eService in California

What is electronic service of process?

As defined in CCP 1010.6(a), electronic service is service of a document on a party or other person by electronic means. Electronic service may be performed directly by a party, by an agent of the party—including by the party’s attorney—or through an electronic filing service provider (EFSP).

When you eServe using an EFSP—like One Legal—you are performing eService by electronic notification (CCP 1010.6(a)(C). This means that the other party or person is notified that a document is served by the sending of an email to an email address at which the party or other person has authorized electronic service. The notification specifies the exact name of the document served and provides a hyperlink at which the served document may be securely viewed and downloaded.

Important: eService is available for subsequent filings only. The initial filing and summons must be personally served according CCP 415.10—415.95

When is electronic service required in California?

Rule 2.251(b)(1) sets out that electronic service may be established in any case by consent. Effective January 1, 2019, it has been amended to read that affirmative consent be made “through electronic means with  the court or the court’s electronic filing service provider…”

A new sub-section (C) defines how consent is manifested. Either by:

  1. Agreeing to the terms of service agreement with an EFSP or
  2. “Filing Consent to Electronic Service and Notice of Electronic  Service Address (form EFS-005-CV).” EFS-005-CV is a new form that would  need to be used if the filer chose that path.

For ease of use, anyone filing or serving with One Legal will be asked  to agree to a new terms of service agreement, which will include consent to receive electronic service.

Self-represented litigants are exempt from this rule.

How is the eService list created?

In California, you are responsible for adding service contacts to your case. Once added, service contacts will remain attached to the case so that you may continue to serve them in the future.

You will be prompted to either create or edit the service list when you reach the eService tab in the electronic court filing workflow.

  • When you reach the eService tab you will be presented with the option to add eService contacts. Click on Add New to add a new service contact.

  • Fill in the service contact details as instructed. When you’re finished, click Add.

  • If you want to remove a service contact from the service list, click on the trash icon.

How do I eServe as I’m placing an eFiling?

  • If you’re placing a subsequent filing in a California court that has enabled electronic court filing (click here for a list), then the eService tab will show.

  • When you reach the eService tab, either add eService recipients to your service list or select the recipients that you wish to serve. Once you have selected all off the parties or other persons that you wish to serve, click Continue.

  • Confirm on the Review tab that you have selected the correct service recipients. You’ll also see any eService charges here (eService in California costs $1 per recipient, up to a maximum of $10). eService notifications will be sent as soon as you click Submit.

Important: Generally, you must attach a proof of electronic service with your electronic filing. We recommend that you use California Form POS-050/EFS-050 — Proof of Electronic Service.

What will the served party receive?

An eService notification will be emailed to the addresses on your service list. The eService notification email contains details of the documents that have been served and provides a link to view the documents.

How do I check the status of my eServe?

Visit the Orders page to check on the status of your order. You’ll find the status of your eServes in the eServe Recipients box. Here, you will see an activity log for each service recipient. This log tracks what each recipient does with the served documents through three different stages.

  • Notification Sent: The eServe was received by the intended recipient.
  • Retrieved: The recipient has opened the email notification and clicked the link inside, which opens a page where they can download all eServed documents.
  • Viewed: The recipient has viewed all eServed documents.

You may also see a status of Partially Viewed. This occurs when multiple documents were eServed and the recipient has viewed some, but not all, of the eServed documents.

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