IN THE MATTER OF THE ADOPTION OF NEW GR 30

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ORDER NO. 25700-A-773

     The JIS Committee having recommended the adoption of proposed New GR 30, and the Court having considered the new rule and comments submitted thereto, and having determined that the proposed new rule will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the proposed new rule as attached hereto is adopted.

     (b) That the new rule will be published in the Washington Reports and will become effective September 1, 2003.

     DATED at Olympia, Washington this 10th day of July 2003.

	Alexander, C.J.
Johnson, J.	Bridge, J.
Madsen, J.	Chambers, J.
Sanders, J.	Owens, J.
Ireland, J.	Fairhurst, J.

GR 30.1 Definitions

     (a) "Electronic Filing" is the electronic transmission of information to a court or clerk for case processing.

     (b) "Electronic Document" is an electronic version of information traditionally filed in paper form, except for documents filed by facsimile which are addressed in GR 17.

     (c) "Electronic Filing Technical Standards" are those standards adopted by the Judicial Information System Committee to implement electronic filing.

GR 30.2 Electronic filing authorization, exception, service, and technology equipment.

     (a) The clerk may accept for filing an electronic document that complies with the Court Rules and the electronic filing technical standards.

     (b) A document that is required by law to be filed in non-electronic media may not be electronically filed.

     COMMENT: Certain documents are required by law to be filed in non-electronic media. Examples are original wills, certified records of proceedings for purposes of appeal, negotiable instruments, and documents of foreign governments under official seal.

     (c) Electronic Transmission from the Court. The clerk may electronically transmit notices, orders, or other documents to the party filing electronically, and to any other person who agrees to accept electronic documents from the court.

     (d) Electronic Service by Parties. Parties may electronically serve documents on other parties of record only by agreement.

     (e) Electronic filing is voluntary. An attorney, party, court, or clerk is not required to accept or file electronic documents.

GR 30.3 An electronic document has the same legal effect as a paper document.

GR 30.4 Time of Filing, Confirmation, and Rejection.

     (a) An electronic document is filed when it is received by the clerk's designated computer during the clerk's business hours; otherwise the document is considered filed at the beginning of the next business day.

     (b) The clerk shall issue confirmation to the filing party that an electronic document has been received.

     (c) The clerk may reject a document that fails to comply with the court's filing requirements. The clerk must notify the filing party of the rejection.

GR 30.5. Authentication of Electronic Documents

     (a) A person seeking to file or authenticate an electronic document must first apply either to the Administrative Office of the Courts or a clerk, approved by the Administrative Office of the Courts, for a password and personal identification number.

     (b) All electronic documents must be filed using the password and personal identification number authorized in subsection (a). An electronic document is presumed to have been signed and authorized when the filer uses the authorized password and personal identification number to file the electronic document. The password and personal identification number cannot be used by, or on behalf of, anyone other than the person to whom it is assigned.

     (c) A document that is required by law to be executed under penalty of perjury must be electronically authenticated by the affiant/declarant using the affiant/declarant's password and personal identification number authorized in subsection (a). The document must conform to the oath language requirements set forth in RCW 9A.72.085 and GR 13.

     (d) An electronic document filed in accordance with this rule shall bind the Signatory and function as the Signatory's signature for any purpose, including CR 11. An electronic document shall be deemed the equivalent of an original signed document if the filer and the affiant/declarant have complied with this rule.

GR 30.6. Filing fees, electronic filing fees.

     (a) The clerk is not required to accept electronic documents that require a fee. If the clerk does accept electronic documents that require a fee, the local courts must develop procedures for fee collection that comply with the payment and reconciliation standards established by the Administrative Office of the Courts and the Washington State Auditor.

     (b) Anyone entitled to waiver of non-electronic filing fees will not be charged electronic filing fees. The court or clerk shall establish an application and waiver process consistent with the application and waiver process used with respect to non-electronic filing and filing fees.

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