eFile CA: What are the rules for eService in California?
eService can be extremely efficient and save you time and money but it is imperative that you comply with the California Rules of Court. Many do not know that you can actually eServe documents in all 58 California counties, even if the court does not permit eFiling.
- 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.