serving of documents electronically

Question

What specific ccp and rule of court define, when serving of documents electronically can be performed by a party to the case, not by other persons?

David W Gammill · Answer

CCP § 1010.6 and California Rules of Court, Rule 2.251. 
 
1. CCP § 1010.6**: This statute allows for electronic service of documents in an action filed with the court, in accordance with rules adopted pursuant to subdivision (h) (West's Ann.Cal.C.C.P. § 1010.6). 
 
2. California Rules of Court, Rule 2.251**: This rule provides detailed provisions for electronic service. It states that electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party's or other person's attorney, through an electronic filing service provider, or by a court (Cal.Rules of Court, Rule 2.250) . Specifically, Rule 2.251(f)(1) clarifies that parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. This service can be performed directly by a party or other person, by an agent, or through a designated electronic filing service provider (Cal.Rules of Court, Rule 2.251).

James L. Arrasmith · Answer

Here's what you need to know about electronic service by parties in California: 
 
California Code of Civil Procedure (CCP) Section 1010.6 and California Rules of Court (CRC) Rule 2.251 govern electronic service in civil cases. These rules specifically allow parties to serve documents electronically when proper consent has been obtained from the receiving party. 
 
However, there's an important distinction in CRC Rule 2.251(e)(1) - while a party to the action may electronically serve documents, they cannot serve the initial summons and complaint, subpoena, or other documents that must be personally served. These documents require service by non-parties as outlined in CCP Section 414.10. 
 
The rules also require that any party who serves documents electronically must maintain records showing the electronic service was completed, including the exact date and time of service. You'll need to format your proof of service according to CRC Rule 2.251(i) to properly document the electronic service.

Q: serving of documents electronically