California Senate Bill SB1274 Introduced / Bill

 BILL NUMBER: SB 1274INTRODUCED BILL TEXT INTRODUCED BY Committee on Judiciary (Senators Corbett (Chair), Hancock, Harman, Leno, and Walters) FEBRUARY 19, 2010 An act to amend Section 1010.6 of the Code of Civil Procedure, relating to service of process. LEGISLATIVE COUNSEL'S DIGEST SB 1274, as introduced, Committee on Judiciary. Electronic service of process. 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. This bill would modify those conditions, and would authorize 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. The bill would require the Judicial Council to adopt rules relating to the integrity of electronic service. The bill would make other technical and conforming changes. Vote: majority. Appropriation: no. Fiscal committee: no. 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 trial court may adopt local rules permitting electronic filing and service of documents, subject to rules adopted pursuant to subdivision  (b)   (c)  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  person filing in propia persona   self-represented party  , the document shall be deemed to have been signed by that attorney or  person   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) A document may be served electronically in an action filed with the court as provided in this section. "Electronic service" is service of a document, on a party or other person, by either electronic transmission or electronic notification. "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. "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. 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.   (6) Where notice   (7)     If a document  may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the  notice and any accompanying documents   document  may be authorized when a party has agreed to accept service electronically in that action.  Electronic   (8) In any action in which a party has agreed to accept electronic service under paragraph (7), or in which the court has ordered electronic service under subdivision (b), 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 (9).   (9)     Electronic  service  of a document  is complete at the time of  the electronic  transmission  , but   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  transmission   means  by two court days, but the extension shall not apply to extend the time for filing  notice   any of the following:   (A)     A notice  of intention to move for new  trial, notice   trial.   (B)     A notice  of intention to move to vacate judgment  pursuant to   under  Section  663a, or notice   663a.   (C)    A notice  of appeal.  This   This  extension applies in the absence of a specific exception provided for by any other statute or rule of court.  (7)  (10)  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  Section 68511.3   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  Section 68511.3   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.  (8)   (b)  If a trial court adopts rules conforming to  paragraphs (1) to (7), inclusive   subdivision (a)  , 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.  (b) By January 1, 2003, the   (c)     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.