Committee clarifies 'counsel of record' for electronic service in bill reported with amendments

Chair Senator Miller took up Senate Bill 424, presented by Senator Foyle, which aims to clarify how electronic service may be made under Code of Civil Procedure Article 13 13. Senator Foyle told the committee the bill "clarifies what the term counsel of record is" and would require electronic service to be directed to a lawyer who "has enrolled in the action for a party."

The bill's sponsor said six amendments were proposed, five of them technical, to avoid requiring an email address in the pleadings and to make clear that an enrolled attorney — not an unrelated firm member or a non‑party — is the proper recipient for electronic service. Senator Carter and Vice Chair Luno asked whether the language would allow service on any lawyer at a firm or only the specific attorney enrolled in the case; Senator Foyle said the amendment's intent was to narrow service to an attorney who has enrolled in the action and he was "happy to work with" colleagues on any needed language tweaks.

The committee adopted the amendment set and, without objection, reported SB424 with amendments to the next stage. The record shows the committee sought to preserve electronic service while reducing the risk that non‑parties or unenrolled attorneys would be treated as proper service recipients under the civil‑procedure article cited in committee materials.