Have you ever wanted to eServe your documents but worried that you might not be doing it correctly? eService can be much more efficient and save you time and money, but it is imperative that you comply with the California Rules of Court. Many people don’t know that you can actually eServe documents in all 58 California counties, even if the court does not permit eFiling. You can expect another Instant Expert guide on this very topic soon, but in the meantime we have compiled a list of things you absolutely need to know about eService in California.
- eService is permitted if you can overnight, fax or mail your document. Pursuant to CRC 2.251 (a), anything that requires personal service is not allowed to be eServed.
- You can consent to eService by doing one of two things: either filing and serving a notice of such, like a Stipulation or a Consent to eService, or by eFiling any document with the court. It is case specific, so when you eFile a document in a particular case you are consenting to eService in that case only.
- You must eServe if eFiling is mandated, pursuant to CRC 2.251 (c)(2), unless personal service is required by statute, the court orders otherwise or the case involves self-represented litigants. Self-represented litigants do have the option to consent to eService.
- Service is complete at the time of transmission. Once you hit “send” or “submit”, you have done your due diligence.
- Any period of response time is extended by two court days.
- Electronic Proofs of Service need to be included along with the documents being eFiled, eServed, or both. The Proof of Service can be on pleading or on a Judicial Council form. It can also be attached to the document or submitted as its own document.
If you are interested in learning more about eService in California, sign up for our eService webinar held on the third Tuesday of every month! You can also read more about the California Rules of Court on eService here.