HB530: HB530 Courts; authorization for electronic filing of pleadings in probate court; provide

26 HB 530/AP House Bill 530 (AS PASSED HOUSE AND SENATE) By: Representatives Leverett of the 123rd, Reeves of the 99th, Scoggins of the 14th, Kelley of the 16th, and Oliver of the 84th A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 9 of Title 15 of the Official Cod e of Georgia Annotated,1 relating to time, place, and procedure, so as to provide for electronic filing of pleadings and2 other documents in probate court; to provide for the promulgati on of rules; to provide for3 fees; to provide for access to pleadings for certain staff and litigants; to provide for4 limitations and exceptions; to provide for applicability; to pr ovide for related matters; to5 repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time,9 place, and procedure, is amended by adding a new Code section to read as follows:10 "15-9-86.2.11 (a)(1)(A) On or before January 1, 2029, pursuant to standards and rules promulgated12 by the Council of Probate Court Judges of Georgia, probate courts shall provide for the13 electronic filing of all pleadings and any other document relat ed thereto in any civil14 matter in a probate court and provide for the acceptance of payments and remittances15 by electronic means.16 H. B. 530 - 1 - 26 HB 530/AP (B)(i) On and after January 1, 2029, except as provided in par agraph (6) of this17 subsection, all pleadings and any other document related thereto in any civil matter18 in a probate court shall be filed by electronic means through t he court's electronic19 filing service provider.20 (ii) Except as provided in paragraph (6) of this subsection, o nce a court has21 commenced mandatory electronic filings in civil cases, a clerk shall not accept, file,22 or docket any pleading or any other form of paper document related thereto from an23 attorney, or party if he or she is pro se, in a civil case; pro vided, however, that to24 protect and promote access to the courts, courts shall reasonably accommodate parties25 by accepting and then converting and maintaining in electronic form pleadings or26 other form of paper documents related thereto presented physically at the courthouse27 by an attorney or a pro se party or otherwise received by the court from a pro se party.28 The clerk shall not charge the fee as set forth in subparagraph (A) of paragraph (2) of29 this subsection for such filings but when payment is submitted by credit card or bank30 draft, the clerk may charge the convenience fee as set forth in subparagraph (B) of31 paragraph (2) of this subsection.32 (iii) Once a court has commenced mandatory electronic filings in civil cases, the33 court shall be required to provide a public terminal either wit hin the administrative34 office space of the probate court or the county law library for any party to35 electronically file pleadings or other documents related thereto.36 (2) Except as provided in par agraph (3) of this subsection, a court's electronic filing37 service provider may charge a fee which shall be a recoverable court cost and only38 include a:39 (A) One-time fee for electronically filing pleadings or documents in a civil action and40 the electronic service of pleadings, regardless of how many par ties shall be served,41 which shall not exceed $30.00 per filer, per case. Such fee shall be paid at the time of42 the first filing on behalf of a party, provided that, when fili ngs are submitted via a43 H. B. 530 - 2 - 26 HB 530/AP public access terminal, such fee shall be paid upon the first f iling not using such44 terminal; and45 (B) Convenience fee for credit card and bank drafting services, which shall not exceed46 3.5 percent, plus a 30¢ payment services fee per transaction.47 (3) No electronic filing service provider shall charge a fee pursuant to this subsection for48 the filing of:49 (A) Pleadings or documents related thereto filed:50 (i) By any local, state, or federal office, officer, or agency;51 (ii) By attorneys appointed by the probate court to represent the interest of any party;52 (iii) By guardians ad litem; or53 (iv) On behalf of a municipal corporation or county government; or54 (B) Leaves of absence or conflict notices filed pursuant to the Uniform Rules for the55 Probate Court.56 (4) With respect to the fee charged pursuant to subparagraph (A) of paragraph (2) of this57 subsection, the probate court shall retain $2.00 of the transaction fee and remit it to the58 governing authority of the county. No other portion of such tr ansaction fee shall be59 remitted to any other office or entity of the state or governin g authority of a county or60 municipality.61 (5) An attorney, or party if he or she is pro se, shall be allowed unlimited access to view62 and download any pleading or document electronically filed in c onnection to the civil63 action in which he or she is counsel of record or a pro se party, and an electronic service64 provider shall not be authorized to charge or collect a fee for such viewing or65 downloading.66 (6) The provisions of paragraphs (1), (4), and (5) of this sub section shall not apply to67 pleadings or other documents:68 (A)(i) Filed in connection with a pauper's affidavit;69 (ii) Filed under seal or presented to a court in camera or ex parte; or70 H. B. 530 - 3 - 26 HB 530/AP (iii) To which access is restricted by law or court order;71 (B) Presented in a court located in an area that has been decl ared to be in a state of72 emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of73 Georgia shall provide rules for filings in such circumstances; or74 (C) Filed prior to the commencement of electronic filing provi ded for in this Code75 section, wherein the filer shall continue to pay fees applicable to the case on the date76 of the first filing; provided, however, that a party may elect to make future filings77 through the court's electronic filing service provider and pay the applicable fees.78 (b) Each probate court shall develop and enact policies and procedures necessary to carry79 out the standards and rules created by the Council of Probate Court Judges of Georgia.80 (c) Nothing in this Code section shall be construed to prevent a court's acceptance of81 payments and remittances by electronic means under the court's own authority.82 (d) A judge to whom the case is assigned and his or her staff shall, at all times, have access83 to all pleadings and documents electronically filed, and such access shall be provided upon84 the electronic acceptance of such pleadings and documents by the court.85 (e) Any pleading or document filed electronically shall be deemed filed as of the time of86 its receipt by the electronic filing service provider. A plead ing or document filed87 electronically shall not be subject to disclosure until it has been accepted by the court. 88 Upon such acceptance as provided for in this subsection, such pleading or document shall89 be publicly accessible for viewing at no cost to the viewer on a public access terminal90 available at the courthouse during regular business hours unles s otherwise prohibited or91 limited by law."92 SECTION 2.93 All laws and parts of laws in conflict with this Act are repealed.94 H. B. 530 - 4 -