(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.
§ 263.2.Levying officer’s information processing system; Filing day in case of technical problem
Title 4. Ministerial Officers of Courts of Justice · Chapter 2. Levying Officer Electronic Transactions Act · Enacted 2010 · no amendments on record · Last verified July 28, 2026
In one sentence§ 263.2 lets a levying officer use an information processing system for electronic records if the officer has the resources and technological capacity to do so, and requires the officer to treat a document as filed on the day an electronic sender attempted to transmit it if a technical problem on the officer’s system blocked receipt that day.
Full Text of § 263.2
(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.
Plain-English Summary
§ 263.2 has two parts. Subdivision (a) authorizes a levying officer to use an information processing system to create, generate, send, receive, store, display, retrieve, or process information and electronic records, based on industry standards, but only to the extent the officer has the resources and technological capacity to do so — echoing the opt-in structure set out in § 263(c).
Subdivision (b) protects a sender from the officer’s own technical failures. If a technical problem with the levying officer’s system prevents the officer from receiving an electronic transmission during regular business hours on a particular court day, and the sender demonstrates an attempt to transmit the document that day, the officer must deem the document filed on that day regardless.
For anyone filing against a deadline, that deeming rule matters: a system outage on the levying officer’s end does not cost the sender the filing date, as long as the sender can show the attempt was made.
Frequently Asked Questions
Can a levying officer be forced to run an electronic filing system it cannot support?
No. § 263.2(a) ties the authority to use an information processing system to the officer having the resources and technological capacity to do so.
What happens if I try to send an electronic filing but a technical problem on the levying officer’s end blocks it?
§ 263.2(b) requires the levying officer to treat the document as filed on the day you demonstrate an attempt to transmit it, if a technical problem prevented receipt during regular business hours that day.
Does the sender have to prove anything to get the benefit of that filing-day rule?
Yes. § 263.2(b) requires the sender to demonstrate an attempt to electronically transmit the document on the day in question.
Amendment History
Added Stats 2010 ch 680 § 4 (AB 2394), effective January 1, 2011.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: electronic filing day levying officer technical problemccp 263.2 information processing system sheriffelectronic transmission failed filing date california