Do I need to prepare my own Proof of Service when I eServe?

Because you are effecting your own service when you eServe through One Legal, you are responsible for your own Proof of Service. 

California

There is no mandated language for your Proof of Service. There is a California Judicial Council form entitled, "Proof of Electronic Service," which you can use to create your Proof of Service. You can also create a Proof of Service on pleading as long as it reflects the correct manner of service! 

**Please note that when eServing through CaseLink, One Legal will generate a Certificate of Service.**

CRC 2.251 Proof of service

(1)  Proof of electronic service may be by any of the methods provided in Code of Civil Procedure section 1013a, except that the proof of service must state:

(A)  The electronic service address of the person making the service, in addition to that person's residence or business address;

(B)  The date and time of the electronic service, instead of the date and place of deposit in the mail;

(C)  The name and electronic service address of the person served, in place of that person's name and address as shown on the envelope; and

(D)  That the document was served electronically, in place of the statement that the envelope was sealed and deposited in the mail with postage fully prepaid.

(2)  Proof of electronic service may be in electronic form and may be filed electronically with the court.

(3)  Under rule 3.1300(c), proof of service of the moving papers must be filed at least five court days before the hearing.

(4)  The party filing the proof of electronic service must maintain the printed form of the document bearing the declarant's original signature and must make the document available for inspection and copying on the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in rule 2.257(a).

Illinois

Rule 12Proof of Service in the Trial and Reviewing Courts; Effective Date of Service

      (a) Filing. When service of a document is required, proof of service shall be filed with the clerk.

      (b) Manner of Proof. Service is proved:

      (1) in the case of electronic service through the court electronic filing manager or an approved electronic filing service provider, by an automated verification of electronic service, specifying the time of transmission and e-mail address of each recipient;

      (2)  in the case of service by e-mail, by certification under section 1-109 of the Code of Civil Procedure of the person who initiated the transmission, stating the date of transmission and the e-mail address of each recipient;

Indiana

Rule 86. Electronic filing and electronic service

     (6)  Electronic Service (“E-Service”). E-Service is a method of serving documents by electronic transmission on any User in a case via the Indiana E-Filing System.

Texas

Rule 9. 9.5 Service 

      (d) Proof of Service. A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service, but will require the proof to be filed promptly.

      (e) Certificate Requirements. A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party’s attorney, the name of the party represented by that attorney.


Was this article helpful?

Can’t find what you’re looking for?

Our award-winning customer support team is here to help.

Contact us