Rule 2.255 - Contracts with and responsibilities of electronic filing service providers and electronic filing managers(a)Right to contract(1) A court may contract with one or more electronic filing service providers to furnish and maintain an electronic filing system for the court.(2) If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider.(3) A court may contract with one or more electronic filing managers to act as an intermediary between the court and electronic filing service providers.(4) If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them.(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2011.)
(b)Provisions; of contract(1) The court's contract with an electronic filing service provider may: (A) Allow the provider to charge electronic filers a reasonable fee in addition to the court's filing fee; (B) Allow the provider to make other reasonable requirements for use of the electronic filing system.(2) The court's contract with an electronic filing service provider must comply with the requirements of Code of Civil Procedure section 1010.6.(3) The court's contract with an electronic filing manager must comply with the requirements of Code of Civil Procedure section 1010.6.(Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2018.)
(c)Transmission of filing to court(1) An electronic filing service provider must promptly transmit any electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court directly or through the court's electronic filing manager.(2) An electronic filing manager must promptly transmit an electronic filing and any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court.(Subd (c) amended effective January 1, 2020; previously amended effective January 1, 2011, and January 1, 2019.)
(d)Confirmation of receipt and filing of document(1) An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court.(2) The electronic filing service provider must send its confirmation to the filer's electronic service address and must indicate the date and time of receipt, in accordance with rule 2.259(a).(3) After reviewing the documents, the court must promptly transmit to the electronic filing service provider and the electronic filer the court's confirmation of filing or notice of rejection of filing, in accordance with rule 2.259. (Subd (d) amended effective January 1, 2011; previously amended effective January 1, 2007.)
(e)Ownership of informationAll contracts between the court and electronic filing service providers or the court and electronic filing managers must acknowledge that the court is the owner of the contents of the filing system and has the exclusive right to control the system's use.
(Subd (e) amended effective January 1, 2019; previously amended effective January 1, 2007.)
(f)Establishing a filer account with an electronic filing service provider(1) An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider.(2) This provision applies only to the creation of an account and not to the use of 22 an electronic filing service provider's services. An electronic filing service 23 provider may require a filer to provide a credit card, debit card, or bank 24 account information before rendering services unless the services are within 25 the scope of a fee waiver granted by the court to the filer.(g)Electronic filer not required to consent to electronic service(1) An electronic filing service provider must allow an electronic filer to proceed with an electronic filing even if the electronic filer does not consent to receive electronic service.(2) This provision applies only to electronic service by express consent under rule 2.251(b). (Subd (g) adopted effective January 1, 2021.)
(h) Fees for electronic filing services not chargeable in some criminal actions(1) Electronic filing service providers and electronic filing managers may not charge a service fee when an electronic filer files a document in a criminal action when the electronic filer is a prosecutor, an indigent defendant, or court appointed counsel for an indigent defendant.(2) For purposes of this subdivision, "indigent defendant" means a defendant who the court has determined is not financially able to employ counsel pursuant to Penal Code section 987. Pending the court's determination, "indigent defendant" also means a defendant the public defender is representing pursuant to Government Code section 27707.Rule 2.255 amended effective 1/1/2022; amended effective 1/1/2021; Rule 2.255amended effective 1/1/2020; Rule 2.255amended effective 1/1/2019; Rule 2.255 amended effective 1/1/2018; adopted as rule 2055 effective 1/1/2003; previously amended and renumbered effective 1/1/2007 and 1/1/2011.