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2019 California Rules of Court

Rule 2.255. Contracts with electronic filing service providers

(a) Right to contract

(1)A court may contract with one or more electronic filing service providers to furnish and maintain an electronic filing system for the court.

(2)If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider.

(3)A court may contract with one or more electronic filing managers to act as an intermediary between the court and electronic filing service providers.

(4)If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them.

(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2011.)

(b) Provisions of contract

(1)The court's contract with an electronic filing service provider may:

(A)Allow the provider to charge electronic filers a reasonable fee in addition to the court's filing fee;

(B)Allow the provider to make other reasonable requirements for use of the electronic filing system.

(2)The court's contract with an electronic filing service provider must comply with the requirements of Code of Civil Procedure section 1010.6.

(3)The court's contract with an electronic filing manager must comply with the requirements of Code of Civil Procedure section 1010.6.

(Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2018.)

(c) Transmission of filing to court

(1)An electronic filing service provider must promptly transmit any electronic filing and any applicable filing fee to the court directly or through the court's electronic filing manager.

(2)An electronic filing manager must promptly transmit an electronic filing and any applicable filing fee to the court.

(Subd (c) amended effective January 1, 2019; previously amended effective January 1, 2011.)

(d) Confirmation of receipt and filing of document

(1)An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court.

(2)The electronic filing service provider must send its confirmation to the filer's electronic service address and must indicate the date and time of receipt, in accordance with rule 2.259(a).

(3)After reviewing the documents, the court must promptly transmit to the electronic filing service provider and the electronic filer the court's confirmation of filing or notice of rejection of filing, in accordance with rule 2.259.

(Subd (d) amended effective January 1, 2011; previously amended effective January 1, 2007.)

(e) Ownership of information

All contracts between the court and electronic filing service providers or the court and electronic filing managers must acknowledge that the court is the owner of the contents of the filing system and has the exclusive right to control the system's use.

(Subd (e) amended effective January 1, 2019; previously amended effective January 1, 2007.)

(f) Establishing a filer account with an electronic filing service provider

(1)An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider.

(2)This provision applies only to the creation of an account and not to the use of an electronic filing service provider's services. An electronic filing service provider may require a filer to provide a credit card, debit card, or bank account information before rendering services unless the services are within the scope of a fee waiver granted by the court to the filer.

(Subd (f) adopted effective January 1, 2019.)

Rule 2.255 amended effective January 1, 2019; adopted as rule 2055 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, and January 1, 2018.

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