BILL NUMBER: AB 2073 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
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 amended, 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, the Orange
County Superior Court until July 1, 2014, to establish a
pilot project 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.
The bill would require the Judicial Council to conduct an
evaluation of any pilot project established pursuant to that
provision and report to the Legislature on or before December 31,
2013, on the results of the evaluation and adopt uniform rules to
permit mandatory electronic filing and service of documents in
eligible civil actions before July 1, 2014.
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 (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
(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,
the Orange County Superior Court may, by
local rule and until July 1, 2014, establish a pilot project to
require parties to eligible
specified civil actions to electronically file and serve
documents, subject to the requirements set forth in paragraphs
(1), (2), (4), (5), and (6) of subdivision (b) and 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 and the parties have
access to more than one electronic service provider capable of
electronically filing documents with the court .
, including access directly through the court. Any fees charged
by the court shall be for no more than the actual cost of the
electronic filing and service of the documents, and shall be waived
when appropriate, including for any party who has received a fee
waiver. Any fees charged by an electronic service provider shall be
reasonable and shall be waived when appropriate, including for any
party who has received a fee waiver."
(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 , including
unrepresented parties .
(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)
(D) 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.
(2) If a pilot project is established pursuant to paragraph (1),
the Judicial Council shall conduct an evaluation of and report to the
Legislature, on or before December 31, 2013, on the results of the
evaluation. The evaluation shall review, among other things, the cost
of the program to participants, cost-effectiveness for the court,
effect on unrepresented parties and parties with fee waivers, and
ease of use for participants.
(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.
(f) The Judicial Council shall, before July 1, 2014, adopt uniform
rules to permit the mandatory electronic filing and service of
documents for specified civil actions in the trial courts of the
state, which shall be informed by any study performed pursuant to
paragraph (2) of subdivision (d) and which shall include statewide
policies on vendor contracts, privacy, access to public records,
unrepresented parties, parties with fee waivers, hardships, 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.