Cal. R. 5.522

As amended through September 20, 2024

Rule 5.522 - Remote filing

(a) Applicability and definitions

(1) This rule applies to juvenile court proceedings in courts that permit fax or electronic filing by local rule.

(2) As used in this rule, "fax," "fax transmission," "fax machine," and "fax filing" are defined in rule 2.301. A fax machine also includes any electronic device capable of receiving a fax transmission, as defined in rule 2.301.

(3) As used in this rule, "electronic filing" is defined in rule 2.250. Rule 2.250 also defines other terms used in this rule related to electronic filing, such as "document," "electronic filer," and "electronic filing service provider,."

(Subd (a) amended effective January 1, 2015; previously amended effective January 1, 2007.)

(b) Electronic filing

A court may allow for the electronic filing of documents in juvenile proceedings in accordance with section 212.5.

(Subd (b) amended effective January 1, 2019; adopted effective January 1, 2015.)

(c) Fax filing

(1)Juvenile court documents that may be filed by fax

The following documents may be filed in juvenile court by the use of a fax machine: petitions filed under sections 300, 342, 387, 388, 601, 602, 777, and 778; Tribal Information Form (form ICWA-100); and other documents, may be filed by the use of a fax machine if permitted by local rule as specified in (a).

(2)Persons and agencies that may file by fax

Only the following persons and agencies may file documents by the use of a fax machine, as stated in (c)(1):

(A) Any named party to the proceeding;

(B) Any attorney of record in the proceeding;

(C) The county child welfare department;

(D) The probation department;

(E) The office of the district attorney;

(F) The office of the county counsel;

(G) A Court Appointed Special Advocate (CASA) volunteer appointed in the case; and

(H) An Indian tribe.

(3)Procedures for fax filing

A person described in (c)(2) may file by fax directly to any juvenile court that has provided for fax filing by local rule. The local rule or other written instruction must provide the fax telephone number or numbers for filings and the business hours during which fax filings will be accepted.

(4)Mandatory cover sheet

A fax filing must be accompanied by Fax Filing Cover Sheet (form JV-520). The cover sheet must be the first page of the transferred document. The court is not required to retain or file a copy of the cover sheet.

(5)Signatures

Notwithstanding any provision of law to the contrary, a signature produced by fax transmission is an original signature.

(6)Confidentiafity requirements

To secure the confidentiality of the documents subject to filing by fax, the following procedures are required:

(A) The clerk's office designated to receive such documents must have either a separate fax machine dedicated solely to the receipt of the documents described in (c)(1) 28 or a fax machine that is set up with a protocol to preserve the 29 confidentiality of the documents described in (c)(1); and

(B) Any document received for fax filing must be filed or submitted to the court immediately on receipt and must not be placed or stored where anyone not entitled to access may examine it.

((Subd (c) amended effective January 1, 2021; previously subd (b)-(g); previously amended effective January 1, 2007; previously adopted and amended effective January 1, 2015.)

Cal. R. Ct. 5.522

Rule 5.522 amended effective 1/1/2021; Amended November 30, 2018, effective 1/1/2019 Rule 5.522 amended effective 1/1/2015; adopted as rule 1406.5 effective 1/1/1999; previously amended and renumbered effective 1/1/2007.