California Code of Civil Procedure 263.3 – Whenever the fax transmission of a document or record to a levying …
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.
Terms Used In California Code of Civil Procedure 263.3
- Electronic record: means a document or record created, generated, sent, communicated, received, or stored by electronic means. See California Code of Civil Procedure 263.1
- Fax: is a n abbreviation for "facsimile" and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted. See California Code of Civil Procedure 263.1
- 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. See California Code of Civil Procedure 263.1
- Levying officer: means the sheriff or marshal acting as a ministerial officer pursuant to §. See California Code of Civil Procedure 263.1
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- 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. See California Code of Civil Procedure 263.1
- 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. See California Code of Civil Procedure 263.1
(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. (AB 2394) Effective January 1, 2011.)