Electronic filing and service of documents.

Existing law authorizes a trial court to adopt local rules permitting electronic filing of documents, subject to specified conditions, including the conditions that if a document that is electronically filed in a civil action requires the signature of a person, not under penalty of perjury, the document is deemed to have been signed by the person who filed the document electronically and that any payment processing fee charged by the court, an electronic filing manager, or electronic filing service provider shall not exceed the costs incurred in processing the payment. Existing law authorizes a court to require electronic filing and service in civil actions, subject to rules adopted by the Judicial Council permitting mandatory electronic filing and service in specified civil actions, the conditions described above, and additional specified conditions, including the conditions that the court charge fees of no more than the actual cost of the electronic filing and service of the documents and that the court shall waive any fees charged if the court deems a waiver appropriate. This bill would instead provide that a document described above shall be deemed filed by the person who signed the document if either the filer is the signer of the document or the document has been signed pursuant to procedures established in the California Rules of Court. The bill would create additional conditions trial courts would be required to satisfy when adopting local rules permitting electronic filing of documents, as defined. The bill would require courts, electronic filing service providers, and electronic filing managers to send notices of receipt or rejection to parties or persons filing electronic documents, as specified. The bill would extend the statute of limitations for a cause of action asserted in a complaint or cross-complaint if a complaint or cross-complaint is rejected for filing, as specified. The bill would extend the condition that the court charge fees of no more than the actual cost of the electronic filing and service of the documents to actions in which electronic filing is permitted by local rule. The bill would require a court, electronic service provider, or electronic filing manager to waive fees for electronic filing if a party has been granted a fee waiver and to waive fees associated with electronic filing of specified types of documents, including a filing exempt from the payment of filing fees under any other law. The bill would prohibit an electronic filing service provider or an electronic filing manager from seeking payment of waived fees from the court. The bill would make technical and conforming changes. This bill would incorporate additional changes to Section 1010.6 of the Code of Civil Procedure proposed by SB 1146 to be operative only if this bill and SB 1146 are enacted and this bill is enacted last.