California Rules of Court — Rule 12 — Electronic service (effective April 17, 2020 Emergency rule 12)

Cal. R. Ct. 12

California Rules of Court

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 16, 2020, effective April 17, 2020 Emergency rule 12. Electronic service................................ ................................ ... 2 1 2 Appendix I Emergency Rules Related to COVID -19 2 3 Emergency rule 12. Electronic service 5 6 (

a) Application 7 8

(1) Notwithstanding any other law, including Code of Civil Procedure

section 9 1010.6, Probate Code

section 1215, and rule 2.251, this rule applies in all general civil cases and proceedings under the Family and Probate Codes, 11 unless a court orders otherwise. 12 13

(2) Notwithstanding (1), the rule does not apply in cases where parties are already required by court order or local rule to provide or accept notices and documents by electronic service, and is not intended to prohibit electronic service in cases not addressed by this rule. 17 18 (

b) Required electronic service 19 20

(1) A party represented by counsel, who has appeared in an action or proceeding, 21 must accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. Before first serving a represented party electronically, the serving party must confirm by telephone or email the appropriate electronic service address for counsel being served. 26 27

(2) A party represented by counsel must, upon the request of any party who has appeared in an action or proceeding and who provides an electronic service address and a copy of this rule, electronically serve the requesting party with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. 32 33 (

c) Permissive electronic service 34 Electronic service on a self-represented party is permitted only with consent of that party, confirmed in writing. The written consent to accept electronic service may be exchanged electronically. 38 39 (

d) Time 40 41 3

(1) In general civil cases and proceedings under the Family Code, the provisions of Code of Civil Procedure

section 1010.6(a)(4) and (5) apply to electronic service under this rule. 3 4

(2) In proceedings under the Probate Code, the provisions of Probate Code

section 1215(c)(2) apply to electronic service under this rule. 6 7 (

e) Confidential documents 8 Confidential or sealed records electronically served must be served through encrypted methods to ensure that the documents are not improperly disclosed. 11 12 (

f) Sunset of rule 13 This rule will remain in effect until days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council. 17 Emergency Rule adopted effective April 17, 2020. 19

Document details

CollectionCalifornia Rules of Court
CitationCal. R. Ct. 12
Typecourt_rule
Languageen
Formatpdf
SourceCA_ROC
Identifier6c6b30ca867f7ed66a3d0445ff9423af07b8b21d

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California Rules of Court — Rule 12 — Electronic service (effective April 17, 2020 Emergency rule 12)

Cal. R. Ct. 12

California Rules of Court

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