Rule 8.70. Application, construction, and definitions

(a) Application Notwithstanding 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.

(b) Construction The rules in this article must be construed to authorize and permit filing and service by electronic means to the extent feasible.

(c) Definitions As used in this article, unless the context otherwise requires:

(1) “The court” means the Supreme Court or a Court of Appeal.

(2) A “document” is:

(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” means the electronic address at or through which a party or other person 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 document from a party or other person for retransmission to the court or for electronic service on other parties, or both. In submitting electronic filings, the electronic filing service provider does so on behalf of the electronic filer and not as an agent of the court.

(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.

Committee Notes

(Subd (a) amended and relettered effective January 1, 2017; adopted as subd (b); previously amended effective January 1, 2012.)

(Subd (b) relettered effective January 1, 2017; adopted as subd (c).)

(Subd (c) amended effective January 1, 2022; adopted as subd (d) effective January 1, 2011; previously amended effective January 1, 2012; previously amended and relettered effective January 1, 2017)