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(a) Construction of rules
The rules in this chapter must be construed to authorize and permit filing and service by electronic means to the extent feasible.
(Subd (a) adopted effective January 1, 2011.)
(b) Definitions
As used in this chapter, unless the context otherwise requires:
(1) A “document” is a pleading, a declaration, an exhibit, or another writing submitted by a party or other person, or by an agent of a party or other person on the party’s or other person’s behalf. A document is also a notice, order, judgment, or other issuance by the court. A document may be in paper or electronic form.
(2) “Electronic service” has the same meaning as defined in Code of Civil Procedure section 1010.6.
(3) “Electronic transmission” has the same meaning as defined in Code of Civil Procedure section 1010.6.
(4) “Electronic notification” has the same meaning as defined in Code of Civil Procedure section 1010.6.
(5) “Electronic service address” means the electronic address at or through which the party or other person has authorized electronic service.
(6) An “electronic filer” is a party or other person filing a document in electronic form directly with the court, by an agent, or through an electronic filing service provider.
(7) “Electronic filing” is the electronic transmission to a court of a document in electronic form. For the purposes of this chapter, this definition concerns the activity of filing and does not include the processing and review of the document, and its entry into the court records, which are necessary for a document to be officially filed.
(8) An “electronic filing service provider” is a person or entity that receives an electronic filing from a party or other person for retransmission to the court or for electronic service on other parties or other persons, or both. In submission of filings, the electronic filing service provider does so on behalf of the electronic filer and not as an agent of the court.
(Subd (b) amended effective January 1, 2019; adopted as unlettered subd effective January 1, 2003; previously amended and lettered effective January 1, 2011; previously amended effective July 1, 2013, and January 1, 2018.)
Rule 2.250 amended effective January 1, 2019; adopted as rule 2050 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2008, January 1, 2011, July 1, 2013, and January 1, 2018.
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(a) Authorization for electronic service
When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6 and the rules in this chapter.
(Subd (a) amended effective July 1, 2013; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2011.)
(b) Electronic service by express consent
(1) A party or other person indicates that the party or other person agrees to accept electronic service by:
(A) Serving a notice on all parties and other persons that the party or other person accepts electronic service and filing the notice with the court. The notice must include the electronic service address at which the party or other person agrees to accept service; or
(B) Manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic service address with that consent for the purpose of receiving electronic service. A party or other person may manifest affirmative consent by serving notice of consent to all parties and other persons and either:
(i) Agreeing to the terms of service with an electronic filing service provider, which clearly states that agreement constitutes consent to receive electronic service; or
(ii) Filing Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV).
(2) A party or other person that has consented to electronic service under (1) and has used an electronic filing service provider to serve and file documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party or other person in the case, until such time as the party or other person designates a different agent for service.
(Subd (b) amended effective January 1, 2020; adopted as part of subd (a); previously amended and relettered effective July 1, 2013; previously amended effective January 1, 2007, January 1, 2008, January 1, 2011, January 1, 2018, and January 1, 2019.)
(c) Electronic service required by local rule or court order
(1) A court may require parties to serve documents electronically in specified actions by local rule or court order, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.
(2) A court may require other persons to serve documents electronically in specified actions by local rule, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.
(3) Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless:
(A) The court orders otherwise, or
(B) The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.
(4) Each party or other person that is required to serve and accept service of documents electronically must provide all other parties or other persons in the action with its electronic service address and must promptly notify all other parties, other persons, and the court of any changes under (g).
(Subd (c) amended effective January 1, 2018; adopted effective July 1, 2013.)
(d) Additional provisions for electronic service required by court order
(1) If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to serve all documents electronically, except when personal service is required by statute or rule.
(2) A court may combine an order for mandatory electronic service with an order for mandatory electronic filing as provided in rule 2.253(c).
(3) If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed, electronically served, or such later time as the court may specify.
(4) If the court has previously ordered parties in a case to electronically serve documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically serve documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.
(Subd (d) adopted effective January 1, 2018.)
(e) Maintenance of electronic service lists
A court that permits or requires electronic filing in a case must maintain and make available electronically to the parties and other persons in the case an electronic service list that contains the parties’ or other persons’ current electronic service addresses, as provided by the parties or other persons that have filed electronically in the case.
(Subd (e) amended and relettered effective January 1, 2018; adopted effective January 1, 2008 as subd (b); previously amended and relettered as subd (d) effective July 1, 2013; previously amended effective January 1, 2010, and January 1, 2011.)
(f) Service by the parties and other persons
(1) Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.
(2) A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.
(Subd (f) amended and relettered effective January 1, 2018; adopted as subd (c) effective January 1, 2008; previously amended and relettered as subd (e) effective July 1, 2013; previously amended effective January 1, 2011.)
(g) Change of electronic service address
(1) A party or other person whose electronic service address changes while the action or proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties and all other persons required to be served.
(2) A party’s or other person’s election to contract with an electronic filing service provider to electronically file and serve documents or to receive electronic service of documents on the party’s or other person’s behalf does not relieve the party or other person of its duties under (1).
(3) An electronic service address is presumed valid for a party or other person if the party or other person files electronic documents with the court from that address and has not filed and served notice that the address is no longer valid.
(Subd (g) amended and relettered effective January 1, 2018; adopted as subd (d) effective January 1, 2008; previously relettered as subd (f) effective July 1, 2013; previously amended effective January 1, 2011.)
(h) Reliability and integrity of documents served by electronic notification
A party or other person that serves a document by means of electronic notification must:
(1) Ensure that the documents served can be viewed and downloaded using the hyperlink provided;
(2) Preserve the document served without any change, alteration, or modification from the time the document is posted until the time the hyperlink is terminated; and
(3) Maintain the hyperlink until either:
(A) All parties in the case have settled or the case has ended and the time for appeals has expired; or
(B) If the party or other person is no longer in the case, the party or other person has provided notice to all other parties and other persons required to receive notice that it is no longer in the case and that they have 60 days to download any documents, and 60 days have passed after the notice was given.
(Subd (h) amended and relettered effective January 1, 2018; adopted as subd (e) effective January 1, 2011, previously relettered as subd (g) effective July 1, 2013.)
(i) When service is complete
(1) Electronic service of a document is complete as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.
(2) If an electronic filing service provider is used for service, the service is complete at the time that the electronic filing service provider electronically transmits the document or sends electronic notification of service.
Subd (i) amended and relettered effective January 1, 2018; adopted as subd (b); previously amended effective January 1, 2007; previously relettered as subd (e) effective January 1, 2008; previously amended and relettered as subd (f) effective January 1, 2011, and as subd (h) effective July 1, 2013.)
(j) Proof of service
(1) Proof of electronic service shall be made as provided in Code of Civil Procedure section 1013b.
(2) Under rule 3.1300(c), proof of electronic service of the moving papers must be filed at least five court days before the hearing.
(3) If a person signs a printed form of a proof of electronic service, the party or other person filing the proof of electronic service must comply with the provisions of rule 2.257(a).
Rule 2.251 amended effective January 1, 2020; adopted as rule 2060 effective January 1, 2003; previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251 effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1, 2009, January 1, 2010, July 1, 2013, January 1, 2016, January 1, 2017, January 1, 2018, and January 1, 2019.
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(a) In general
A court may provide for electronic filing of documents in actions and proceedings as provided under Code of Civil Procedure section 1010.6 and the rules in this chapter.
(Subd (a) amended effective July 1, 2013; previously amended effective January 1, 2007.)
(b) Direct and indirect electronic filing
Except as otherwise provided by law, a court may provide for the electronic filing of documents directly with the court, indirectly through one or more approved electronic filing service providers, or through a combination of direct and indirect means.
(Subd (b) adopted effective July 1, 2013.)
(c) No effect on filing deadline
Filing a document electronically does not alter any filing deadline.
(Subd (c) amended effective January 1, 2018; adopted effective July 1, 2013.)
(d) Filing in paper form
When it is not feasible for a party or other person to convert a document to electronic form by scanning, imaging, or another means, a court may allow that party or other person to file the document in paper form.
(Subd (d) amended effective January 1, 2018; adopted effective July 1, 2013.)
(e) Original documents
In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.
(Subd (f) amended effective January 1, 2018; adopted as subd (c); previously relettered as subd (f) effective July 1, 2013; previously amended effective January 1, 2007.)
(g) Orders and judgments
The court may electronically file any notice, order, minute order, judgment, or other document prepared by the court.
(Subd (g) relettered effective July 1, 2013; adopted as subd (d).)
(h) Proposed orders
Proposed orders may be filed and submitted electronically as provided in rule 3.1312.
(Subd (h) relettered effective July 1, 2013; adopted as subd (e) effective January 1, 2011.)
Rule 2.252 amended effective January 1, 2018; adopted as rule 2052 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, and July 1, 2013.
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(a) Permissive electronic filing by local rule
A court may permit parties by local rule to file documents electronically in any types of cases, subject to the conditions in Code of Civil Procedure section 1010.6 and the rules in this chapter.
(Subd (a) amended effective January 1, 2018; adopted effective July 1, 2013.)
(b) Mandatory electronic filing by local rule
A court may require parties by local rule to electronically file documents in civil actions directly with the court, or directly with the court and through one or more approved electronic filing service providers, or through more than one approved electronic filing service provider, subject to the conditions in Code of Civil Procedure section 1010.6, the rules in this chapter, and the following conditions:
(1) The court must specify the types or categories of civil actions in which parties or other persons are required to file and serve documents electronically. The court may designate any of the following as eligible for mandatory electronic filing and service:
(A) All civil cases;
(B) All civil cases of a specific category, such as unlimited or limited civil cases;
(C) All civil cases of a specific case type, including but not limited to, contract, collections, personal injury, or employment;
(D) All civil cases assigned to a judge for all purposes;
(E) All civil cases assigned to a specific department, courtroom or courthouse;
(F) Any class actions, consolidated actions, or group of actions, coordinated actions, or actions that are complex under rule 3.403; or
(G) Any combination of the cases described in subparagraphs (A) to (F), inclusive.
(2) Self-represented parties or other self-represented persons are exempt from any mandatory electronic filing and service requirements adopted by courts under this rule and Code of Civil Procedure section 1010.6.
(3) In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.
(4) A party or other person that is required to file and serve documents electronically must be excused from the requirements if the party or other person shows undue hardship or significant prejudice. A court requiring the electronic filing and service of documents must have a process for parties or other persons, including represented parties or other represented persons, to apply for relief and a procedure for parties or other persons excused from filing documents electronically to file them by conventional means.
(5) Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6.
(6) The effective date of filing any document received electronically is prescribed by Code of Civil Procedure section 1010.6. This provision concerns only the effective date of filing. Any document that is received electronically must be processed and satisfy all other legal filing requirements to be filed as an official court record.
(7) A court that adopts a mandatory electronic filing program under this subdivision must report semiannually to the Judicial Council on the operation and effectiveness of the court’s program.
(Subd (b) amended effective January 1, 2018; adopted effective July 1, 2013.)
(c) Electronic filing by court order
(1) If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to file all documents electronically.
(2) A court may combine an order for mandatory electronic filing with an order for mandatory electronic service as provided in rule 2.252(d).
(3) If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed or electronically served or such later time as the court may specify.
(4) If the court has previously ordered parties in a case to electronically file documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically file documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.
(5) The court’s order may also provide that:
(A) Documents previously filed in paper form may be resubmitted in electronic form; and
(B) When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.
(Subd (c) amended effective January 1, 2018; adopted as subd (a) and part of subd (b); previously amended and relettered as subd (c) effective July 1, 2013; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2011.)
Rule 2.253 amended effective January 1, 2018; adopted as rule 2053 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2011, and July 1, 2013.
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(a) Publication of electronic filing requirements
Each court that permits or mandates electronic filing must publish, in both electronic and print formats, the court’s electronic filing requirements.
(Subd (a) amended effective July 1, 2013; adopted as subd (b); previously amended effective January 1, 2007; previously relettered effective January 1, 2011.)
(b) Problems with electronic filing
If the court is aware of a problem that impedes or precludes electronic filing, it must promptly take reasonable steps to provide notice of the problem.
(Subd (b) amended effective January 1, 2018; adopted as subd (c); previously relettered as subd (b) effective January 1, 2011; previously amended effective January 1, 2007.)
(c) Public access to electronically filed documents
Except as provided in rules 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is sealed under rule 2.551(b) or made confidential by law.
(Subd (c) amended and relettered effective January 1, 2011; adopted as subd (d); previously amended effective January 1, 2007.)
Rule 2.254 amended effective January 1, 2018; adopted as rule 2054 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, and July 1, 2013.
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(a) Right to contract
(1) A court may contract with one or more electronic filing service providers to furnish and maintain an electronic filing system for the court.
(2) If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider.
(3) A court may contract with one or more electronic filing managers to act as an intermediary between the court and electronic filing service providers.
(4) If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them.
(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2011.)
(b) Provisions of contract
(1) The court’s contract with an electronic filing service provider may:
(A) Allow the provider to charge electronic filers a reasonable fee in addition to the court’s filing fee;
(B) Allow the provider to make other reasonable requirements for use of the electronic filing system.
(2) The court’s contract with an electronic filing service provider must comply with the requirements of Code of Civil Procedure section 1010.6.
(3) The court’s contract with an electronic filing manager must comply with the requirements of Code of Civil Procedure section 1010.6.
(Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2018.)
(c) Transmission of filing to court
(1) An electronic filing service provider must promptly transmit any electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court directly or through the court’s electronic filing manager.
(2) An electronic filing manager must promptly transmit an electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court.
(Subd (c) amended effective January 1, 2020; previously amended effective January 1, 2011, and January 1, 2019.)
(d) Confirmation of receipt and filing of document
(1) An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court.
(2) The electronic filing service provider must send its confirmation to the filer’s electronic service address and must indicate the date and time of receipt, in accordance with rule 2.259(a).
(3) After reviewing the documents, the court must promptly transmit to the electronic filing service provider and the electronic filer the court’s confirmation of filing or notice of rejection of filing, in accordance with rule 2.259.
(Subd (d) amended effective January 1, 2011; previously amended effective January 1, 2007.)
(e) Ownership of information
All contracts between the court and electronic filing service providers or the court and electronic filing managers must acknowledge that the court is the owner of the contents of the filing system and has the exclusive right to control the system’s use.
(Subd (e) amended effective January 1, 2019; previously amended effective January 1, 2007.)
(f) Establishing a filer account with an electronic filing service provider
(1) An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider.
(2) This provision applies only to the creation of an account and not to the use of an electronic filing service provider’s services. An electronic filing service provider may require a filer to provide a credit card, debit card, or bank account information before rendering services unless the services are within the scope of a fee waiver granted by the court to the filer.
(Subd (f) adopted effective January 1, 2019.)
Rule 2.255 amended effective January 1, 2020; adopted as rule 2055 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, January 1, 2018, and January 1, 2019.
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(a) Conditions of filing
Each electronic filer must:
(1) Comply with any court requirements designed to ensure the integrity of electronic filing and to protect sensitive personal information.
(2) Furnish information the court requires for case processing.
(3) Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court’s electronic filing system and to other users of that system.
(4) Furnish one or more electronic service addresses, in the manner specified by the court. This only applies when the electronic filer has consented to or is required to accept electronic service.
(5) Immediately provide the court and all parties with any change to the electronic filer’s electronic service address. This only applies when the electronic filer has consented to or is required to accept electronic service.
(6) If the electronic filer uses an electronic filing service provider, provide the electronic filing service provider with the electronic address at which the filer is to be sent all documents and immediately notify the electronic filing service provider of any change in that address.
(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 2007, January 1, 2011, and July 1, 2013.)
(b) Format of documents to be filed electronically
A document that is filed electronically with the court must be in a format specified by the court unless it cannot be created in that format. The format adopted by a court must meet the following requirements:
(1) The software for creating and reading documents must be in the public domain or generally available at a reasonable cost.
(2) The printing of documents must not result in the loss of document text, format, or appearance.
(3) The document must be text searchable when technologically feasible without impairment of the document’s image.
If a document is filed electronically under the rules in this chapter and cannot be formatted to be consistent with a formatting rule elsewhere in the California Rules of Court, the rules in this chapter prevail.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2006, January 1, 2008, and January 1, 2010.)
Rule 2.256 amended effective January 1, 2018; adopted as rule 2056 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2008, January 1, 2010, January 1, 2011, July 1, 2013, and January 1, 2017.
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(a) Electronic signature
An electronic signature is an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign a document or record created, generated, sent, communicated, received, or stored by electronic means.
(Subd (a) adopted effective January 1, 2019.)
(b) Documents signed under penalty of perjury
When a document to be filed electronically provides for a signature under penalty of perjury of any person, the document is deemed to have been signed by that person if filed electronically provided that either of the following conditions is satisfied:
(1) The declarant has signed the document using an electronic signature and declares under penalty of perjury under the laws of the state of California that the information submitted is true and correct. If the declarant is not the electronic filer, the electronic signature must be unique to the declarant, capable of verification, under the sole control of the declarant, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated; or
(2) The declarant, before filing, has physically signed a printed form of the document. By electronically filing the document, the electronic filer certifies that the original, signed document is available for inspection and copying at the request of the court or any other party. In the event this second method of submitting documents electronically under penalty of perjury is used, the following conditions apply:
(A) At any time after the electronic version of the document is filed, any party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court.
(B) Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties.
(C) At any time after the electronic version of the document is filed, the court may order the filing party or other person to produce the original signed document in court for inspection and copying by the court. The order must specify the date, time, and place for the production and must be served on all parties.
(D) Notwithstanding (A)-(C), local child support agencies may maintain original, signed pleadings by way of an electronic copy in the statewide automated child support system and must maintain them only for the period of time stated in Government Code section 68152(a). If the local child support agency maintains an electronic copy of the original, signed pleading in the statewide automated child support system, it may destroy the paper original.
(Subd (b) amended effective January 1, 2020; adopted as subd (a); previously amended effective January 1, 2007, July 1, 2016, and January 1, 2018; previously relettered and amended as subd (b) effective January 1, 2019.)
(c) Documents not signed under penalty of perjury
(1) If a document does not require a signature under penalty of perjury, the document is deemed signed by person who filed it electronically.
(2) When a document to be filed electronically, such as a stipulation, requires the signatures of opposing parties or persons other than the filer not under penalty of perjury, the following procedures apply:
(A) The opposing party or other person has signed a printed form of the document before, or on the same day as, the date of filing. The electronic filer must maintain the original, signed document and must make it available for inspection and copying as provided in (b)(2) of this rule and Code of Civil Procedure section 1010.6. The court and any other party may demand production of the original signed document in the manner provided in (b)(2)(A)-(C). By electronically filing the document, the electronic filer indicates that all parties have signed the document and that the filer has the signed original in his or her possession; or
(B) The opposing party or other person has signed the document using an electronic signature and that electronic signature is unique to the person using it, capable of verification, under the sole control of the person using it, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated.
(Subd (c) amended effective January 1, 2020; adopted as subd (b); previously amended effective January 1, 2007; relettered as subd (c) effective January 1. 2019.)
(d) Digital signature
A party or other person is not required to use a digital signature on an electronically filed document.
(Subd (d) amended and relettered effective January 1, 2020; adopted as subd (d); previously relettered as subd (e) effective January 1, 2019.)
(e) Judicial signatures
If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law.
(Subd (e) relettered effective January 1, 2020; adopted as subd (e) effective January 1, 2008; previously relettered as subd (f) effective January 1, 2019.)
Rule 2.257 amended effective January 1, 2020; adopted as rule 2057 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008, July 1, 2016, January 1, 2018, and January 1, 2019.
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(a) Use of credit cards and other methods
A court may permit the use of credit cards, debit cards, electronic fund transfers, or debit accounts for the payment of filing fees associated with electronic filing, as provided in Government Code section 6159, rule 10.820, and other applicable law. A court may also authorize other methods of payment.
(Subd (a) amended effective January 1, 2007.)
(b) Fee waivers
Eligible persons may seek a waiver of court fees and costs, as provided in Government Code sections 68630-68641, rule 2.252(f), and division 2 of title 3 of these rules.
(Subd (b) amended effective July 1, 2013; previously amended effective January 1, 2007, and January 1, 2010.)
Rule 2.258 amended effective July 1, 2013; adopted as rule 2058 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2010.
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(a) Confirmation of receipt and filing of document
(1) Confirmation of receipt
When a court receives an electronically submitted document, the court must promptly send the electronic filer confirmation of the court’s receipt of the document, indicating the date and time of receipt. A document is considered received at the date and time the confirmation of receipt is created.
(2) Confirmation of filing
If the document received by the court under (1) complies with filing requirements and all required filing fees have been paid, the court must promptly send the electronic filer confirmation that the document has been filed. The filing confirmation must indicate the date and time of filing and is proof that the document was filed on the date and at the time specified. The filing confirmation must also specify:
(A) Any transaction number associated with the filing;
(B) The titles of the documents as filed by the court; and
(C) The fees assessed for the filing.
(3) Transmission of confirmations
The court must send receipt and filing confirmation to the electronic filer at the electronic service address the filer furnished to the court under rule 2.256(a)(4). The court must maintain a record of all receipt and filing confirmations.
(4) Filer responsible for verification
In the absence of the court’s confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.
(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007, and January 1, 2008.)
(b) Notice of rejection of document for filing
If the clerk does not file a document because it does not comply with applicable filing requirements or because the required filing fee has not been paid, the court must promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.
(Subd (b) amended effective January 1, 2007.)
(c) Delayed delivery
If a technical problem with a court’s electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.
(Subd (c) amended and relettered effective January 1, 2018; adopted as subd (d); previously amended effective January 1, 2007.)
(d) Endorsement
(1) The court’s endorsement of a document electronically filed must contain the following: “Electronically filed by Superior Court of California, County of ________, on _____ (date),” followed by the name of the court clerk.
(2) The endorsement required under (1) has the same force and effect as a manually affixed endorsement stamp with the signature and initials of the court clerk.
(3) A complaint or another initial pleading in an action or proceeding that is filed and endorsed electronically may be printed and served on the defendant or respondent in the same manner as if it had been filed in paper form.
(Subd (d) relettered effective January 1, 2018; adopted as subd (e); previously amended effective January 1, 2007.)
(e) Issuance of electronic summons
(1) On the electronic filing of a complaint, a petition, or another document that must be served with a summons, the court may transmit a summons electronically to the electronic filer in accordance with this subdivision and Code of Civil Procedure section 1010.6.
(2) The electronically transmitted summons must contain an image of the court’s seal and the assigned case number.
(3) Personal service of the printed form of a summons transmitted electronically to the electronic filer has the same legal effect as personal service of a copy of an original summons.
(Subd (e) amended and relettered effective January 1, 2018; adopted as subd (f); previously amended effective January 1, 2007.)
Rule 2.259 amended effective January 1, 2018; adopted as rule 2059 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2011, and July 1, 2013.
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Courts that participated in pilot projects for electronic filing and forms generation under former rule 981.5 are authorized to continue to modify Judicial Council forms for the purpose of accepting electronic filing or providing electronic generation of court documents provided that the modification of the forms is consistent with the rules in this chapter.
Rule 2.261 amended and renumbered effective January 1, 2007; adopted as rule 2061 effective July 1, 2004.
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(a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1) For purposes of this section:
(A) Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party, by an agent of a party, including the party s attorney, or through an electronic filing service provider.
(B) Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C) Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2) If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is authorized when a party has agreed to accept service electronically in that action.
(3) In any action in which a party has agreed to accept electronic service under paragraph (2), or in which the court has ordered electronic service 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. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4) (A) Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i) A notice of intention to move for new trial.
(ii) A notice of intention to move to vacate judgment under Section 663a.
(iii) A notice of appeal.
(B) This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(b) A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1) A document that is filed electronically shall have the same legal effect as an original paper document.
(2) (A) When a document to be filed requires the signature, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if filed electronically.
(B) When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if a printed form of the document has been signed by that person before or on the same day as, the date of filing. The attorney or person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or person filing the document shall maintain the printed form of the document bearing the original signature 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 that is electronically filed with the court after the close of business on any day shall be deemed to have been filed on the next court day. Close of business, as used in this paragraph, means 5 p.m. or the time at which the court will not accept filing at the court s filing counter, whichever is earlier.
(4) The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5) Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6) The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. 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) (1) Notwithstanding subdivision (b), the Orange County Superior Court may, by local rule and until July 1, 2014, establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to the requirements set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision (b), rules adopted pursuant to subdivision (e), and the following conditions:
(A) The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(B) 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. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(C) The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties.
(D) A court that elects to require electronic filing pursuant to this subdivision may permit documents to be filed electronically until 12 a.m. of the day after the court date that the filing is due, and the filing shall be considered timely. However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court date that the filing is due. Ex parte documents shall be electronically filed on the same date and within the same time period as would be required for the filing of a hard copy of the ex parte documents at the clerk s window in the participating county. Documents filed on or after 12 a.m., or filed upon a noncourt day, will be deemed filed on the soonest court day following the filing.
(2) If a pilot project is established pursuant to paragraph (1), the Judicial Council shall conduct an evaluation of the pilot project and report to the Legislature, on or before December 31, 2013, on the results of the evaluation. The evaluation shall review, among other things, the cost of the program to participants, cost-effectiveness for the court, effect on unrepresented parties and parties with fee waivers, and ease of use for participants.
(e) The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f) The Judicial Council shall, on or before July 1, 2014, adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall be informed by any study performed pursuant to paragraph (2) of subdivision (d) and which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g) (1) Upon the adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, as specified in subdivision (f), a superior court may, by local rule, require mandatory electronic filing, pursuant to paragraph (2).
(2) A superior court that elects to adopt mandatory electronic filing shall do so pursuant to the requirements and conditions set forth in this section, including, but not limited to, paragraphs (1), (2), (4), (5), (6), and (7) of subdivision (b), and subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (d), and pursuant to the rules adopted by the Judicial Council, as specified in subdivision (f).
(Amended by Stats. 2016, Ch. 461, Sec. 1. Effective January 1, 2017.)
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