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S.F. No. 2195 - Judicial Branch Policy
 
Author: Senator Ron Latz
 
Prepared By:
 
Date: March 12, 2014



 

This bill contains recommended amendments from the judicial branch aimed at improving processes for litigants, promoting implementation of electronic court records, and promoting efficiency.

Section 1 amends the election law provision governing petitions to correct errors and omissions to require that petitions be served on all candidates for the office in which the error or omission is alleged.

Sections 2, 8, and 12 amend statutes to eliminate requirements that a court seal on documents be a raised seal. If a seal is affixed electronically, it must bear the likeness of the seal of the state and the name of the court in which it is to be used.

Sections 3, 4, 9, and 13 eliminate requirements that various documents filed with a court that are under oath must be notarized.

Section 3 contains the general framework under which signing a document filed with the court would constitute verification upon oath or affirmation, without actual administration of an oath. The signature must be affixed below a declaration acknowledging under penalty of perjury that everything stated in the document is true and correct. Other execution requirements are included. A person who signs knowing that the document is false in any material respect would be guilty of perjury under the criminal code, even if the date, county, and state of signing are omitted from the document.

Sections 5 and 6 authorize electronic service in lieu of mailed service for probate cases involving estates, guardianships, conservatorships, and trusts.

Section 7 expands the information that must be submitted to the judge for approval of a transfer of structured settlement payment rights.  Notification of the date and judicial district of any prior application, including whether the application was granted or denied, must be included. To the extent prior applications were granted, the petition must provide the amount and due dates of payments that were transferred, the aggregate amount, discounted present value, and gross amount payable to the payee in exchange for the transfer.

Section 10 amends the statute governing harassment restraining orders to require a hearing request to be made within 20 days of service of the petition, rather than within 45 days of the filing or receipt of the petition.

Section 11 amends the statute governing allocation of payments in cases where payment by the defendant of restitution and a fine are required. Payments must be applied to the restitution obligation before being applied to a fine, fee, surcharge, or other financial obligation, unless otherwise ordered by the court.

 
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