BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1274|
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CONSENT
Bill No: SB 1274
Author: Senate Judiciary Committee
Amended: 3/23/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/13/10
AYES: Corbett, Hancock, Leno, Walters
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Electronic service of process
SOURCE : Judicial Council of California
DIGEST : This bill amends Section 1010.6 of the
Government Code, which authorizes electronic service of
documents, to re-define electronic service to include both
methods of electronic transmission and electronic
notification. Parties may only consent to electronic
service for documents which are not currently required to
be served personally.
ANALYSIS : Existing law permits a trial court to adopt
local rules regarding electronic filing and service of
documents. Documents which may be sent by mail, express
mail, overnight delivery, or facsimile transmission, may
also be served electronically as long as both parties have
agreed to electronic service for that action. Documents
that are filed electronically have the same legal
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implications as the original document and must be filed in
compliance with specified conditions. (Section 1010.6(a)
et seq. of the Code of Civil Procedure)
Existing case law has distinguished between electronic
transmission of a document and electronic notification of a
document, holding that the electronic transmission method
is considered to be the only valid method of electronic
service under current California law. ( Inyst, Ltd. v.
Applied Materials Inc. ( 2009) 170 Cal.App.4th 1129)
This bill allows parties to consent to electronic service
of documents, pursuant to filing rules mandated by the
local trial court and service rules mandated by the
Judicial Council of California.
This bill requires the Judicial Council to adopt uniform
rules relating to the integrity of electronic filing and
service of documents in the trial courts of the state.
This bill provides that documents cannot be served
electronically if they are required to be served
personally. Documents that can be served electronically
may include documents which may be served by mail, express
mail, overnight mail, or facsimile transmission.
This bill provides that the court may also electronically
serve court issued documents, provided that the documents
are not required to be personally served.
This bill defines "electronic service" to include both
electronic notification and electronic transmission as
follows:
1. Electronic notification - occurs when a party receives
notification through an electronic message specifying
the exact name of the document being served, and is
provided a hyperlink at which the document may be viewed
and downloaded.
2. Electronic transmission - occurs when a document is sent
through electronic means to an electronic address that
has been provided by the receiving party.
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This bill provides that electronic service of documents
would be considered complete at the time the electronic
transmission or the electronic notification is sent.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/10)
Judicial Council of California (source)
ARGUMENTS IN SUPPORT : The author states:
"Under current law, if a document may be served by mail,
express mail, overnight delivery, or a facsimile
transmission, electronic service of the notice and its
attached documents may be utilized [if] the parties have
consented to accept the service electronically. (Code of
Civ. Proc. Sec. 1010.6(a)(6).) A document that is filed
electronically is said to have the same legal effect as
an original paper document. (Code of Civ. Proc. Sec.
1010.6(a).) However, current California statutes
authorize for [electronic] service by electronic
transmission, but not by electronic notification.
"? This bill would update California statutes to reflect
advances in modern technology and provide a more
efficient, paperless option of serving notice. Code of
Civil Procedure Section 1010.6 would be amended to
redefine electronic service to include both electronic
transmission and electronic notification ? . The party
to be served must have consented to being served
electronically.
"Additionally, this bill would provide that once a party
has consented to accept electronic service, the court has
authorization to electronically serve any document issued
by the court which is not required to be personally
served. This bill would have no effect on other
California statues which require specific notices to be
served personally."
The Judicial Council, sponsor of this bill, states that SB
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1274 "expands the court's ability to serve certain
documents electronically, which promotes its use and
increases the overall efficiency of the service process."
RJG:mw 4/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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