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03-Oct-2020 11:46

The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section.

The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, 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 received electronically by the court between a.m. on a court day shall be deemed filed on that court day.

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.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.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.

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.

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.

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.

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.