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Title
Rules and Forms | Electronic Filing and Service (Action Required)
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Summary
Summary
The Information Technology Advisory Committee recommends the Judicial Council amend several rules of court relating to electronic filing and service that implement legislation that requires parties and other persons provide express consent to electronic service. In particular, the amendments (1) specify how notice of consent to electronic service is to be given, (2) provide example language for consent, and (3) require electronic filing service providers and electronic filing managers to transmit consent to the courts. In addition, the committee recommends amendments to the rule governing signatures on electronically filed documents. The amendments will reduce the reliance on paper for signatures and include other persons in addition to the parties within the scope of the rule.
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Recommendation
Recommendation
The Information Technology Advisory Committee recommends the Judicial Council, effective January 1, 2020, amend the California Rules of Court as follows:
1. Amend rule 2.251 to specify how notice of consent to electronic service is to be given, and add an advisory committee comment on example language for consent;
2. Amend rule 2.255 to require electronic filing service providers and electronic filing managers to transmit the consent to the court; and
3. Amend rule 2.257 to include requirements for electronic signatures on documents signed under penalty of perjury when the declarant and filer are not the same person, allow electronic signatures of opposing parties, include other persons in addition to the parties within the scope of the rule, and add an advisory committee comment about electronic signatures.