Civil procedure: electronic filing and service.

Existing law authorizes the service of certain documents in an action filed with a court by electronic means, pursuant to rules adopted by the Judicial Council, if a party has consented to electronic service or electronic service has been ordered by the court. Existing law, before July 1, 2024, authorizes a court to electronically serve any document issued by the court that is not required to be personally served on a party that has agreed or consented to accept electronic service, with the same legal effect as service by mail, except as specified. Existing law, after July 1, 2024, requires a court to transmit any document that the court is required to transmit, deliver, or serve to any party or person who has agreed or consented to accept electronic service, with the same legal effect described above. This bill would delete the provisions described above pertaining to electronic service of a document based on the agreement or consent of a party to accept electronic service. The bill would instead authorize a court to order electronic service on a person represented by counsel who has appeared in an action or proceeding. The bill would require a person represented by counsel, who has appeared in an action or proceeding, to accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission, as specified. The bill would authorize an unrepresented person in a civil action to consent to receive electronic service, as specified. The bill would, on and after July 1, 2024, additionally require a court to electronically transmit to a person subject to mandatory electronic service any document issued by the court that the court is required to transmit, deliver, or serve, as specified. Existing law requires a court to permit a party or attorney to file an application for waiver of court fees and costs as part of the process involving the electronic filing of a document, as specified. Existing law requires the court, an electronic filing service provider, or an electronic filing manager to waive any fees charged to a party if the party has been granted a waiver, as specified. This bill would additionally require the court, an electronic filing service provider, or an electronic filing manager to waive any fees charged to the party's attorney if the party has been granted a waiver, as specified, or if the party is indigent or being represented by the public defender or court-appointed counsel. The bill would make additional conforming changes.