Rule 2.250 - Construction and definitions(a)Construction of rules The rules in this chapter must be construed to authorize and permit filing and service by 14 electronic means to the extent feasible.
(Subd (a) adopted effective January 1, 2011.)
(b)DefinitionsAs used in this chapter, unless the context otherwise requires:
(1) A "document" is a pleading, a declaration, an exhibit, or another writing submitted by a party or other person, or by an agent of a party or other person on the party's or other person's behalf. A document is also a notice, order, judgment, or other issuance by the court. A document may be in paper or electronic form.(2) "Electronic service" has the same meaning as defined in Code of Civil Procedure section 1010.6.(3) "Electronic transmission" has the same meaning as defined in Code of Civil 40 Procedure section 1010.6.(4) "Electronic notification" has the same meaning as defined in Code of Civil Procedure section 1010.6.(5) "Electronic service address" means the electronic address at or through which the party or other person has authorized electronic service.(6) An "electronic filer" is a party or other person filing a document in electronic form directly with the court, by an agent, or through an electronic filing service provider.(7) "Electronic filing" is the electronic transmission to a court of a document in electronic form. For the purposes of this chapter, this definition concerns the activity of filing and does not include the processing and review of the document, and its entry into the court records, which are necessary for a document to be officially filed.(8) An "electronic filing service provider" is a person or entity that receives an electronic filing from a party or other person for retransmission to the court or for electronic service on other parties or other persons, or both. In submission of filings, the electronic filing service provider does so on behalf of the electronic filer and not as an agent of the court.(9) An ''electronic filing manager" is a service that acts as an intermediary between a court and various electronic filing service provider solutions certified for filing into California courts.(10) ''Self-represented" means a party or other person who is unrepresented in an action by an attorney and does not include an attorney appearing in an action who represents himself or herself. (Subd (b) amended effective January 1, 2019; adopted as unlettered subd effective January 1, 2003; previously amended and lettered effective January 1, 2011; previously amended effective July 1, 2013, and January 1, 2018.)
Rule 2.250 amended effective January 1, 2019; adopted as rule 2050 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2008, January 1, 2011, July 1, 2013, and January 1, 2018.
Rule 2.250 amended effective 1/1/2019; Rule 2.250 amended effective 1/1/2018; adopted as rule 2050 effective 1/1/2003; previously amended and renumbered effective 1/1/2007; previously amended effective 1/1/2006,1/1/2008, 1/1/2011, and 7/1/2013.Advisory Committee Comment
The definition of "electronic service" has been amended to provide that a party may effectuate service not only by the electronic transmission of a document, but also by providing electronic notification of where a document served electronically may be located and downloaded. This amendment is intended to modify the rules on electronic service to expressly authorize electronic notification as a legally effective alternative means of service to electronic transmission. This rules amendment is consistent with the amendment of Code of Civil Procedure section 1010.6, effective January 1, 2011, to authorize service by electronic notification. (See Stats. 2010, ch. 156 (Sen. Bill 1274).) The amendments change the law on electronic service as understood by the appellate court in Insyst, Ltd. v. Applied Materials, Inc. (2009) 170 Cal.App.4th 1129, which interpreted the rules as authorizing electronic transmission as the only effective means of electronic service.