurred for processing the payment. The bill would require waiver of fees to process a payment if the court deems waiver appropriate.
Existing law authorizes a court, subject to Judicial Council approval, to accept a credit card, debit card, or electronic funds transfer in payment of designated obligations, including filing fees and other court costs. Existing law authorizes a court, subject to Judicial Council approval, to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer.
This bill would additionally authorize an agent of the court to impose a fee, subject to Judicial Council approval, for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer. For purposes of this provision, the bill would deem an electronic filing service provider who is required to collect and remit funds in order to complete an electronic filing transaction to be an agent of the court. The bill would prohibit an electronic filing service provider from colleting or attempting to collect a fee to complete an electronic filing transaction from a party who is exempt from paying fees but would still require the electronic filing service provider to complete the filing. The bill would also prohibit a court or specified entities contracting with a court from requiring an electronic filing service provider to use any single method of payment, as specified.
Existing law also enumerates costs that a prevailing party may recover in a civil action.
This bill would authorize a prevailing party to recover electronic filing service providerbegin insert and electronic filing service provider hostingend insert fees as costs, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1010.6 of the Code of Civil Procedure
2 is amended to read:
(a) A document may be served electronically in an
4action filed with the court as provided in this section, in accordance
5with rules adopted pursuant to subdivision (e).
6(1) For purposes of this section:
7(A) “Electronic service” means service of a document, on a
8party or other person, by either electronic transmission or electronic
9notification. Electronic service may be performed directly by a
10party, by an agent of a party, including the party’s attorney, or
11through an electronic filing service provider.
P3 1(B) “Electronic transmission” means the transmission of a
2document
by electronic means to the electronic service address at
3or through which a party or other person has authorized electronic
4service.
5(C) “Electronic notification” means the notification of the party
6or other person that a document is served by sending an electronic
7message to the electronic address at or through which the party or
8other person has authorized electronic service, specifying the exact
9name of the document served, and providing a hyperlink at which
10the served document may be viewed and downloaded.
11(2) If a document may be served by mail, express mail, overnight
12delivery, or facsimile transmission, electronic service of the
13document is authorized when a party has agreed to accept service
14electronically in that action.
15(3) In any action in which a party has agreed to accept electronic
16service under paragraph (2), or in which the court has ordered
17electronic service under subdivision (c) or (d), the court may
18electronically serve any document issued by the court that is not
19required to be personally served in the same manner that parties
20electronically serve documents. The electronic service of
21documents by the court shall have the same legal effect as service
22by mail, except as provided in paragraph (4).
23(4) (A) Electronic service of a document is complete at the time
24of the electronic transmission of the document or at the time that
25the electronic notification of service of the document is sent.
26However, any period of notice, or any right or duty to do any act
27or make any response within any period or on a date certain after
28the
service of the document, which time period or date is prescribed
29by statute or rule of court, shall be extended after service by
30electronic means by two court days, but the extension shall not
31apply to extend the time for filing any of the following:
32(i) A notice of intention to move for new trial.
33(ii) A notice of intention to move to vacate judgment under
34Section 663a.
35(iii) A notice of appeal.
36(B) This extension applies in the absence of a specific exception
37provided by any other statute or rule of court.
38(b) A trial court may adopt local rules permitting electronic
39filing of documents, subject to
rules adopted pursuant to
40
subdivision (e) and the following conditions:
P4 1(1) A document that is filed electronically shall have the same
2legal effect as an original paper document.
3(2) (A) When a document to be filed requires the signature, not
4under penalty of perjury, of an attorney or a self-represented party,
5the document shall be deemed to have been signed by that attorney
6or self-represented party if filed electronically.
7(B) When a document to be filed requires the signature, under
8penalty of perjury, of any person, the document shall be deemed
9to have been signed by that person if filed electronically and if a
10printed form of the document has been signed by that person
before
11or on the same day as, the date of filing. The attorney or person
12filing the document represents, by the act of filing, that the
13declarant has complied with this section. The attorney or person
14filing the document shall maintain the printed form of the document
15bearing the original signature and make it available for review and
16copying upon the request of the court or any party to the action or
17proceeding in which it is filed.
18(3) Any document that is electronically filed with the court after
19the close of business on any day shall be deemed to have been
20filed on the next court day. “Close of business,” as used in this
21paragraph, means 5 p.m. or the time at which the court
will not
22accept filing at the court’s filing counter, whichever is earlier.
23(4) The court receiving a document filed electronically shall
24issue a confirmation that the document has been received and filed.
25The confirmation shall serve as proof that the document has been
26filed.
27(5) Upon electronic filing of a complaint, petition, or other
28document that must be served with a summons, a trial court, upon
29request of the party filing the action, shall issue a summons with
30the court seal and the case number. The court shall keep the
31summons in its records and may electronically transmit a copy of
32the summons to the requesting party. Personal service of a printed
33form of the electronic summons shall have the same legal effect
34as personal service of an original
summons. If a trial court plans
35to electronically transmit a summons to the party filing a complaint,
36the court shall immediately upon receipt of the complaint notify
37the attorney or party that a summons will be electronically
38transmitted to the electronic address given by the person filing the
39complaint.
P5 1(6) The court shall permit a party or attorney to file an
2application for waiver of court fees and costs, in lieu of requiring
3the payment of the filing fee, as part of the process involving the
4electronic filing of a document. The court shall consider and
5determine the application in accordance with
Article 6
6(commencing with Section 68630) of Chapter 2 of Title 8 of the
7Government Code and shall not require the party or attorney to
8submit any documentation other than that set forth in Article 6
9(commencing with Section 68630) of Chapter 2 of Title 8 of the
10Government Code. Nothing in this section shall require the court
11to waive a filing fee that is not otherwise waivable.
12(c) If a trial court adopts rules conforming to subdivision (b),
13it may provide by order that all parties to an action file and serve
14documents electronically in a class action, a consolidated action,
15a group of actions, a coordinated action, or an action that is deemed
16complex under Judicial Council rules, provided that the trial court’s
17order does not cause undue hardship or significant prejudice to
18any party in the action.
19(d) (1) Notwithstanding subdivision (b), the Orange County
20Superior Court may, by local rule and until July 1, 2014, establish
21a pilot project to require parties to specified civil actions to
22electronically file and serve documents, subject to the requirements
23set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision (b),
24rules adopted pursuant to subdivision (e), and the following
25conditions:
26(A) The court shall have the ability to maintain the official court
27record in electronic format for all cases where electronic filing is
28required.
29(B) The court and the parties shall have access to more than one
30electronic filing service provider capable of electronically filing
31documents with the
court or to electronic filing access directly
32through the court.
The court may charge fees of no more than the
33actual cost of the electronic filing and service of the documents.
34Any fees charged by an electronic filing service provider shall be
35reasonable. Fees, if any, charged by the court, an electronic filing
36manager, or an electronic filing service provider to process a
37payment shall not exceed the actual costs incurred for processing.
38The court, an electronic filing manager, or an electronic filing
39service provider shall waive any fees charged if the court deems
P6 1waiver appropriate, including in instances where a party has
2received a fee waiver.
3(C) The court shall have a procedure for the filing of
4nonelectronic documents in order to prevent the program from
5causing undue hardship or significant prejudice to any party in an
6action, including, but not limited to, unrepresented
parties.
7(D) A court that elects to require electronic filing pursuant to
8this subdivision may permit documents to be filed electronically
9until 12 a.m. of the day after the court date that the filing is due,
10and the filing shall be considered timely. However, if same day
11service of a document is required, the document shall be
12electronically filed by 5 p.m. on the court date that the filing is
13due. Ex parte documents shall be electronically filed on the same
14date and within the same time period as would be required for the
15filing of a hard copy of the ex parte documents at the clerk’s
16window in the participating county. Documents filed on or after
1712 a.m., or filed upon a noncourt day, will be deemed filed on the
18soonest court day following the filing.
19(2) If a pilot project is
established pursuant to paragraph (1),
20the Judicial Council shall conduct an evaluation of the pilot project
21and report to the Legislature, on or before December 31, 2013, on
22the results of the evaluation. The evaluation shall review, among
23other things, the cost of the program to participants,
24cost-effectiveness for the court, effect on unrepresented parties
25and parties with fee waivers, and ease of use for participants.
26(e) The Judicial Council shall adopt uniform rules for the
27electronic filing and service of documents in the trial courts of the
28state, which shall include statewide policies on vendor contracts,
29privacy, and access to public records, and rules relating to the
30integrity of electronic service. These rules shall conform to the
31conditions set forth in this section, as amended from time to time.
32(f) The Judicial Council shall, on or before July 1, 2014, adopt
33uniform rules to permit the mandatory electronic filing and service
34of documents for specified civil actions in the trial courts of the
35state, which shall be informed by any study performed pursuant
36to paragraph (2) of subdivision (d) and which shall include
37statewide policies on vendor contracts, privacy, access to public
38records, unrepresented parties, parties with fee waivers, hardships,
39reasonable exceptions to electronic filing, and rules relating to the
P7 1integrity of electronic service. These rules shall conform to the
2conditions set forth in this section, as amended from time to time.
3(g) (1) Upon the adoption of uniform rules by the Judicial
4Council for mandatory electronic filing and service of
documents
5for specified civil actions in the trial courts of the state, as specified
6in subdivision (f), a superior court may, by local rule, require
7mandatory electronic filing, pursuant to paragraph (2).
8(2) A superior court that elects to adopt mandatory electronic
9filing shall do so pursuant to the requirements and conditions set
10forth in this section, including, but not limited to, paragraphs (1),
11(2), (4), (5), and (6) of subdivision (b), and subparagraphs (A),
12(B), and (C) of paragraph (1) of subdivision (d), and pursuant to
13the rules adopted by the Judicial Council, as specified in
14subdivision (f).
Section 1033.5 of the Code of Civil Procedure is
16amended to read:
(a) The following items are allowable as costs under
18Section 1032:
19(1) Filing, motion, and jury fees.
20(2) Juror food and lodging while they are kept together during
21trial and after the jury retires for deliberation.
22(3) (A) Taking, video recording, and transcribing necessary
23depositions, including an original and one copy of those taken by
24the claimant and one copy of depositions taken by the party against
25whom costs are allowed.
26(B) Fees of a certified or registered interpreter for
the deposition
27of a party or witness who does not proficiently speak or understand
28the English language.
29(C) Travel expenses to attend depositions.
30(4) Service of process by a public officer, registered process
31server, or other means, as follows:
32(A) When service is by a public officer, the recoverable cost is
33the fee authorized by law at the time of service.
34(B) If service is by a process server registered pursuant to
35Chapter 16 (commencing with Section 22350) of Division 8 of the
36Business and Professions Code, the recoverable cost is the amount
37actually incurred in effecting service, including, but not limited
38to, a stakeout or other means employed in
locating the person to
39be served, unless those charges are successfully challenged by a
40party to the action.
P8 1(C) When service is by publication, the recoverable cost is the
2sum actually incurred in effecting service.
3(D) When service is by a means other than that set forth in
4subparagraph (A), (B), or (C), the recoverable cost is the lesser of
5the sum actually incurred, or the amount allowed to a public officer
6in this state for that service, except that the court may allow the
7sum actually incurred in effecting service upon application pursuant
8to paragraph (4) of subdivision (c).
9(5) Expenses of attachment including keeper’s fees.
10(6) Premiums on necessary surety bonds.
11(7) Ordinary witness fees pursuant to Section 68093 of the
12Government Code.
13(8) Fees of expert witnesses ordered by the court.
14(9) Transcripts of court proceedings ordered by the court.
15(10) Attorney’s fees, when authorized by any of the following:
16(A) Contract.
17(B) Statute.
18(C) Law.
19(11) Court reporter fees as established by statute.
20(12) Court interpreter fees for a qualified court interpreter
21authorized by the court for an indigent person represented by a
22qualified legal services project, as defined in Section 6213 of the
23Business and Professions Code, or a pro bono attorney, as defined
24in Section 8030.4 of the Business and Professions Code.
25(13) Models and enlargements of exhibits and photocopies of
26exhibits may be allowed if they were reasonably helpful to aid the
27trier of fact.
28(14) Electronic filing service provider fees. If a court requires
29or orders a party to file and serve documents electronically with
30the court, the recoverable costs are those actually incurred to
31electronicallybegin delete file, serve, and hostend deletebegin insert
file and serveend insert documents through
32
an electronic filing service provider.
33
(15) Electronic filing service provider hosting fees. If a court
34requires or orders a party to have documents hosted by an
35electronic filing service provider, the recoverable costs are those
36actually incurred to host documents through an electronic filing
37service provider. This paragraph shall become inoperative on
38January 1, 2022.
39(15)
end delete
P9 1begin insert(16)end insert Any other item that is required to be awarded to the
2prevailing party
pursuant to statute as an incident to prevailing in
3the action at trial or on appeal.
4(b) The following items are not allowable as costs, except when
5expressly authorized by law:
6(1) Fees of experts not ordered by the court.
7(2) Investigation expenses in preparing the case for trial.
8(3) Postage, telephone, and photocopying charges, except for
9exhibits.
10(4) Costs in investigation of jurors or in preparation for voir
11dire.
12(5) Transcripts of court proceedings not ordered by the court.
13(c) An award of costs shall be subject to the following:
14(1) Costs are allowable if incurred, whether or not paid.
15(2) Allowable costs shall be reasonably necessary to the conduct
16of the litigation rather than merely convenient or beneficial to its
17preparation.
18(3) Allowable costs shall be reasonable in amount.
19(4) Items not mentioned in this section and items assessed upon
20application may be allowed or denied in the court’s discretion.
21(5) If a statute of this state refers to the award of “costs and
22attorney’s fees,” attorney’s fees are an item and component of the
23costs to be awarded and are
allowable as costs pursuant to
24subparagraph (B) of paragraph (10) of subdivision (a). A claim
25not based upon the court’s established schedule of attorney’s fees
26for actions on a contract shall bear the burden of proof. Attorney’s
27fees allowable as costs pursuant to subparagraph (B) of paragraph
28(10) of subdivision (a) may be fixed as follows: (A) upon a noticed
29motion, (B) at the time a statement of decision is rendered, (C)
30upon application supported by affidavit made concurrently with a
31claim for other costs, or (D) upon entry of default judgment.
32Attorney’s fees allowable as costs pursuant to subparagraph (A)
33or (C) of paragraph (10) of subdivision (a) shall be fixed either
34upon a noticed motion or upon entry of a default judgment, unless
35otherwise provided by stipulation of the parties.
36Attorney’s fees awarded pursuant to Section 1717 of the Civil
37Code
are allowable costs under Section 1032 of this code as
38authorized by subparagraph (A) of paragraph (10) of subdivision
39(a).
Section 6159 of the Government Code is amended to
2read:
(a) The following definitions apply for purposes of this
4section:
5(1) “Credit card” means a card, plate, coupon book, or other
6credit device existing for the purpose of being used from time to
7time upon presentation to obtain money, property, labor, or services
8on credit.
9(2) “Card issuer” means a person, or his or her agent, who issues
10a credit card and purchases credit card drafts.
11(3) “Cardholder” means a person to whom a credit card is issued
12or any person who has agreed with the card issuer to pay
13obligations arising from the issuance of a credit card to another
14person.
15(4) “Debit card” means a card or other means of access to a
16debit card cardholder’s account that may be used to initiate
17electronic funds transfers from that account.
18(5) “Draft purchaser” means a person who purchases credit card
19drafts.
20(6) “Electronic funds transfer” means a method by which a
21person permits electronic access to, and transfer of, money held
22in an account by that person.
23(b) Subject to subdivisions (c) and (d), a court, city, county, city
24and county, or other public agency may authorize the acceptance
25of a credit card, debit card, or electronic funds transfer for any of
26the following:
27(1) The payment for the deposit of bail for any offense not
28declared to be a felony or for a court-ordered fee, fine, forfeiture,
29penalty, assessment, or restitution. Use of a card or electronic funds
30transfer pursuant to this paragraph may include a requirement that
31the defendant be charged an administrative fee charged by the
32company issuing the card or processing the account for the cost
33of the transaction.
34(2) The payment of a filing fee or other court fee.
35(3) The payment of towage or storage costs for a vehicle that
36has been removed from a highway, or from public or private
37property, as a result of parking violations.
38(4) The payment of child, family, or spousal support, including
39reimbursement of
public assistance, related fees, costs, or penalties,
40with the authorization of the cardholder or accountholder.
P11 1(5) The payment for services rendered by a city, county, city
2and county, or other public agency.
3(6) The payment of a fee, charge, or tax due a city, county, city
4and county, or other public agency.
5(7) The payment of moneys payable to the sheriff pursuant to
6a levy under a writ of attachment or writ of execution. If the use
7of a card or electronic funds transfer pursuant to this paragraph
8includes any administrative fee charged by the company issuing
9the card or processing the account for the cost of the transaction,
10that fee shall be paid by the person who pays the money to the
11sheriff pursuant to the levy.
12(8) The payment of a donation, gift, bequest, or devise made to
13or in favor of a county, or to or in favor of a county board of
14supervisors, pursuant to Section 25355.
15(c) A court desiring to authorize the use of a credit card, debit
16card, or electronic funds transfer pursuant to subdivision (b) shall
17obtain the approval of the Judicial Council. A city desiring to
18authorize the use of a credit card, debit card, or electronic funds
19transfer pursuant to subdivision (b) shall obtain the approval of its
20city council. Any other public agency desiring to authorize the use
21of a credit card, debit card, or electronic funds transfer pursuant
22to subdivision (b) shall obtain the approval of the governing body
23that has fiscal responsibility for that agency.
24(d) After approval is obtained, a contract may be executed with
25one or more credit card issuers, debit card issuers, electronic funds
26transfer processors, or draft purchasers. The contract shall provide
27for the following matters:
28(1) The respective rights and duties of the court, city, county,
29city and county, or other public agency and card issuer, funds
30processor, or draft purchaser regarding the presentment,
31acceptability, and payment of credit and debit card drafts and
32electronic funds transfer requests.
33(2) The establishment of a reasonable means by which to
34facilitate payment settlements.
35(3) The payment to the card issuer, funds processor, or draft
36purchaser of a reasonable fee or discount.
37(4) Any other matters appropriately included in contracts with
38respect to the purchase of credit and debit card drafts and
39processing of electronic funds transfer requests as may be agreed
40upon by the parties to the contract.
P12 1(e) The honoring of a credit card, debit card, or electronic funds
2transfer pursuant to subdivision (b) constitutes payment of the
3amount owing to the court, city, county, city and county, or other
4public agency as of the date the credit or debit card is honored or
5the electronic funds transfer is processed, if the credit or debit card
6draft is paid following its due presentment to a card issuer or draft
7purchaser or the electronic funds transfer is completed with transfer
8to the agency requesting the transfer.
9(f) If a credit or debit card draft is not paid following due
10presentment to a card issuer or draft purchaser or is charged back
11to the court, city, county, city and county, or other public agency
12for any reason, any record of payment made by the court, city, or
13other public agency honoring the credit or debit card shall be void.
14If an electronic funds transfer request is not completed with transfer
15to the agency requesting the transfer or is charged back to the
16agency for any reason, any record of payment made by the agency
17processing the electronic funds transfer shall be void. A receipt
18issued in acknowledgment of payment shall also be void. The
19obligation of the cardholder or accountholder shall continue as an
20outstanding obligation as if no payment had been attempted.
21(g) If a credit card, debit card draft, electronic funds
transfer,
22or other payment offered in payment is returned without payment,
23for any reason, a reasonable charge for the charge back or return,
24not to exceed the actual costs incurred by the public agency, may
25be imposed to recover the public agency’s processing and
26collection costs. This charge may be added to, and become part
27of, any underlying obligation other than an obligation that
28constitutes a lien on real property, and a different method of
29payment for that payment and future payments by this person may
30be prescribed.
31(h) (1) Notwithstanding Title 1.3 (commencing with Section
321747) of Part 4 of Division 3 of the Civil Code, a court or agent
33of the court, city, county, city and county, or any other public
34agency may impose a fee for the use of a credit or debit card or
35electronic funds transfer, not to
exceed the costs incurred by the
36agency in providing for payment by credit or debit card or
37electronic funds transfer. These costs may include, but shall not
38be limited to, the payment of fees or discounts as specified in
39paragraph (3) of subdivision (d). A fee imposed by a court or agent
40of the court pursuant to this subdivision shall be approved by the
P13 1Judicial Council. A fee imposed by any other public agency
2pursuant to this subdivision for the use of a credit or debit card or
3electronic funds transfer shall be approved by the governing body
4responsible for the fiscal decisions of the public agency.
5(2) For purposes of this subdivision, an electronic filing service
6provider who is required to collect and remit funds in order to
7complete an electronic filing transaction is deemed an agent of the
8court.
9(i) Fees or discounts provided for under paragraph (3) of
10subdivision (d) shall be deducted or accounted for before any
11statutory or other distribution of funds received from the card
12issuer, funds processor, or draft purchaser to the extent not
13recovered from the cardholder or accountholder pursuant to
14subdivision (h).
15(j) The Judicial Council may enter into a master agreement with
16one or more credit or debit card issuers, funds processors, or draft
17purchasers for the acceptance and payment of credit or debit card
18drafts and electronic funds transfer requests received by the courts.
19A court may join in any of these master agreements or may enter
20into a separate agreement with a credit or debit card issuer, funds
21processor, or draft purchaser.
22(k) An electronic filing service provider, as described in
23subdivision (h), shall not collect or attempt to collect a fee to
24complete an electronic filing transaction from a party who is
25exempt from paying fees; provided, however, that the electronic
26filing service provider shall complete the filing notwithstanding
27the fee exemption.
28(l) A court or an entity contracted with a court to provide a
29system for acceptance of electronically transmitted documents and
30associated fees shall not require an electronic filing service provider
31to use any single method of payment but shall instead offer a menu
32of payment options that may include credit or debit cards,
33electronic funds transfers, electronic networks for financial
34transactions such as Automated Clearing Housebegin delete (ACH), orend deletebegin insert
(ACH)
35andend insert payment methods that do not charge a transaction cost.
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97