Alameda — E-SERVICE FAQs

Source: https://www.alameda.courts.ca.gov/system/files/forms-and-filings/eservice-faqs.pdf

eService FAQs

Get Notified Faster Using Email Instead of Snail Mail

General Questions

1. What is Electronic Service (eService)? The service of a document on another person either by electronic transmission or electronic notification. Electronic service may be performed directly by a person or party, by a person’s agent (including attorney), through an electronic filing service provider and by the Court.

2. What are the rules or guidelines for electronic service (eService)? Refer to California Rules of Court, rule 2.251 and Code of Civil Procedure, Sections 1010.6 and 1013b.

3. Are all documents that may be served by mail eligible for electronic service (eService)? Yes. If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is authorized.

4. Can confidential or sealed records be served electronically? Yes. Confidential or sealed records may be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.

5. What documents will the Court electronically serve? The Court will electronically serve any document required to be served by the Court to a person subject to mandatory electronic service or who has consented to electronic service.

6. Can I be electronically served at more than one email address? No. The Court will only provide electronic service to a single email address as designated on your initial pleading.

7. How does the Court determine which email address they will use for electronic service (eService)? The Court will provide electronic service for parties at the email addresses designated by the filer.

8. Can I change my email address the Court has on record? Yes. To change your email address, you may submit Judicial Council form, EFS-010, Notice of Change of Electronic Service Address to update your email at any time.

9. Does the Court serve other persons on behalf of a party? No. The Court will not electronically serve any documents on behalf of another party. Electronic service may be made by any of the methods as identified in Code of Civil Procedure, Section 1013b.

10. When a document is sent electronically, when is it deemed served? Electronic service of the document is deemed served at the time of the electronic transmission or at the time the electronic notification of service of the document is sent.

11. How many days are extended for any act or duty to respond after the electronic transmission? Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, for which a time period or date is prescribed by statute or rule of court, shall be extended after electronic service by two (2) court days, with some exceptions. However, the extension of time does not apply to the filing of any of the following: Notice of intention to move for new trial; Notice of intention to move to vacate judgment under Section 663a; or a Notice of Appeal [Code of Civil Procedure, Section 1010.6(a)(3)(B)]

12. Will the Court accept electronic service (eService)? No. Documents that are required to be served on the Court are not eligible for electronic service and must be served through conventional methods as required by statute.

13. Is Proof of Electronic Service (eService) required? Yes. Proof of Electronic Service must comply with Code of Civil Procedure, Section 1013b and must be filed on all documents that are required to be served on the opposing party.

Attorney Specific Questions

1. Is electronic service (eService) mandatory for attorneys? Yes. Attorneys in civil cases are required to receive documents electronically unless they have obtained a Court order for exemption.

2. I am an attorney. If I file electronically, have I consented to electronic service (eService)? Essentially yes. E-filing and eService is mandatory for attorneys. Refer to California Rules of Court, rule 2.251(C)(3).

3. I am an attorney. Am I required to provide consent or file a Consent to Electronic Service and Notice of Electronic Service Address? No. An attorney who has appeared in an action or proceeding shall accept electronic 2

service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission.

4. My law firm has a designated email address for electronic service. How can I ensure that Court issued documents are sent to this email address? Parties may submit Judicial Council form, EFS-010, Notice of Change of Electronic Service Address to update their email address of record at any time. Any change to an eService address must be promptly updated by the party or attorney to ensure seamless communication.

5. As an attorney, can I request an exemption from mandatory electronic service (eService)? Yes. An attorney may seek an exemption for mandatory electronic filing and service on the grounds provided in Code of Civil Procedure, Section 1010.6. Attorneys may submit Judicial Council form, EFS-007, Request for Exemption from Mandatory Electronic Filing and Service and submit the corresponding Order of Exemption from Electronic Filing and Service, Judicial Council form EFS008.

Self-Represented Litigant Questions

1. I am a self-represented litigant. Am I required to receive electronic service (eService)? No. Self-represented litigants are not required to receive service of documents electronically; however, they may provide consent.

2. What are the benefits of Electronic Service (eService) for self-represented litigants? Self-represented litigants that provide consent to accept electronic service will receive Court issued documents more quickly than through traditional mail by the U.S. postal service.

3. I am a self-represented litigant. If I file electronically, have I consented to electronic service (eService)? No. Self-represented litigants must affirmatively consent to accept electronic service. Refer to California Rules of Court, rule 2.251(b)(1)(B) and Code of Civil Procedure, Section 1010.6(c)(2)(iii).

4. As a self-represented litigant, how do I provide my consent to receive electronic service (eService)? You may complete and file the Judicial Council form, EFS-005-CV, Consent to Electronic Service and Notice of Electronic Service Address. This form will allow you to consent to electronic service and designate your email address for electronic service.

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5. Can a single consent form be submitted for multiple self-represented litigants? No. Each self-represented litigant must submit a separate Judicial Council form, EFS-005- CV, Consent to Electronic Service and Notice of Electronic Service Address to affirmatively consent to accept electronic service and to provide their email address.

6. I am a self-represented litigant. After I have submitted my consent, may I withdraw my consent to service by mail? Yes. A self-represented litigant, who has provided consent to accept service electronically, may withdraw consent at any time by filing Judicial Council form, EFS-006, Withdrawal of Consent to Electronic Service.

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