California Judicial Council Expands eFiling Mandate to include eService

The Judicial Council of California approved amendments to rules in which cases that are mandated for eFiling by the state’s Trial Courts will also be mandated for eService.  This rule went into effect Monday, July 1, 2013.

The Judicial Council has amended Rule 2.251c (Electronic Service) with the following:

“Except when personal service is otherwise required by statute or rule, a party that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties, unless:

• The court orders otherwise, or
• The action includes parties that are not required to file or serve documents electronically, including self-represented parties; those parties are to be served by non-electronic methods unless they affirmatively consent to electronic service.”

Rule 2.251e (Service by the parties) has been amended with the following:

“A party may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.”

…

Rule 2.251h (When service is complete) has been amended with the following:

“If an electronic filing service provider is used for service, the service is complete at the time that the electronic filing service provider electronically transmits the document or sends electronic notification of service.”

Once you have submitted your eFiling/eService order, you have affected service.

Individual courts will continued to be empowered to set the deadline for eFiling. As an example, the deadline to eFile in San Diego is 5 p.m. while the deadline to eFile in Orange County is midnight.

eFiling/eService Mandates Served by One Legal as of July 1, 2013:

Orange County:

• All Civil Cases except Family Law, Small Claims and Probate. Beginning September 3, 2013, Probate will be mandated for eFiling and eService.

San Diego: (Central Division)

• Consolidated Actions
• Class Actions
• Coordinated Actions
• Complex Actions
  • Antitrust/Trade Regulation
  • Mass Tort
  • Environmental/Toxic Tort
  • Securities Litigation

Contra Costa County

• Complex Actions