Service Notice By Email In California
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The Notice can be served only by (1) a person over the age of 18 who is competent to be a witness and is not a party to the action, or (2) the sheriff or a deputy of the county in which the court is located. Instead of personal service, the Notice can be sent to the defendant by registered or certified mail.
When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.
A paper may be served by any other electronic means that the person consented to in writing. Service is complete upon transmission but is not effective if the serving party learns that it did not reach the person to be served. Rio Props., Inc. v.
Individuals and businesses may use emails to send legally binding documents. Sending contracts via email is a common practice and generally held to be legal, provided the documents thus conveyed contain the essential elements of a contract.
(2) Proof of electronic service may be in electronic form and may be filed electronically with the court. (3) Under rule 3.1300(c), proof of service of the moving papers must be filed at least five court days before the hearing.
When being served by mail, parties have an additional five calendar days to respond, but with eService parties have an additional two court days (CCP 1010.6 B).
While the change means a party can serve a summons and a complaint by email, text message, or social media, these methods “are not exclusive.” A trial court may order a different method of service as long as it is consistent with due process.