Rule 8.70. Purpose, application, construction, and definitions
The purpose of the rules in this article is to facilitate the implementation and testing of e-filing projects in the Supreme Court and the Courts of Appeal.
(Subd (a) amended effective January 1, 2012.)
Notwithstanding any other rules to the contrary, the rules in this article govern filing and service by electronic means in the Supreme Court and any Court of Appeal that elects to implement an e-filing project.
(Subd (b) amended effective January 1, 2012.)
The rules in this article must be construed to authorize and permit filing and service by electronic means to the extent feasible.
As used in this article, unless the context otherwise requires:
(1)"The court" means the Supreme Court or any Court of Appeal that elects to implement an e-filing project.
(2) A document may be in paper or electronic form. A "document" is:
(A)Any filing submitted to the reviewing court, including a brief, a petition, an appendix, or a motion;
(B)Any document transmitted by a trial court to the reviewing court, including a notice or a clerk's or reporter's transcript; or
(C)Any writing prepared by the reviewing court, including an opinion, an order, or a notice.
(3)"Electronic service" is service of a document on a party or other person by either electronic transmission or electronic notification. Electronic service may be performed directly by a party, by an agent of a party including the party's attorney, through an electronic filing service provider, or by a court.
(4)"Electronic transmission" means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(5)"Electronic notification" means the notification of a party or other person that a document is served by sending an electronic message to the electronic service address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served and providing a hyperlink at which the served document can be viewed and downloaded.
(6) "Electronic service address" of a party means the electronic address at or through which the party has authorized electronic service.
(7)An "electronic filer" is a party filing a document in electronic form directly with the court, by an agent, or through an electronic filing service provider.
(8)"Electronic filing" is the electronic transmission to a court of a document in electronic form.
(9) An "electronic filing service provider" is a person or entity that receives an electronic filing from a party for retransmission to the court or for electronic service on other parties, or both. In submission of filings, the electronic filing service provider does so on behalf of the electronic filer and not as an agent of the court.
(Subd (d) amended effective January 1, 2012; adopted effective January 1, 2011.)
Rule 8.70 amended effective January 1, 2012; adopted effective July 1, 2010; previously amended effective January 1, 2011.
Advisory Committee Comment
The definition of "electronic service" has been amended to provide that a party may effectuate service not only by the electronic transmission of a document, but also by providing electronic notification of where a document served electronically may be located and downloaded. This amendment is intended to modify the rules on electronic service to expressly authorize electronic notification as a legally effective alternative means of service to electronic transmission. This rules amendment is consistent with the amendment of Code of Civil Procedure section 1010.6, effective January 1, 2011, to authorize service by electronic notification. (See Stats. 2010, ch. 156 (Sen. Bill 1274).) The amendments change the law on electronic service as understood by the appellate court in Insyst, Ltd. v. Applied Materials, Inc. (2009) 170 Cal.App.4th 1129, which interpreted the rules as authorizing electronic transmission as the only effective means of electronic service.