Forms

The California Judicial Council has approved 3 forms that may affect process servers.

 

The following forms are new because the preparation instruction prompt the preparing not to include full Social Security Numbers for fear that they eventually become a public record.  This is a reflection of several related statutes restricting the filing and recording of personal information. Others merely change appropriate reference to a governmental agency, and another cross-references a new renumbered code sections. 

 

• Abstract of Judgment (instruction to list only the last 4 digits of a driver’s license or SSN)
• Employee Instructions for Earnings Withholding Order (reference to the local child support agency)
• Notice to Consumer and Objection form (cross-references a new renumbered code sections.) 

 

A new optional form Commission to Take Deposition Outside California will be available for litigants to request, and for courts to issue or order, commissions to take out-of-state depositions.  Although it is an optional form, the new form will serve to standardize the process of obtaining a deposition subpoena from a foreign court for purposes of subpoenaing out-of-state witnesses for actions pending in California.  Courts in California and other states will begin to recognize it, and in time, it will help streamline the process.

 

All approved forms may be viewed in the Judicial Council Agenda of October 26, 2007 here: http://www.courtinfo.ca.gov/jc/documents/age102607.pdf.  The Commission form is Item A-14, and the other forms are in Item A-42.

 

New forms are posted on the Judicial Council web site here: http://www.courtinfo.ca.gov/forms/latest.htm

 

---

Rules of Court

Rule 2.253. Court order requiring electronic service or filing

(a) Court order

The court may, on the motion of any party or on its own motion, after finding that such an order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to:

(1)Serve all documents electronically, except when personal service is required by statute or rule;

(2)File all documents electronically; or

(3)Serve and file all documents electronically, except when personal service is required by statute or rule.

(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)

(b) Additional provisions of order

The court's order may also provide that:

(1)Documents previously filed in paper form may be resubmitted in electronic form; and

(2)When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.

(Subd (b) relettered and amended effective January 1, 2008; adopted as part of subd (a) effective January 1, 2003.)

(c) Filing in paper form

When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or another means, a court may allow that party to serve, file, or serve and file the document in paper form.

(Subd (c) relettered and amended effective January 1, 2008; adopted as subd (b) effective January 1, 2003.)

Rule 2.253 amended effective January 1, 2008; adopted as rule 2053 effective January 1, 2003; previously amended and renumbered effective January 1, 2007.