BILL NUMBER: AB 2073 CHAPTERED
BILL TEXT
CHAPTER 320
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2012
APPROVED BY GOVERNOR SEPTEMBER 14, 2012
PASSED THE SENATE AUGUST 22, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE JUNE 26, 2012
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, 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 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. The bill would
also require the Judicial Council to adopt uniform rules to permit
mandatory electronic filing and service of documents in eligible
civil actions on or before July 1, 2014. The bill would authorize a
superior court to require mandatory electronic filing, as specified,
upon the adoption of those uniform rules by the Judicial Council.
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), 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 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 shall have the ability to maintain the official
court record in electronic format for all cases where electronic
filing is required.
(B) The court and the parties shall have access either to more
than one electronic filing service provider capable of electronically
filing documents with the court, or to electronic filing 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 deemed appropriate by the
court, including, but not limited to, for any party who has received
a fee waiver. Any fees charged by an electronic filing service
provider shall be reasonable and shall be waived when deemed
appropriate by the court, including, but not limited to, for any
party who has received a fee waiver.
(C) The court shall 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, but not limited to, unrepresented parties.
(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.
(2) If a pilot project is established pursuant to paragraph (1),
the Judicial Council shall conduct an evaluation of the pilot project
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, on or 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,
reasonable exceptions to electronic filing, 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.
(g) (1) Upon the adoption of uniform rules by the Judicial Council
for mandatory electronic filing and service of documents for
specified civil actions in the trial courts of the state, as
specified in subdivision (f), a superior court may, by local rule,
require mandatory electronic filing, pursuant to paragraph (2) of
this subdivision.
(2) Any superior court that elects to adopt mandatory electronic
filing shall do so pursuant to the requirements and conditions set
forth in this section, including, but not limited to, paragraphs (1),
(2), (4), (5), and (6) of subdivision (b) of this section, and
subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (d),
and pursuant to the rules adopted by the Judicial Council, as
specified in subdivision (f).