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放狗查了查加州法庭 Electronic Service 规定。老岳用Email发船票必须经对方同意。这么一来船票还发不出去了。
CODE OF CIVIL PROCEDURE
SECTION 1010-1020
. . .
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) 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:
(A) A notice of intention to move for new trial.
(B) A notice of intention to move to vacate judgment under Section 663a.
(C) A notice of appeal.
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 prior to, 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, shall mean 5 p.m. or the time
at which the court would 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 Sections 68630 to 68641,
inclusive, of the
Government Code and shall not require the party or attorney to submit
any documentation other than that set forth in Sections 68630 to 68641,
inclusive, of the Government Code. Nothing in this section shall require
the court to waive a filing fee that is not otherwise waivable.
(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, or 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)
and 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 either 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. Any fees charged by
the court shall be for no more than the actual cost of the electronic
filing and service of the documents, and shall be waived when deemed
appropriate by the court, including, but not limited to, for any party
who has received a fee waiver. Any fees charged by an electronic filing
service provider shall be reasonable and shall be waived when deemed
appropriate by the court, including, but not limited to, for any party
who 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) of this subdivision.
(2) Any 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), and (6) of subdivision
(b) of this section, 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).
. . .
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1010-1020
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