Court Filing · Updated October 2026

California Allows Service of Documents by Fax

Fax service is still on the books in California, and it still works only when the parties have agreed to it in writing and the proof is done exactly right.

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Court Filing

First published 2013 · Updated October 2026

Through a lawsuit, each party has to serve the others with the papers it files: motions, discovery, notices. Mail is the default, and electronic service has taken over most law firm traffic, but the Code of Civil Procedure and the Rules of Court also allow service by fax. The conditions are strict, and a fax service that misses one of them is no service at all. This article, first published in 2013, has been updated for the current statute and rule 2.306, last amended January 1, 2017.

The condition

The Parties Have to Agree in Writing

CCP § 1013(e) allows service by fax only where the parties agree and a written confirmation of that agreement is made. Without the agreement, a faxed motion hasn’t been served, however clearly it arrived. The agreement can be as simple as an exchange of letters or emails confirming that each side will accept fax service in the case, and it belongs in the file.

The document has to go to the fax number the recipient last gave on a document filed in the case and served on the party making the service (rule 2.306(a)). Numbers change, and a fax to a number from an old caption page is a fax to nowhere.

Rule 2.306

The Fax Service List and the Machine

The list. When the parties agree to fax service, the first-named plaintiff or petitioner has to keep a current list of the parties and their fax numbers and provide it on request. Each party gives its number to that plaintiff when it first appears, and a party serving someone who hasn’t appeared serves the list along with the papers (rule 2.306(b)).
The machine. A party or attorney who agrees to fax service has to keep the fax machine available to receive documents from 9 a.m. to 5 p.m. on days that aren’t court holidays, apart from routine repair and maintenance (rule 2.306(f)).
The court. The court may serve its own notices by fax the same way the parties do (rule 2.306(c)).

The clock

When Fax Service Is Complete, and What It Adds to the Deadline

Service by fax is complete when the entire document has been transmitted to the receiving party’s fax machine. A transmission completed after 5 p.m. is treated as served on the next court day (rule 2.306(g)).

Fax service extends the other side’s time to respond by two court days, the same extension as overnight delivery and electronic service (CCP § 1013(e)). The extension doesn’t apply to the deadlines for a notice of intent to move for a new trial, a notice of intent to move to vacate a judgment under CCP § 663, or a notice of appeal (rule 2.306(e)). Count those from the service date itself.

Rule 2.306(h)

What the Proof of Service Has to Show

The proof of service can be made the same ways as a proof of service by mail under CCP § 1013(a), with these changes (rule 2.306(h)):

the date and the sending fax number take the place of the mailing date and place
the name and fax number of the person served take the place of the mailing address
a statement that the document was sent by fax and that the transmission was reported as complete and without error
a copy of the transmission report attached, with a declaration that the report was properly issued by the sending fax machine

The rule says fax service is ineffective if the transmission doesn’t fully conform to it, so substantial compliance is a risky argument. Judicial Council form POS-040, Proof of Service (Civil), has the fax boxes built in; use the current revision.

In practice

Where Fax Service Fits Today

Most papers between law firms now move by electronic service. A party represented by an attorney has to accept electronic service of papers that could be served by mail, overnight delivery, or fax, and courts that require e-filing generally require e-service too (CCP § 1010.6; Cal. Rules of Court, rule 2.251). Electronic service carries the same two-court-day extension and has its own proof requirements, covered in E-Filing Is Not E-Service.

Fax service still turns up with self-represented parties, in cases that started before a firm moved to e-service, and in offices that never updated their agreements. Where it does, the 1013(e) agreement and the rule 2.306(h) proof are the two things to check.

Two reminders. The summons and complaint can never be served by fax; service of process has its own methods (CCP §§ 415.10 to 415.50). And a subpoena to a nonparty is served by personal delivery, not by fax or mail.

Direct Legal

Filing and Serving Papers Through Direct Legal

Direct Legal files documents at every California courthouse and e-files where the court allows it, and we can serve the filed papers on the other parties by mail, in person, or electronically through your account. For papers that have to be delivered personally, our registered process servers handle it. See court filing services and e-filing.

Please note

About This Article

This article is general information about California law and court procedure as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Direct Legal Support is a registered process serving and litigation support company, not a law firm. Statutes, court rules, and forms change, so check the current versions and your court’s local rules, and talk with an attorney about your specific matter.