BILL NUMBER: SB 1274 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Senators Corbett (Chair),
Hancock, Harman, Leno, and Walters)
FEBRUARY 19, 2010
An act to amend Section 1010.6 of the Code of Civil Procedure,
relating to service of process.
LEGISLATIVE COUNSEL'S DIGEST
SB 1274, as introduced, 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.
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 trial court may adopt local rules permitting
electronic filing and service of documents, subject to rules adopted
pursuant to subdivision (b) (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 person filing
in propia persona self-represented party , the
document shall be deemed to have been signed by that attorney or
person 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.
(6) Where notice
(7) If a document may be served
by mail, express mail, overnight delivery, or facsimile transmission,
electronic service of the notice and any accompanying
documents document may be authorized when a
party has agreed to accept service electronically in that action.
Electronic
(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 , but 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 transmission
means by two court days, but the extension shall not apply to
extend the time for filing notice any of the
following:
(A) A notice of intention to move
for new trial, notice trial.
(B) A notice of intention to move
to vacate judgment pursuant to under
Section 663a, or notice 663a.
(C) A notice of appeal.
This
This extension applies in the absence of a specific
exception provided for by any other statute or rule of court.
(7)
(10) 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
Section 68511.3 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
Section 68511.3 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.
(8)
(b) If a trial court adopts rules conforming to
paragraphs (1) to (7), inclusive subdivision
(a) , 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.
(b) By January 1, 2003, the
(c) 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.