Metropolitan News-Enterprise

 

Monday, April 20, 2020

 

Page 3

 

Judicial Council:

Attorneys Must Accept Electronic Service

Emergency Rule to Stay in Effect Until 90 Days After Pandemic Has Ended

 

By a MetNews Staff Writer

 

The Judicial Council announced Friday that an emergency rule has been enacted—to remain in effect until 90 days after the governor declares that CONVID-19 restrictions are lifted—requiring attorneys to accept electronic service of documents.

“Attorneys have reported that during this pandemic, some parties refuse to agree to electronic service and insist on serving and being served by mail,” the announcement says. “The new temporary rule makes it mandatory for represented parties but only voluntary for self-represented litigants.”

The rule will have little effect with respect to Los Angeles Superior Court cases, where receipt of electronic service by attorneys in non-complex civil cases is already mandatory. Under a May 3, 2019 first amended general order, electronic filing is required in cases where a party is represented by an attorney; California Rules of Court, rule 2.251(c)(3) provides that “a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons.”

 

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