Coalition Legislative Update - California
The proposed changes will be into AB 976 and go as follows:
(2) (A) If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented on the appropriate Judicial Council form to receive electronic delivery in that specific action or when a the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(B) If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3) In any action in which a party or other person has provided express consent to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person 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) If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of a that document is deemed 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.
Judicial Council published proposed changes to the rules of court for comment as part of its Technology
Modernization Project. The Judicial Council Advisory Committee is recommending amendments several rules related to electronic service and electronic filing found in title 2, division 3, chapter 2 of the California Rules of Court. The proposed amendments are intended to improve the organization of the rules, improve the rules’ consistency with the Code of Civil Procedure, and reduce redundancies between the rules and the Code of Civil Procedure.
Update as of 4/21/2017.