Cal. R. 2.259

As amended through September 20, 2024

Rule 2.259 - Actions by court on receipt of electronic filing

(a) Confirmation of receipt and filing of document

(1)Confirmation of receipt

When a court receives an electronically submitted document, the court must promptly send the electronic filer confirmation of the court's receipt of the document, indicating the date and time of receipt. A document is considered received at the date and time the confirmation of receipt is created.

(2)Confirmation of filing

If the document received by the court under (1) complies with filing requirements and all required filing fees have been paid, the court must promptly send the electronic filer confirmation that the document has been filed. The filing confirmation must indicate the date: and time of filing and is proof that the document was filed on the (date and at the time specified. The filing confirmation must also specify:

(A) Any transaction number associated with the filing;

(B) The titles of the documents as filed by the court; and

(C) The fees assessed for the filing.

(3)Transmission of confirmations

The court must send receipt and filing confirmation to the electronic filer at the electronic service address the filer furnished to the court under rule 2.256(a)(4). The court must maintain a record of all receipt and filing confirmations.

(4)Filer responsible for verification

In the absence of the court's confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.

(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007, and January 1, 2008.)

(b) Notice of rejection of document for filing

If the clerk does not file a document because it does not comply with applicable filing requirements or because the required filing fee has not been paid, the court must promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.

(c) Delayed delivery

If a technical problem with a court's electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.

(Subd (c) amended and relettered effective January 1, 2018; adopted as subd (d); previously amended effective January 1, 2007.)

(d) Endorsement

(1) The court's endorsement of a document electronically filed must contain the following: "Electronically filed by Superior Court of California, County of______________, on__________(date)," followed by the name of the court clerk.

(2) The endorsement required under (1) has the same force and effect as a manually affixed endorsement stamp with the signature and initials of the court clerk.

(3) A complaint or another initial pleading in an action or proceeding that is filed and endorsed electronically may be printed and served on the defendant or respondent in the same manner as if it had been filed in paper form.

(Subd (d) relettered effective January 1, 2018; adopted as subd (e); previously amended effective January 1, 2007.)

(e) Issuance of electronic summons

(1) The court may issue an electronic summons in the following circumstances:

(A) On the electronic filing of a complaint, a petition, or another document that must be served with a summons in a civil action, the court may transmit a summons electronically to the electronic filer in accordance with this subdivision and Code of Civil Procedure section 1010.6.

(B) On the electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor in accordance with this subdivision and Penal Code sections 690.5, 1390, and 1391.

(C) When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve the summons in accordance with this subdivision and Penal Code sections 690.5, 813, and 816a.

(2) The electronically transmitted summons must contain an image of the court's seal and the assigned case number.

(3) Personal service of the printed form of a summons transmitted electronically to the electronic filer has the same legal effect as personal service of a copy of an original summons.

(Subd (e) amended and relettered effective January 1, 2018; adopted as subd (f); previously amended effective January 1, 2007.)

Cal. R. Ct. 2.259

Rule 2.259amended effective 1/1/2022; amended effective 1/1/2018; adopted as rule 2059 effective 1/1/2003; previously amended and renumbered effective 1/1/2007; previously amended effective 1/1/2008, 1/1/2011, and 7/1/2013.