A key point of confusion for filers is who is responsible for creating and signing the Proof of Service (POS) when documents are served through One Legal.
The most important principle is this:
The party who effects service is responsible for creating the Proof of Service.
This responsibility does not shift to One Legal when using eService. It remains with the filer.
The Core Difference: Process Service vs. eService
Although both methods accomplish service of legal documents, they operate under completely different responsibilities.
Process Service (Traditional Service by a Process Server)
When you hire One Legal or any process server to physically serve documents:
- The process server effects service (they physically deliver documents)
- The process server prepares and signs the Proof of Service
- You receive a completed, signed POS from the server
- The server can legally declare service because they performed the action
Think of it like:
You hire FedEx to deliver a package — FedEx provides proof of delivery because they completed the delivery.
Electronic Service (eService through One Legal)
When you use One Legal’s eService feature:
- You effect service (you initiate and send the electronic service)
- You are responsible for creating and signing the Proof of Service
- One Legal only provides the technology platform to transmit the documents
- One Legal does not perform the legal act of service
Think of it like:
You send an email — you are the one who knows what was sent, when it was sent, and to whom. The email provider does not create legal proof of service for you.
Critical Responsibility Statement
When using eService:
The filer is the “server” in the eyes of the court.
This means:
- You control the service action
- You determine recipients and timing
- You are the only person with firsthand knowledge of the service
- You are legally responsible for documenting it
One Legal provides the transmission tool—not the legal act of service.
Why You Must Create Your Own Proof of eService
Because you are the party effecting service, only you can truthfully declare:
- What documents were servedWhen service occurred
- Who received service
- How service was completed (electronic transmission)
One Legal cannot sign the Proof of Service because:
- We did not perform the service action
- We do not have legal authority to declare service occurred on your behalf
- The court requires a declaration from the acting party
Step 1: Create Your Proof of eService
You have two acceptable options in California:
Option 1: Judicial Council Form POS-050
Use the official California form:
Proof of Electronic Service (POS-050)
https://www.courts.ca.gov/documents/pos050.pdf
Complete all required fields, including:
- Parties served
- Email addresses used for service
- Date and time of transmission
- List of documents served
- Declaration under penalty of perjury
Option 2: Proof of Service on Pleading Paper
You may also prepare a Proof of Service on 28-line pleading paper.
Your POS must include the requirements under Cal. Rules of Court, rule 2.251(f)(1):
Required Elements:
- Your email address (service address)
- Physical address (as required by rule)
- Date and time of electronic service
- Names and email addresses of all parties served
- Statement that service was completed electronically
- List of documents served
- Declaration under penalty of perjury
- Your signature
Sample Language (eService Declaration)
“I am over the age of 18 and not a party to this action. On [date] at approximately [time], I caused the following documents to be served electronically by transmitting them to the email addresses listed below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
Step 2: Sign Your Proof of Service
Your Proof of Service must be signed by you as the declarant.
Accepted signature methods:
- Wet signature (paper filing)
- Electronic signature (per Cal. Rules of Court, rule 2.257)
Example: /s/ John Doe
Important:
- You must retain the original signed copy
- It must be available for court or party inspection if requested
Step 3: File Your Proof of eService
Once completed:
- File the Proof of Service with the court (electronic filing is permitted)
- Ensure timing compliance for motion practice:
- Must be filed at least 5 court days before hearing (Cal. Rules of Court, rule 3.1300(c))
- Keep signed copies for your records
What You Can Use From One Legal eService
One Legal’s system provides helpful service details, including:
- Date and time documents were transmitted
- Recipient email addresses
- List of documents sent
However:
You may use this information as reference, but you must still prepare and sign your own Proof of Service.
Common Questions
“Why doesn’t One Legal create the Proof of Service for eService?”
Because the legal responsibility differs:
- Process service: One Legal performs service → One Legal signs POS
- eService: You perform service → You sign POS
We provide the platform, but you are the acting party in the service process.
“Can I serve the Proof of Service itself?”
Yes. If parties have consented to eService, you may electronically serve the Proof of Service.
However:
- You still must file the Proof of Service with the court separately
“Is there a template I should use?”
Yes. The recommended template is:
- California Judicial Council Form POS-050
https://www.courts.ca.gov/forms
Legal Authority (California Rules of Court)
Key provisions under Cal. Rules of Court, rule 2.251(f):
- Proof must include electronic service details (email, time, recipients)
- Proof may be filed electronically
- Party must retain original signed copy for inspection
- Service timing rules still apply for motion practice
Key Takeaway
The distinction is simple but critical:
- Process Service → One Legal is the server and prepares the proof
- Service → You are the server and must prepare and sign the proof