File #: 19-184    Version: 1
Type: Legislative Proposal Status: Passed
File created: 8/2/2019 In control: Judicial Council
On agenda: 11/14/2019 Final action: 11/14/2019
Title: Judicial Council-Sponsored Legislation | Signatures and Consistent Fee Provisions With Electronic Filing and Service (Action Required)
Attachments: 1. 20191114-19-184

Title

Title

Judicial Council-Sponsored Legislation | Signatures and Consistent Fee Provisions With Electronic Filing and Service (Action Required)

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Summary

Summary

The Policy Coordination and Liaison Committee and Information Technology Advisory Committee recommend sponsoring legislation to amend Code of Civil Procedure section 1010.6, which governs electronic filing and service in civil matters in the trial courts. The proposal would (1) create consistency in fee provisions by allowing courts to recover no more than their actual costs regardless of whether electronic filing and service are permitted by local rule, required by court order, or required by local rule; and (2) account for signatures not made under penalty of perjury by persons other than the filer.

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Recommendation

Recommendation

The Policy Coordination and Liaison Committee and Information Technology Advisory Committee recommend that the Judicial Council sponsor legislation to amend Code of Civil Procedure section 1010.6, effective January 1, 2021, to:

 

1.                     Allow courts to recover no more than the actual costs they incur for permissive electronic filing and electronic filing by court order; and

2.                     Account for electronic signatures not made under penalty of perjury by persons other than the filer.