Electronic filing and service.

(1) Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements. This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements. (2) Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider. This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified. (3) Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements. This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts. This bill would incorporate additional changes to Sections 366.21, 366.26, and 903.45 of the Welfare and Institutions Code proposed by SB 233, SB 438, and SB 190, respectively, to be operative only if this bill and SB 233, SB 438, or SB 190 are enacted and this bill is enacted last.