California Code of Civil Procedure. California

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      (d) “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted.

      (e) “Fax machine” means a machine that can send and receive a facsimile transmission using industry standards and includes a fax modem connected to a computer.

      (f) “Fax transmission” means the electronic transmission and reconstruction of a document that prints a duplicate of the original document at the receiving end. “Fax transmission” includes, but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means.

      (g) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, retrieving, or processing information, but does not include a fax machine.

      (h) “Instructions” and “levying officer instructions” mean a written request to a levying officer to serve process, perform a levy, execute an arrest warrant, or perform some other act.

      (i) “Legal entity” means the legal form of an artificial person and includes a corporation, defunct corporation, unincorporated association, partnership, public agency, limited liability company, joint stock company or association, and limited liability partnership.

      (j) “Levying officer” means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code.

      (k) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.

      (l) “Transmission record” means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission.

      (Added by Stats. 2010, Ch. 680, Sec. 4. Effective January 1, 2011.)

      263.2. (a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents when based on industry standards and only to the extent that the levying officer has the resources and technological capacity to do so.

      (b) If a technical problem with the levying officer’s system prevents the levying officer from receiving an electronic transmission during regular business hours on a particular court day, and the electronic sender demonstrates an attempt to electronically transmit the document on that day, the levying officer shall deem the document or record as filed on that day.

      (Added by Stats. 2010, Ch. 680, Sec. 4. Effective January 1, 2011.)

      263.3. Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply:

      (a) A levying officer may act upon an electronic record or document transmitted by a facsimile machine in the same manner as the paper record or document upon which the electronic record or document is based.

      (b) A facsimile cover sheet shall accompany the faxed record or document and include all of the following information:

      (1) The name of the sender.

      (2) The fax number of the sender.

      (3) The name of the levying officer.

      (4) The fax number of the levying officer.

      (5) A description of the record or document, including its name, if any, and the number of pages.

      (6) A statement directing the recipient of the faxed document or record to fax to the sender a confirmation, if true, that the fax was properly received.

      (c) A person authorized to fax a record or document to the levying officer pursuant to this chapter shall do all of the following:

      (1) Retain the paper version of the record or document.

      (2) Print or otherwise retain a transmission record of the fax transmission.

      (3) Deliver the paper version of the record, document, or transmission record to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer.

      (d) The levying officer shall retain the facsimile cover sheet together with the faxed record or document.

      (e) The levying officer may electronically copy and store the printed cover sheet, record, or document as an electronic record.

      (Added by Stats. 2010, Ch. 680, Sec. 4. Effective January 1, 2011.)

      263.4. (a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based.

      (b) An electronic record transmitted to a levying officer shall be accompanied by all of the following information:

      (1) The name of the sender.

      (2) The electronic address of the sender.

      (3) The name of the levying officer.

      (4) The electronic address or fax number of the levying officer.

      (c) The person transmitting the electronic record shall do both of the following:

      (1) Retain the paper version of the record or document.

      (2) Deliver the paper version of the record or document to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer.

      (d) For the purpose of this section, “transmission” of an electronic record includes sending the electronic record included in, or in conjunction with, an electronic mail message, as defined in Section 263.1.

      (Added by Stats. 2010, Ch. 680, Sec. 4. Effective January 1, 2011.)

      263.6. (a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions.

      (b) If the original writ is not returned to court as provided in subdivision (a), the levying officer shall retain, for not less than two years after the levying officer’s return is filed with court, each of the following, as applicable:

      (1) The original paper writ or digital image of the writ.

      (2) The memorandum of garnishee.

      (3) The employer’s return.

      (4) An inventory of the levied property.

      (c) A creditor seeking the issuance of a writ directed to another county may direct the levying officer to file an accounting of the levying officer’s actions with the court.

      (1) The filing of the accounting described in this subdivision does not constitute СКАЧАТЬ