File #: 19-155    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/9/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Electronic Filing and Service (Action Required)
Attachments: 1. 20190924-19-155

Title

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.