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 to 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:
- Agreeing to the terms of service agreement with an EFSP or
- “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.
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.
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 within the One Legal platform.