09 LC
29 3649S
The
House Committee on Judiciary offers the following substitute to HB
29:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia
Annotated, relating to commencement of action and service, so as to provide for
electronic service of pleadings subsequent to the original complaint; to provide
for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating
to commencement of action and service, is amended by revising subsection (b) of
Code Section 9-11-5, relating to service and filing of pleadings subsequent to
the original complaint and other papers, as follows:
"(b)
Same — How
made. Whenever under this chapter service
is required or permitted to be made upon a party represented by an attorney, the
service shall be made upon the attorney unless service upon the party
himself
is ordered by the court. Service upon the attorney or upon a party shall be
made by delivering a copy to
him
the person to
be served or by mailing it to
him
the person to
be served at
his
the
person's last known address or, if no
address is known, by leaving it with the clerk of the court. As used in this
Code section, the term 'delivery of a copy' means handing it to the
attorney or
to the party,
person to be
served or leaving it at
his
the person to
be served's office with
his clerk
or other
a
person in charge thereof or, if
the
such
office is closed or the person to be served has no office, leaving it at
his
the person to
be served's dwelling house or usual place
of abode with some person of suitable age and discretion
then
residing therein.
'Delivery of a
copy' also means transmitting a copy via electronic mail in portable document
format (PDF) to the person to be served using all electronic mail addresses
provided pursuant to subsection (f) of this Code section and showing in the
subject line of the electronic mail message the words 'STATUTORY ELECTRONIC
SERVICE' in capital letters. Service by
mail is complete upon mailing. Proof of service may be made by certificate of
an attorney or of his
or
her employee, by written admission, by
affidavit, or by other proof satisfactory to the court. Failure to make proof
of service shall not affect the validity of service."
SECTION
2.
Said
article is further amended by adding new subsections to Code Section 9-11-5,
relating to commencement of action and service, to read as follows:
"(f)(1)
Electronic
service of
pleadings. A
party may consent to being served with pleadings electronically by:
(A)
Filing a notice of consent to electronic service and including the party's
electronic mail address or addresses in such pleading; or
(B)
Including the party's electronic mail address or addresses in or below the
signature block of the complaint or answer, as applicable to the
party.
(2)
A party may rescind his or her election to be served with pleadings
electronically by filing and serving a notice of such rescission.
(3)
If a party agrees to electronic service of pleadings, such party bears the
responsibility of providing notice of any change in his or her electronic mail
address or addresses.
(g)
Presumption
of service.
If a party produces satisfactory evidence of service of a pleading, it shall be
presumed that the person to be served received the pleading; provided, however,
that such presumption may be
rebutted."
SECTION
3.
Said
article is further amended by revising subsection (e) of Code Section 9-11-6,
relating to time, as follows:
"(e)
Additional time after
service by mail
or
electronic
mail.
Whenever a party has the right or is required to do some act or take some
proceedings within a prescribed period after the service of a notice or other
paper, other than process, upon him
or
her, and the notice or paper is served
upon
him
the
party by mail
or electronic
mail, three days shall be added to the
prescribed period."
SECTION
4.
This
Act shall become effective on January 1, 2010.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.