(1) Existing law authorizes a trial court to adopt local rules permitting electronic filing of documents, subject to specified conditions. Existing law authorizes a court to require electronic filing and service in civil actions, subject to rules adopted by the Judicial Council permitting mandatory electronic filing and service in specified civil actions.
Existing law authorizes, for cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document if a party or other person has expressly consented to receive electronic service in that specific action, or the court has ordered electronic service on a represented party or other represented person.
This bill would require a party represented by counsel, who has appeared in an action or proceeding, to accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. The bill would require a party represented by counsel, upon the request of any party who has appeared in an action or proceeding and who provides an electronic service address and a copy of this rule, to electronically serve the requesting party with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission.
(2) Existing law prescribes the procedure for taking oral depositions inside the state. Existing law authorizes a court to expressly provide that a nonparty deponent may appear at a deposition by telephone if the court finds there is good cause and no prejudice to any party.
This bill would delete this provision and instead generally authorize any person to take or attend a deposition by telephone or other remote electronic means. The bill would specifically provide that a deponent is not required to be physically present with the deposition officer when being sworn in at the time of the deposition, and that any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent.