BILL NUMBER: AB 2073 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Silva
FEBRUARY 23, 2012
An act to amend Section 1010.6 of the Code of Civil Procedure,
relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 2073, as introduced, Silva. Courts: electronic filing and
service of documents.
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.
Existing law also authorizes 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.
This bill would authorize a trial court, by order and at the
discretion of the presiding judge, to require parties to eligible
civil actions, as specified, to electronically file and serve
documents, subject to rules adopted by the Judicial Council and other
specified conditions.
Vote: majority. Appropriation: no. Fiscal committee: 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) (e)
.
(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) or (d) , 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 of documents, subject to rules adopted pursuant to subdivision
(d) (e) 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) 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.
(c) If a trial court adopts rules conforming to subdivision (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.
(d) (1) Notwithstanding subdivision (b), at the discretion of the
presiding judge, a trial court may, by order, require parties to
eligible civil actions to electronically file and serve documents,
subject to rules adopted pursuant to subdivision (e) and the
following conditions:
(A) The court has the ability to maintain the official court
record in electronic format for all cases where electronic filing is
required.
(B) The court has access to more than one electronic service
provider capable of electronically filing documents with the court.
(C) The court has a procedure for the filing of nonelectronic
documents in order to prevent the program from causing undue hardship
or significant prejudice to any party in an action.
(D) The conditions specified in paragraphs (1) and (2) of
subdivision (b) shall apply.
(2) The following civil actions are eligible for electronic filing
and service pursuant to this subdivision:
(A) All cases assigned to a judge for all purposes.
(B) All cases assigned to a specific courtroom or courthouse.
(C) All civil cases.
(D) All cases of a specific category, including, but not limited
to, contract, collection, personal injury, or employment.
(E) Any combination of the cases described in subparagraphs (A) to
(D), inclusive.
(3) A court that elects to require electronic filing pursuant to
this subdivision may permit documents to be filed electronically
until 12 a.m. of the day after the court date that the filing is due,
and the filing shall be considered timely. However, if same day
service of a document is required, the document shall be
electronically filed by 5 p.m. on the court date that the filing is
due. Ex parte documents shall be electronically filed on the same
date and within the same time period as would be required for the
filing of a hard copy of the ex parte documents at the clerk's window
in the participating county. Documents filed on or after 12 a.m., or
filed upon a noncourt day, will be deemed filed on the soonest court
day following the filing.
(4) The election under this subdivision to require electronic
filing of documents may be revoked by the presiding judge of the
court at any time.
(d)
(e) 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.