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File #: 15-345    Version: 1
Type: Rules Proposal Status: Passed
File created: 9/15/2015 In control: Judicial Council
On agenda: 10/27/2015 Final action: 10/27/2015
Title: Electronic Service: Authorization of Electronic Service on Trial and Appellate Courts (Action Required)
Attachments: 1. 20151027itemA6

Title

Title

Electronic Service: Authorization of Electronic Service on Trial and Appellate Courts (Action Required)

 

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Summary

Summary

The Appellate Advisory Committee and the Information Technology Advisory Committee recommend amending rules 2.251 and 8.71 of the California Rules of Court to authorize electronic service on consenting courts. There is some ambiguity in the current rules regarding whether electronic service is authorized not only by, but also on, a court. This rule proposal would add language to rules 2.251 and 8.71 to clarify that electronic service on a court is permissible under the rules.

 

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Recommendation

Recommendation

The Appellate Advisory Committee and Information Technology Advisory Committee recommend that the Judicial Council, effective January 1, 2016, amend rules 2.251 and 8.71 of the California Rules of Court to:

1.                     Add new subdivisions (j)(2) to rule 2.251 and (g)(2) to rule 8.71 that would authorize trial and appellate courts to consent to electronic service by either serving a notice on all parties or adopting a local rule; and

2.                     Make nonsubstantive amendments to subdivisions (a) and (c) of rule 8.71 that would make this rule more consistent with the language of trial court rule 2.251 and would consolidate provisions relating to the authorization for electronic service in the appellate courts.