BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2073|
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THIRD READING
Bill No: AB 2073
Author: Silva (R)
Amended: 8/21/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 70-0, 5/25/12 (Consent) - See last page
for vote
SUBJECT : Courts: electronic filing and service of
documents
SOURCE : Orange County Superior Court
DIGEST : This bill (1) authorizes the Superior Court of
Orange County, until July 1, 2014, to establish a pilot
project by local rule to require parties to specified civil
actions to electronically file and serve documents, as
specified, (2) requires the Judicial Council (Council) to
evaluate and report to the Legislature on the results of
that evaluation, as specified, or before December 31, 2013,
and (3) requires the Council, by July 1, 2014, to adopt
uniform rules to permit the mandatory electronic filing
(e-filing) and service of documents for specified civil
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actions in the trial courts of the state, as specified.
ANALYSIS : Existing law provides that a document may be
served electronically in an action filed with the court
under this section and in accordance with applicable Rules
of Court, as specified. (Code of Civil Procedure (CCP)
Section 1010.6(a))
Existing law provides that in any action in which a party
has agreed to accept electronic service or in which the
court has ordered electronic service, as specified, 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.
Existing law provides that electronic service shall have
the same legal effect as service by mail, except as
provided. (CCP Section 1010.6(a)(3))
Existing law provides that a trial court may adopt local
rules permitting e-filing of documents, subject to Rules of
Court adopted as specified and subject to specified
conditions. These include conditions relating to
electronic signatures and fee waivers, among other things.
(CCP Section 1010.6(b)(1)-(6))
Existing law provides that a local rule would be subject
to, among other things, the condition that 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. Existing law specifies that "close
of business" means 5 p.m. or at the time at which the court
would not accept filing at the court's filing counter,
whichever is earlier. (CCP Section 1010.6(b)(3))
Existing law permits a court to require e-filing of
documents in complex civil litigation cases, as specified,
provided that it does not cause undue hardship or
significant prejudice to any party in the action. (CCP
Section 1010.6(c))
Existing law requires the Council to adopt uniform rules
for the e-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,
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and rules relating to the integrity of the electronic
service. Existing law requires these rules to conform to
the conditions set in CCP Section 1010.6, as amended from
time to time. (CCP Section 1010.6(d))
Existing Rules of Court provide for rules regarding
e-filing and serving of documents that any local rule would
be subject pursuant to Section 1010.6(c), above.
(California Rules of Court, Division 3, Chapter 2, rules
2.250-2.261)
This bill provides that, notwithstanding the authority of
the trial court to adopt local rules permitting e-filing of
documents, as specified, the Orange County Superior Court
may, by local rule and until July 1, 2014, establish a
pilot project to require parties to specified civil actions
to electronically file and serve documents, subject to
specified requirements and rules adopted by Council, as
specified, and the following specified conditions:
1. The court shall have the ability to maintain the
official court record in electronic format for all cases
where e-filing is required;
2. The court and the parties shall have access to more than
one electronic service provider capable of
electronically filing documents with the court,
including access directly through the court, and any
fees charged by the court or by an electronic service
provided shall be as specified and waived when deemed
appropriate by the court, including for any party who
has received a fee waiver;
3. The court must have 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;
and
4. A court that elects to require e-filing pursuant to this
authority for the Orange County Superior Court to
establish a pilot project, may permit documents to be
filed electronically until 12 a.m. on the day after the
Court date that the filing is due and the filing shall
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be considered timely, except as otherwise specified.
This bill provides that if a pilot project is established,
as specified, the Council shall evaluate and report to the
Legislature, on or before December 31, 2013, on the results
of the evaluation, including, 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.
This bill also requires the Council, on or before July 1,
2014, to adopt uniform rules to permit the mandatory
e-filing and service of documents for specified civil
actions in the trial courts of the state, as informed by
the study it conducted of the pilot. This bill also
requires Council to include within those rules 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, and requires that those rules conform
to the conditions of the existing law section on e-filing
and service, as amended time to time.
This bill provides that upon the adoption of uniform rules
by the Council for mandatory e-filing and service of
documents for specified civil actions in the trial courts
of the state, as specified.
This bill provides that a superior court may, by local
rule, require mandatory e-filing, as specified.
This bill provides that any superior court that elects to
adopt mandatory e-filing shall do so pursuant to the
requirements and conditions set forth in this bill, and
pursuant to the rules adopted by the Council, as specified.
This bill makes other technical and conforming changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs in the range of $28,000 to $50,000
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(General Fund) for the Council to conduct the evaluation
of the pilot project and prepare the report to the
Legislature by December 31, 2013.
One-time likely minor costs (General Fund) for the
Council to develop and adopt the uniform rules of court
by July 1, 2014.
Minor costs within its existing budget allocation of
less than $100,000 (General Fund) to the Orange County
Superior Court to operate the pilot. Ongoing future
cost savings in the range of $2 million to the extent
the pilot is successful in increasing efficiencies in
court operations.
Unknown, significant future cost pressure for start-up
infrastructure and resource needs potentially in excess
of $100,000 to $300,000 per court electing to implement
mandatory e-filing to modify court case management
systems to meet standard interface requirements
necessary to effectuate e-filing. To the extent
e-filing results in increased efficiency of court
operations, potentially significant ongoing future cost
savings.
SUPPORT : (Verified 8/21/12)
Orange County Superior Court (source)
Judicial Council
Los Angeles Superior Court
Orange County Bar Association
Riverside County Superior Court
San Diego Superior Court
ARGUMENTS IN SUPPORT : The author writes, "Section 1010.6
of the Code of Civil Procedure currently allows for
electronic filing of certain documents in limited types of
cases. AB 2073 will permit a pilot project in Orange
County Superior Court to provide more widespread use of
electronic filing of court documents, provided certain
conditions are met. In addition, it will require the
Judicial Council to establish statewide rules on the wider
use of electronic filing. Orange County has already seen
substantial cost and efficiency savings, even from their
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limited use of E-filing. �In addition,] the Federal Court
System already uses E-filing."
The sponsor, the Orange County Superior Court, adds:
Our Court accepts approximately one million civil
documents each year for filing by the clerk's office.
At present time, our Court receives about 29% of civil
and probate documents by way of voluntary electronic
filing (E-filing). Documents E-filed by private lawyers
and law firms are virtually guaranteed to be correctly
filed as soon as they are submitted. They do not have
to be docketed by a clerk and they do not have to be
scanned by our imaging department to be placed in our
computer network. . . . While paper documents filed at
the clerk's filing window are almost always processed
correctly, paper documents with a unique title or
ex-parte request may be delayed by 24-48 hours before
they are sent to the courtroom. E-filing virtually
eliminates the problem of lost or improperly processed
documents. Most importantly, once E-filing is complete,
the documents will be immediately available to the
research attorney and to the judge reviewing the
document via the court's computer network. . . .
Due to the E-filing presently occurring in Orange
County, our Court has realized substantial budget
benefits while maintaining a high level of service to
the attorneys and the public who use the Orange County
Super Court . . . �and] has averted the need for
employee lay-offs or unpaid furloughs.
At least 25 other states have adopted some form of
mandatory E-filing . . . Also the Federal Courts
mandate E-filing in every Federal District Court in the
Country. . . . The pilot program for E-filing in
Orange County, established by AB 2073, will be a
significant step in providing the trial courts in the
State of California an efficient and cost-saving tool in
difficult budgetary times.
ASSEMBLY FLOOR : 70-0, 5/25/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block,
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Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Hagman, Halderman, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher,
Fuentes, Grove, Hall, Knight, Ma, Perea, Silva
RJG:k 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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