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2019 California Rules of Court

Rule 2.517. Remote access by a party

(a) Remote access generally permitted

A person may have remote access to electronic records in actions or proceedings in which that person is a party.

(b) Level of remote access

(1)  In any action or proceeding, a party may be provided remote access to the same electronic records that he or she would be legally entitled to inspect at the courthouse.

(2)  This rule does not limit remote access to electronic records available under article 2.

(3)  This rule applies only to electronic records. A person is not entitled under these rules to remote access to documents, information, data, or other materials created or maintained by the courts that are not electronic records.

Rule 2.517 adopted effective January 1, 2019.

Advisory Committee Comment

Because this rule permits remote access only by a party who is a person (defined under rule 2.501 as a natural human being), remote access would not apply to parties that are organizations, which would need to gain remote access under the party's attorney rule or, for certain government entities with respect to specified electronic records, the rules in article 4.

A party who is a person would need to have the legal capacity to agree to the terms and conditions of a court's remote access user agreement before using a system of remote access. The court could deny access or require additional information if the court knew the person seeking access lacked legal capacity or appeared to lack capacity-for example, if identity verification revealed the person seeking access was a minor.

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