Bill Text: CA AB2244 | 2015-2016 | Regular Session | Chaptered
Bill Title: Court fees: electronic filing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 461, Statutes of 2016. [AB2244 Detail]
Download: California-2015-AB2244-Chaptered.html
BILL NUMBER: AB 2244 CHAPTERED
BILL TEXT
CHAPTER 461
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2016
APPROVED BY GOVERNOR SEPTEMBER 22, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 18, 2016
An act to amend Sections 1010.6 and 1033.5 of the Code of Civil
Procedure, and to amend Section 6159 of the Government Code, relating
to court fees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2244, Gatto. Court fees: electronic filing.
Existing law authorizes the electronic service of documents in
accordance with uniform rules adopted by the Judicial Council, as
specified. Upon Judicial Council adoption of the uniform rules,
existing law authorizes a superior court, by local rule, to require
mandatory electronic filing and service of documents for specified
civil actions in accordance with certain requirements including a
requirement that any fees charged by the court do not exceed the
actual cost of electronic filing and service of documents.
This bill would add the additional requirement that a fee to
process a payment that is charged by the court, an electronic filing
manager, or an electronic filing service provider, does not exceed
the actual costs incurred for processing the payment. The bill would
require waiver of fees to process a payment if the court deems waiver
appropriate.
Existing law authorizes a court, subject to Judicial Council
approval, to accept a credit card, debit card, or electronic funds
transfer in payment of designated obligations, including filing fees
and other court costs. Existing law authorizes a court, subject to
Judicial Council approval, to impose a fee for the use of a credit or
debit card or electronic funds transfer, not to exceed the costs
incurred by the court in providing for payment by credit or debit
card or electronic funds transfer.
This bill would additionally authorize an agent of the court to
impose a fee, subject to Judicial Council approval, for the use of a
credit or debit card or electronic funds transfer, not to exceed the
costs incurred by the court in providing for payment by credit or
debit card or electronic funds transfer. For purposes of this
provision, the bill would deem an electronic filing service provider
who is required to collect and remit a filing fee or other court fee
to complete an electronic filing transaction to be an agent of the
court solely for that purpose, except as otherwise specified. The
bill would require an agent of the court to report its costs in
providing for payment by credit or debit card, or electronic funds
transfer, as specified, and would require the agent to provide the
Judicial Council, or its authorized representative, with access to
examine the records and documents of the agency for purposes of
verifying report accuracy and compliance with certain requirements.
The bill would prohibit an electronic filing service provider from
collecting or attempting to collect a fee to complete an electronic
filing transaction from a party who is exempt from paying fees but
would still require the electronic filing service provider to
complete the filing. The bill would require a court, or certain
electronic file managers, to accept more than one method of payment
from an electronic filing service provider, as specified.
Existing law also enumerates costs that a prevailing party may
recover in a civil action.
This bill would authorize a prevailing party to recover fees for
the electronic filing or service of documents, or fees for the
hosting of electronic documents, charged by an electronic filing
service provider, if the court orders or requires electronic filing,
service, or hosting of documents.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1010.6 of the Code of Civil Procedure is
amended to read:
1010.6. (a) A document may be served electronically in an action
filed with the court as provided in this section, in accordance with
rules adopted pursuant to subdivision (e).
(1) For purposes of this section:
(A) "Electronic service" means 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, or
through an electronic filing service provider.
(B) "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.
(C) "Electronic notification" means the notification of the party
or other person that a document is served by sending an electronic
message to the electronic 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 may be viewed and downloaded.
(2) If a document may be served by mail, express mail, overnight
delivery, or facsimile transmission, electronic service of the
document is authorized when a party has agreed to accept service
electronically in that action.
(3) In any action in which a party has agreed to accept electronic
service under paragraph (2), or in which the court has ordered
electronic service under subdivision (c) or (d), the court may
electronically serve any document issued by the court that is not
required to be personally served in the same manner that parties
electronically serve documents. The electronic service of documents
by the court shall have the same legal effect as service by mail,
except as provided in paragraph (4).
(4) (A) Electronic service of a document is complete at the time
of the electronic transmission of the document or at the time that
the electronic notification of service of the document is sent.
However, any period of notice, or any right or duty to do any act or
make any response within any period or on a date certain after the
service of the document, which time period or date is prescribed by
statute or rule of court, shall be extended after service by
electronic means by two court days, but the extension shall not apply
to extend the time for filing any of the following:
(i) A notice of intention to move for new trial.
(ii) A notice of intention to move to vacate judgment under
Section 663a.
(iii) A notice of appeal.
(B) This extension applies in the absence of a specific exception
provided by any other statute or rule of court.
(b) A trial court may adopt local rules permitting electronic
filing of documents, subject to rules adopted pursuant to subdivision
(e) and the following conditions:
(1) A document that is filed electronically shall have the same
legal effect as an original paper document.
(2) (A) When a document to be filed requires the signature, not
under penalty of perjury, of an attorney or a self-represented party,
the document shall be deemed to have been signed by that attorney or
self-represented party if filed electronically.
(B) When a document to be filed requires the signature, under
penalty of perjury, of any person, the document shall be deemed to
have been signed by that person if filed electronically and if a
printed form of the document has been signed by that person before or
on the same day as, the date of filing. The attorney or person
filing the document represents, by the act of filing, that the
declarant has complied with this section. The attorney or person
filing the document shall maintain the printed form of the document
bearing the original signature and make it available for review and
copying upon the request of the court or any party to the action or
proceeding in which it is filed.
(3) Any document that is electronically filed with the court after
the close of business on any day shall be deemed to have been filed
on the next court day. "Close of business," as used in this
paragraph, means 5 p.m. or the time at which the court will not
accept filing at the court's filing counter, whichever is earlier.
(4) The court receiving a document filed electronically shall
issue a confirmation that the document has been received and filed.
The confirmation shall serve as proof that the document has been
filed.
(5) Upon electronic filing of a complaint, petition, or other
document that must be served with a summons, a trial court, upon
request of the party filing the action, shall issue a summons with
the court seal and the case number. The court shall keep the summons
in its records and may electronically transmit a copy of the summons
to the requesting party. Personal service of a printed form of the
electronic summons shall have the same legal effect as personal
service of an original summons. If a trial court plans to
electronically transmit a summons to the party filing a complaint,
the court shall immediately, upon receipt of the complaint, notify
the attorney or party that a summons will be electronically
transmitted to the electronic address given by the person filing the
complaint.
(6) The court shall permit a party or attorney to file an
application for waiver of court fees and costs, in lieu of requiring
the payment of the filing fee, as part of the process involving the
electronic filing of a document. The court shall consider and
determine the application in accordance with Article 6 (commencing
with Section 68630) of Chapter 2 of Title 8 of the Government Code
and shall not require the party or attorney to submit any
documentation other than that set forth in Article 6 (commencing with
Section 68630) of Chapter 2 of Title 8 of the Government Code.
Nothing in this section shall require the court to waive a filing fee
that is not otherwise waivable.
(7) A fee, if any, charged by the court, an electronic filing
manager, or an electronic filing service provider to process a
payment for filing fees and other court fees shall not exceed the
costs incurred in processing the payment.
(c) If a trial court adopts rules conforming to subdivision (b),
it may provide by order that all parties to an action file and serve
documents electronically in a class action, a consolidated action, a
group of actions, a coordinated action, or an action that is deemed
complex under Judicial Council rules, provided that the trial court's
order does not cause undue hardship or significant prejudice to any
party in the action.
(d) (1) Notwithstanding subdivision (b), the Orange County
Superior Court may, by local rule and until July 1, 2014, establish a
pilot project to require parties to specified civil actions to
electronically file and serve documents, subject to the requirements
set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision
(b), rules adopted pursuant to subdivision (e), and the following
conditions:
(A) The court shall have the ability to maintain the official
court record in electronic format for all cases where electronic
filing is required.
(B) The court and the parties shall have access to more than one
electronic filing service provider capable of electronically filing
documents with the court or to electronic filing access directly
through the court. The court may charge fees of no more than the
actual cost of the electronic filing and service of the documents.
Any fees charged by an electronic filing service provider shall be
reasonable. The court, an electronic filing manager, or an electronic
filing service provider shall waive any fees charged if the court
deems a waiver appropriate, including in instances where a party has
received a fee waiver.
(C) The court shall have a procedure for the filing of
nonelectronic documents in order to prevent the program from causing
undue hardship or significant prejudice to any party in an action,
including, but not limited to, unrepresented parties.
(D) A court that elects to require electronic filing pursuant to
this subdivision may permit documents to be filed electronically
until 12 a.m. of the day after the court date that the filing is due,
and the filing shall be considered timely. However, if same day
service of a document is required, the document shall be
electronically filed by 5 p.m. on the court date that the filing is
due. Ex parte documents shall be electronically filed on the same
date and within the same time period as would be required for the
filing of a hard copy of the ex parte documents at the clerk's window
in the participating county. Documents filed on or after 12 a.m., or
filed upon a noncourt day, will be deemed filed on the soonest court
day following the filing.
(2) If a pilot project is established pursuant to paragraph (1),
the Judicial Council shall conduct an evaluation of the pilot project
and report to the Legislature, on or before December 31, 2013, on
the results of the evaluation. The evaluation shall review, among
other things, the cost of the program to participants,
cost-effectiveness for the court, effect on unrepresented parties and
parties with fee waivers, and ease of use for participants.
(e) The Judicial Council shall adopt uniform rules for the
electronic filing and service of documents in the trial courts of the
state, which shall include statewide policies on vendor contracts,
privacy, and access to public records, and rules relating to the
integrity of electronic service. These rules shall conform to the
conditions set forth in this section, as amended from time to time.
(f) The Judicial Council shall, on or before July 1, 2014, adopt
uniform rules to permit the mandatory electronic filing and service
of documents for specified civil actions in the trial courts of the
state, which shall be informed by any study performed pursuant to
paragraph (2) of subdivision (d) and which shall include statewide
policies on vendor contracts, privacy, access to public records,
unrepresented parties, parties with fee waivers, hardships,
reasonable exceptions to electronic filing, and rules relating to the
integrity of electronic service. These rules shall conform to the
conditions set forth in this section, as amended from time to time.
(g) (1) Upon the adoption of uniform rules by the Judicial Council
for mandatory electronic filing and service of documents for
specified civil actions in the trial courts of the state, as
specified in subdivision (f), a superior court may, by local rule,
require mandatory electronic filing, pursuant to paragraph (2).
(2) A superior court that elects to adopt mandatory electronic
filing shall do so pursuant to the requirements and conditions set
forth in this section, including, but not limited to, paragraphs (1),
(2), (4), (5), (6), and (7) of subdivision (b), and subparagraphs
(A), (B), and (C) of paragraph (1) of subdivision (d), and pursuant
to the rules adopted by the Judicial Council, as specified in
subdivision (f).
SEC. 2. Section 1033.5 of the Code of Civil Procedure is amended
to read:
1033.5. (a) The following items are allowable as costs under
Section 1032:
(1) Filing, motion, and jury fees.
(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.
(3) (A) Taking, video recording, and transcribing necessary
depositions, including an original and one copy of those taken by the
claimant and one copy of depositions taken by the party against whom
costs are allowed.
(B) Fees of a certified or registered interpreter for the
deposition of a party or witness who does not proficiently speak or
understand the English language.
(C) Travel expenses to attend depositions.
(4) Service of process by a public officer, registered process
server, or other means, as follows:
(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.
(B) If service is by a process server registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited
to, a stakeout or other means employed in locating the person to be
served, unless those charges are successfully challenged by a party
to the action.
(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.
(D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).
(5) Expenses of attachment including keeper's fees.
(6) Premiums on necessary surety bonds.
(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.
(8) Fees of expert witnesses ordered by the court.
(9) Transcripts of court proceedings ordered by the court.
(10) Attorney's fees, when authorized by any of the following:
(A) Contract.
(B) Statute.
(C) Law.
(11) Court reporter fees as established by statute.
(12) Court interpreter fees for a qualified court interpreter
authorized by the court for an indigent person represented by a
qualified legal services project, as defined in Section 6213 of the
Business and Professions Code, or a pro bono attorney, as defined in
Section 8030.4 of the Business and Professions Code.
(13) Models and enlargements of exhibits and photocopies of
exhibits may be allowed if they were reasonably helpful to aid the
trier of fact.
(14) Fees for the electronic filing or service of documents
through an electronic filing service provider if a court requires or
orders electronic filing or service of documents.
(15) Fees for the hosting of electronic documents if a court
requires or orders a party to have documents hosted by an electronic
filing service provider. This paragraph shall become inoperative on
January 1, 2022.
(16) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.
(b) The following items are not allowable as costs, except when
expressly authorized by law:
(1) Fees of experts not ordered by the court.
(2) Investigation expenses in preparing the case for trial.
(3) Postage, telephone, and photocopying charges, except for
exhibits.
(4) Costs in investigation of jurors or in preparation for voir
dire.
(5) Transcripts of court proceedings not ordered by the court.
(c) An award of costs shall be subject to the following:
(1) Costs are allowable if incurred, whether or not paid.
(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.
(3) Allowable costs shall be reasonable in amount.
(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court's discretion.
(5) (A) If a statute of this state refers to the award of "costs
and attorney's fees," attorney's fees are an item and component of
the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). A claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof. Attorney's fees
allowable as costs pursuant to subparagraph (B) of paragraph (10) of
subdivision (a) may be fixed as follows: (i) upon a noticed motion,
(ii) at the time a statement of decision is rendered, (iii) upon
application supported by affidavit made concurrently with a claim for
other costs, or (iv) upon entry of default judgment. Attorney's fees
allowable as costs pursuant to subparagraph (A) or (C) of paragraph
(10) of subdivision (a) shall be fixed either upon a noticed motion
or upon entry of a default judgment, unless otherwise provided by
stipulation of the parties.
(B) Attorney's fees awarded pursuant to Section 1717 of the Civil
Code are allowable costs under Section 1032 of this code as
authorized by subparagraph (A) of paragraph (10) of subdivision (a).
SEC. 3. Section 6159 of the Government Code is amended to read:
6159. (a) The following definitions apply for purposes of this
section:
(1) "Credit card" means a card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
(2) "Card issuer" means a person, or his or her agent, who issues
a credit card and purchases credit card drafts.
(3) "Cardholder" means a person to whom a credit card is issued or
any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
(4) "Debit card" means a card or other means of access to a debit
card cardholder's account that may be used to initiate electronic
funds transfers from that account.
(5) "Draft purchaser" means a person who purchases credit card
drafts.
(6) "Electronic funds transfer" means a method by which a person
permits electronic access to, and transfer of, money held in an
account by that person.
(b) Subject to subdivisions (c) and (d), a court, city, county,
city and county, or other public agency may authorize the acceptance
of a credit card, debit card, or electronic funds transfer for any of
the following:
(1) The payment for the deposit of bail for any offense not
declared to be a felony or for a court-ordered fee, fine, forfeiture,
penalty, assessment, or restitution. Use of a card or electronic
funds transfer pursuant to this paragraph may include a requirement
that the defendant be charged an administrative fee charged by the
company issuing the card or processing the account for the cost of
the transaction.
(2) The payment of a filing fee or other court fee.
(3) The payment of towage or storage costs for a vehicle that has
been removed from a highway, or from public or private property, as a
result of parking violations.
(4) The payment of child, family, or spousal support, including
reimbursement of public assistance, related fees, costs, or
penalties, with the authorization of the cardholder or accountholder.
(5) The payment for services rendered by a city, county, city and
county, or other public agency.
(6) The payment of a fee, charge, or tax due a city, county, city
and county, or other public agency.
(7) The payment of moneys payable to the sheriff pursuant to a
levy under a writ of attachment or writ of execution. If the use of a
card or electronic funds transfer pursuant to this paragraph
includes any administrative fee charged by the company issuing the
card or processing the account for the cost of the transaction, that
fee shall be paid by the person who pays the money to the sheriff
pursuant to the levy.
(8) The payment of a donation, gift, bequest, or devise made to or
in favor of a county, or to or in favor of a county board of
supervisors, pursuant to Section 25355.
(c) A court desiring to authorize the use of a credit card, debit
card, or electronic funds transfer pursuant to subdivision (b) shall
obtain the approval of the Judicial Council. A city desiring to
authorize the use of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) shall obtain the approval of its
city council. Any other public agency desiring to authorize the use
of a credit card, debit card, or electronic funds transfer pursuant
to subdivision (b) shall obtain the approval of the governing body
that has fiscal responsibility for that agency.
(d) After approval is obtained, a contract may be executed with
one or more credit card issuers, debit card issuers, electronic funds
transfer processors, or draft purchasers. The contract shall provide
for the following matters:
(1) The respective rights and duties of the court, city, county,
city and county, or other public agency and card issuer, funds
processor, or draft purchaser regarding the presentment,
acceptability, and payment of credit and debit card drafts and
electronic funds transfer requests.
(2) The establishment of a reasonable means by which to facilitate
payment settlements.
(3) The payment to the card issuer, funds processor, or draft
purchaser of a reasonable fee or discount.
(4) Any other matters appropriately included in contracts with
respect to the purchase of credit and debit card drafts and
processing of electronic funds transfer requests as may be agreed
upon by the parties to the contract.
(e) The honoring of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) constitutes payment of the
amount owing to the court, city, county, city and county, or other
public agency as of the date the credit or debit card is honored or
the electronic funds transfer is processed, if the credit or debit
card draft is paid following its due presentment to a card issuer or
draft purchaser or the electronic funds transfer is completed with
transfer to the agency requesting the transfer.
(f) If a credit or debit card draft is not paid following due
presentment to a card issuer or draft purchaser or is charged back to
the court, city, county, city and county, or other public agency for
any reason, any record of payment made by the court, city, or other
public agency honoring the credit or debit card shall be void. If an
electronic funds transfer request is not completed with transfer to
the agency requesting the transfer or is charged back to the agency
for any reason, any record of payment made by the agency processing
the electronic funds transfer shall be void. A receipt issued in
acknowledgment of payment shall also be void. The obligation of the
cardholder or accountholder shall continue as an outstanding
obligation as if no payment had been attempted.
(g) If a credit card, debit card draft, electronic funds transfer,
or other payment offered in payment is returned without payment, for
any reason, a reasonable charge for the charge back or return, not
to exceed the actual costs incurred by the public agency, may be
imposed to recover the public agency's processing and collection
costs. This charge may be added to, and become part of, any
underlying obligation other than an obligation that constitutes a
lien on real property, and a different method of payment for that
payment and future payments by this person may be prescribed.
(h) (1) Notwithstanding Title 1.3 (commencing with Section 1747)
of Part 4 of Division 3 of the Civil Code, a court or agent of the
court, city, county, city and county, or any other public agency may
impose a fee for the use of a credit or debit card or electronic
funds transfer, not to exceed the costs incurred by the agency or
agent in providing for payment by credit or debit card or electronic
funds transfer. These costs may include, but shall not be limited to,
the payment of fees or discounts as specified in paragraph (3) of
subdivision (d). A fee imposed by a court or agent of the court
pursuant to this subdivision shall be approved by the Judicial
Council. A fee imposed by any other public agency pursuant to this
subdivision for the use of a credit or debit card or electronic funds
transfer shall be approved by the governing body responsible for the
fiscal decisions of the public agency.
(2) For purposes of this subdivision, an electronic filing service
provider who is required to collect and remit a payment described in
paragraph (2) of subdivision (b) to complete an electronic filing
transaction is deemed an agent of the court. Unless otherwise
specified, the electronic filing service provider is deemed an agent
of the court for the sole purpose of collecting and remitting a
payment described in paragraph (2) of subdivision (b) for an
electronic filing transaction.
(3) A court shall not be held liable for the actions of an agent
of the court under this subdivision.
(4) An agent of the court shall report its costs in providing for
payment by credit or debit card, or electronic funds transfer. These
reports shall be issued pursuant to guidelines adopted by the
Judicial Council. For purposes of verifying the accuracy of these
reports and compliance with this subdivision, the Judicial Council,
or its authorized representative, shall have the right to access and
examine the records and documents of an agent of the court. The agent
of the court shall provide the Judicial Council with all relevant
information requested, and shall permit access to its premises at
reasonable times for purposes of interviewing employees, and
inspecting and copying any relevant records. The agent of the court
shall maintain all records and documents relating to its fees and
costs for a minimum of four years from the date the fee is imposed,
or until the verification process is completed, whichever occurs
later.
(i) Fees or discounts provided for under paragraph (3) of
subdivision (d) shall be deducted or accounted for before any
statutory or other distribution of funds received from the card
issuer, funds processor, or draft purchaser to the extent not
recovered from the cardholder or accountholder pursuant to
subdivision (h).
(j) The Judicial Council may enter into a master agreement with
one or more credit or debit card issuers, funds processors, or draft
purchasers for the acceptance and payment of credit or debit card
drafts and electronic funds transfer requests received by the courts.
A court may join in any of these master agreements or may enter into
a separate agreement with a credit or debit card issuer, funds
processor, or draft purchaser.
(k) An electronic filing service provider, as described in
subdivision (h), shall not collect or attempt to collect a fee to
complete an electronic filing transaction, including a fee to process
a payment, a filing fee or other court fee, or a fee charged by the
electronic filing service provider for electronically filing
documents, from a party who is exempt from paying fees; provided,
however, that the electronic filing service provider shall complete
the filing notwithstanding the fee exemption.
(l) A court, or an electronic filing manager that provides a
court, pursuant to a contract, with a system for accepting
electronically transmitted documents and associated filing and other
court fees, shall accept more than one method of payment from an
electronic filing service
provider described in paragraph (2) of subdivision (h). The court
shall determine the methods of payment that will be accepted by the
court and the electronic filing manager. The methods of payment may
include credit or debit cards, electronic funds transfers, electronic
networks for financial transactions such as Automated Clearing House
(ACH), and other payment methods that do not charge a transaction
cost.
