Rule 8.70 - Application, construction, and definitions(a) ApplicationNotwithstanding any other rules to the contrary, the rules in this article govern filing and service by electronic means in the Supreme Court and the Courts of Appeal.
(Subd (a) amended and relettered effective January 1, 2017; adopted as subd (b); previously amended effective January 1, 2012.)
(b) ConstructionThe rules in this article must be construed to authorize and permit filing and service by electronic means to the extent feasible.
(Subd (b) relettered effective January 1, 2017; adopted as subd (c).)
(c)DefinitionsAs used in this article, unless the context otherwise requires:
(1) "The court" means the Supreme Court or a Court of Appeal. any writing submitted to the reviewing court by a party or other person, including a brief, a petition, an appendix, or a motion.
A document is also any writing transmitted by a trial court to the reviewing court, including a notice or a clerk's or reporter's transcript, and
any writing prepared by the reviewing court, including an opinion, an order, or a notice.
A document may be in paper or electronic form.
(3) "Electronic service" is service of a document on a party or other person by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person including the party or other person's attorney, through an electronic filing service provider, or by a court.(4) "Electronic transmission" means the sending of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.(5) "Electronic notification" means the notification of a party or other person that a document is served by sending an electronic message to the electronic service address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served and providing a hyperlink at which the served document can be viewed and downloaded.(6) "Electronic service address" of a party means the electronic address at or through which the party has authorized electronic service.(7) An "electronic filer" is a person filing a document in electronic form directly with the court, by an agent, or through an electronic filing service provider.(8) "Electronic filing" is the electronic transmission to a court of a document in electronic form for filing. Electronic filing refers to the activity of filing by the electronic filer and does not include the court's actions upon receipt of the document for filing, including processing and review of the document and its entry into the court's records.(9) An "electronic filing service provider" is a person or entity that receives an electronic filing from a party for retransmission to the court or for electronic service on other parties, 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. (Subd (c) amended and relettered effective January 1, 2017; adopted as subd (d) effective January 1, 2011; previously amended effective January 1, 2012.)
(10) An "electronic signature" is an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign a document or record created, generated, sent, communicated, received, or stored by electronic means.(11) A "secure electronic signature" is a type of electronic signature that is unique to the person using it, capable of verification, under the sole control of the person using it, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated.Rule 8.70 amended effective 1/1/2022; amended effective 1/1/2017; adopted effective 7/1/2010; previously amended effective 1/1/2011, and1/1/2012.Advisory Committee Comment
Subdivision (c)(3). 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 expressly authorize electronic notification as an alternative means of service. This 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 only electronic transmission as an effective means of electronic service.
Subdivision (c)(10). The definition of electronic signature is based on the definition in the Uniform Electronic Transactions Act, Civil Code section 1633.2.
Subdivision (c)(11). The definition of secure electronic signature is based on the first four requirements of a "digital signature" set forth in Government Code section 16.5(a), specifically the requirements stated in section 16.5(a)(1)-(4). The section 16.5(a)(5) requirement of conformance to regulations adopted by the Secretary of State does not apply to secure electronic signatures.