Service of Notice and Other Papers: Service by Express Mail, Fax, or Electronic Filing

When serving by Express Mail, the party should prepare documents in the same manner as when using service by mail. Service is complete at the time of the deposit. Service by Express Mail extends any period of notice and any right or duty to do any act or make any response by two court days. (California Code of Civil Procedure §1013(c)).

Filing Party

1. Complete a Proof of Service By Mail form: Fill out, but DO NOT SIGN a Proof of Service - Civil (POS-040).
   1. If there is not enough room on the Proof of Service by First-Class Mail Form to list all of the documents being served, attach the Attachment to Proof of Service - Civil (Documents Served) (POS-040(D)).
   2. If more than one party is being served by Express Mail or other method of overnight delivery, attach the Attachment to Proof of Service - Civil (Persons Served) (POS-040(P)) and list on the Attachment all of the individuals served.
2. Photocopy the unsigned Proof of Service form: Make a copy of the unsigned Proof of Service form and all of the Attachments (if used) for each party that you are going to serve by mail.
3. Prepare the documents for service:
   1. Place a copy of the documents to be served, the unsigned Proof of Service form, the Attachments to the Proof of Service forms in an envelope or package designed by the Express Service carrier, and seal the envelope.
   2. Address the envelope or package to the person on whom it is to be served, at the office address as last given by that person on any document filed in the case and served on the party making service; otherwise at that party's place of residence.
   3. If a party is represented by an attorney, the attorney, not the party should be served.
   4. The postage for the express delivery must be made prior to mailing.
   5. Make a photocopy of the front of the envelope to give to the serving party.
4. Mail the documents in an envelope or package designated by the express service carrier with delivery fees paid or provided for.
   1. If using the U.S. Postal Service Express Delivery:
      1. Deposit in a post office, mailbox, subpost office, substation, mail chute, or other like facility regularly maintained by the United States Postal Service for receipt of Express Mail, in a sealed envelope, with Express Mail postage paid, or
   2. In the case of service by another method of delivery providing for overnight delivery, the notice or other paper must be:
      1. Deposited in a box or other facility regularly maintained by the express service carrier, or
      2. Delivered to an authorized courier or driver authorized by the express service carrier to receive documents.
5. Sign the original Proof of Service form.

Filing Party, Server, or Anyone Else

1. Make photocopies.
   1. Make two photocopies of the signed Proof of Service - Civil Form (POS-040).
   2. Make an additional copy of the documents for the serving party's records until the endorsed copy is received from the court.
2. Assemble the documents for filing.
   1. Originals Packet: The original of the documents that were served, and the original Proof of Service - Civil Form (POS-040) that is signed by the Server. These documents should be left unstapled.
   2. Copies Packets: Photocopies of the documents signed and photocopy of the Proof of Service - Civil Form (POS-040). These packets should be stapled. There should be at least two packets, and if the serving party requested a packet, there should be a third packet.
3. File the documents at the courthouse.
4. Keep a copy of the documents for your records.

Service by facsimile (fax) is permitted only where the parties agree to service by fax AND a written confirmation of that agreement is made. (California Rules of Court 2.306(a)(1)).

Where to Serve a Party by Fax

1. Service on last-given fax number: A person can be served by fax ONLY by
   1. Transmission to a fax machine maintained by the person being served, and
   2. Only at the fax machine telephone number last given by that person on any document that the party has filed in the case and served on the party making service.
   3. Example: Dan Defendant served Pat Plaintiff his Answer to a Complaint by fax from his fax machine at telephone number (619) 123-4567. Pat MUST serve his documents to Dan at that same fax machine, at that telephone number.
2. When parties have agreed to be served by fax, the first named plaintiff or petitioner must:
   1. Maintain a current list of the parties, including their fax number for service, and 
   2. Provide a copy of the list at the request of the court or any other party to the case. (California Rules of Court 2.306(b)(1)).
3. Each party to the case must:
   1. Provide their current fax number for service of notice when it appears in an action, and
   2. If a party serves documents on a new party to the action, then the party must also serve the new party with a copy of the service list at the same time.
4. A court may serve any notice by fax in the same manner that parties can.

When Service is Complete

Transmission must be made prior to 5:00 P.M., or service is considered to be the next day. Service by fax is completed at the time of transmission.

Fax service extends any period of notice and any right or duty to do any act or make any response by two court days (California Code of Civil Procedure §1005(b)).  

Proof of Service by Fax

Proof of Service form POS-040 includes all of the requirements for Proof of Service by Fax laid out in the Code of Civil Procedure §1013(a) and the California Rules of Court §2.306(h). The form must include:

1. The date and sending fax machine telephone number;
2. The name and fax machine telephone number of the person served;
3. A statement that the document was sent by fax and that the transmission was complete and without error; and
4. A copy of the transmission report must be attached to the Proof of Service form or statement.

If the Proof of Service does not have all of the required information, it is ineffective.

IMPORTANT NOTE: Parties can only be served by electronic service by consent. (California Rules of Court 2.251)

What is Electronic Service

Electronic service means that the document is served on a party or parties by either electronic transmission, or by electronic notification.

Electronic transmission means sending the document to the electronic service address (e-mail address) where the other party has consented to electronic service.

Electronic notification means sending a message (e-mail) to the electronic service address where the other party has consented to electronic service that gives the name of the document and a hyperlink to the location where the document can be viewed and downloaded.

Electronic Documents & Signatures

Generally: A document that is filed electronically shall have the same legal effect as an original paper document.

Signed: When a document requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.

Signed Under Penalty of Perjury: The document will be considered signed IF EITHER:

1. A print version of the document was signed before, or on the same day as the electronic service, AND the original signed document is maintained by either the party or the party's attorney until the case is completely over (CCP 1010.6(b)(2)(B)(i)), and can make the document reviewable on the request of the court or any of the parties, OR
2. The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019 (CCP 1010.6(b)(2)(B)(ii)), Cal. Rule of Court 2.251

A party or person consents to electronic service by:

1. Serving notice on all parties or persons and filing notice with the court that they accept electronic service.
2. Using the court's Electronic Filing Service Provider (EFSP), and providing the electronic service provider with their e-mail address, and:  
   1. Agreeing to the Terms of Service, which clearly state that part of the terms of service include consent to electronic service, OR
   2. Filing Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV).

A party or other person that has:

1. Consented to electronic service under the above, OR
2. Has used an EFSP to serve and file documents in a case

Consents to service on that EFSP as their designated agent for service, until they designate a different agent for service.

If you have filed paperwork from an electronic service address, that address will be assumed as valid until a change of service address form has been filed and you serve notice that the address in no longer valid.

To Change Your Electronic Service Address

To change your electronic service address while the action or proceeding is pending, you must promptly file a Notice of Change of Address (MC-040) electronically with the court and must serve this notice electronically on all other parties and all other persons required to be served.

Even if you use an Electronic Filing Service Provider (EFSP) to electronically file and serve documents or to receive electronic service of documents on the party's or other person's behalf, you STILL have to file the Notice of Change of Address form (MC-040).

Integrity of Electronic Service

If you serve documents electronically, you MUST:

1. Make sure the documents can be viewed and downloaded using the hyperlink that has been provided,
2. Preserve the document without changes from the time the document is electronically posted to the time that the hyperlink is terminated, AND 
3. Preserve the hyperlink until either:
   1. The case is over because it has either:
      1. Settled, OR
      2. Ended and the time for appeals has ended.
   2. OR the party:
      1. Is no longer in the case,
      2. Has provided notice to the other parties that they are no longer in the case, and they have 60 days to download the documents, AND
      3. The 60 days has expired.

Completion of Service

If a party has consented to electronic service, the service is complete at the time of transmission.

If the document is transmitted:

• Between 12:00 A.M. and 11:59:59 P.M. on a court day, it is deemed to be served on that court day.
• On a non-court day, it is deemed to be served on the NEXT court day.

Time to Respond

Being served electronically adds two court days to any:

• Period of notice, 
• Right or duty to do any act, OR 
• Make any response.

BUT, electronic service does not extend the time for response for:

• Notice of intention for new trial,
• Notice of intention to move to vacate judgment under California Code of Civil Procedure §663a, OR
• Notice of appeal.