SB 63

This bill allows service of certain pleadings and other papers to be served by

e-mail. Under current law, when service of pleadings and other papers is required

or permitted to be made upon a party represented by an attorney, a party must serve

the attorney unless a court orders service upon the party in person. Current law also

provides for service in certain cases and counties via an electronic filing system. In

cases where users have registered to use the electronic filing system, the notice of

activity generated by the system constitutes valid and effective service on other users

for documents that do not require personal service. For documents other than

initiating documents that do require personal service, the documents must be served

by traditional methods unless the responding party has consented in writing to

accept electronic service or service by some other method.

With respect to traditional means of service, current law permits service to be

made by delivering a copy or by mailing it to the last-known address, or, if no address

is known, by leaving it with the clerk of the court. Delivery of a copy means 1)

handing it to the attorney or to the party; 2) transmitting a copy of the paper by

facsimile machine to his or her office; or 3) leaving it at his or her office with a clerk

or other person in charge thereof; or, if there is no one in charge, leaving it in a

conspicuous place therein; or, if the office is closed or the person to be served has no

office, leaving it at his or her dwelling house or usual place of abode with someone

residing at that location that is “of suitable age and discretion.” Under the bill, if an

attorney, or a party if appropriate, has consented in writing to accept service by

e-mail, service may be made via e-mail to that person's primary or other designated

e-mail address. The bill requires documents submitted to the court to contain an

e-mail address as part of the required signature information. The bill further

requires an attorney or party signing a paper for submission, by use of the electronic

filing system or otherwise, to keep the e-mail information provided to the court up

to date. Under the bill, e-mail service is complete upon transmission, except if the

sender receives notification or indication that the message was not delivered.