Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.(4) The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed.
This bill would incorporate additional changes to Sections 366.21, 366.26, and 903.45 of the Welfare and Institutions Code proposed by SB 233, SB 438, and SB 190, respectively, to be operative only if this bill and SB 233, SB 438, or SB 190 are enacted and this bill is enacted last.
(a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of 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.
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.
The act of electronic filing shall not be construed as express consent.(3) In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person 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.
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.
If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age, if the attorney’s residence is in the same county with his or her office, and, if the attorney’s residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorney’s residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorney’s residence, if known.
If the party’s residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.(1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.(2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.(3) An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business’ practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.(4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.