An act to amend Sections 664.5, 1010.6, 1011, and 1020 of, and to add Section 1013b to, the Code of Civil Procedure, to add Section 690.5 to the Penal Code, to amend Sections 331, 366, 453, 711, 715, 732, 733, 1050, 1209, 1212, 1213, 1214, 1215, 1217, 1220, 1250, 1252, 1460, 1461, 1461.4, 1461.5, 1511, 1513.2, 1516, 1542, 1822, 1826, 1827.5, 1830, 1842, 1847, 1851, 2214, 2250, 2352, 2357, 2361, 2610, 2611, 2612, 2614, 2683, 2684, 2700, 2702, 2804, 2808, 3088, 3131, 3206, 3602, 3704, 3801, 3918, 8100, 8110, 8111, 8200, 8203, 8469, 8522, 8803, 8903, 8906, 8924, 9052, 9153, 9732, 9762, 9783, 9787, 10585, 10586, 10587, 11601, 13200, 13655, 15686, 16061.7, 16061.8, 16061.9, 16336.6, 16501, 16502, 16503, 17203, 17204, 17205, 17403, 17454, 19011, 19024, 19040, 19052, 19150, 19153, 19323, 20122, and 20222 of, and to amend, renumber, and add Section 1265 of, and to repeal Section 1216 of, the Probate Code, to amend Sections 248, 248.5, 297, 302, 342, 362.4, 364.05, 366.05, 366.21, 366.26, 387, 607.2, 630, 658, 660, 661, 727.4, 728, 777, 778, 779, 785, 903.45, and 5362 of, to amend and repeal Sections 290.1, 290.2, 291, 292, 293, 294, 295, and 316.1 of, and to add Section 212.5 to, the Welfare and Institutions Code, relating to electronic filing and service.(1) Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions.Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions.Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person.
The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions.
The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.(5) Until January 1, 2019, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial court’s mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court’s mandatory electronic filing and service requirements.(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. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation.
These rules shall conform to the conditions set forth in this section, as amended from time to time.(f) The Judicial Council shall 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 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. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.(5) A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.(6) (A) The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents.
Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.(7) A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.(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, 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) A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:(2) The court and the parties shall have access 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.
The court may charge fees of no more than the actual cost of the electronic filing and service of the documents.
These rules shall conform to the conditions set forth in this section, as amended from time to time.(2) Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:(A) The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.(7) An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.(a) If upon an attorney, service may be made at the attorney’s office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof.