E-Filing Is Not E-Service: Electronic Service in California

Filing and Serving Are Two Separate Steps

The Rules of Court put e-service on the parties. Anyone who has consented to or is required to serve electronically is responsible for serving all the other parties and persons who must be served, and can do it directly, through an agent, or through an electronic filing service provider (Cal. Rules of Court, rule 2.251(f)(1)). The provider acts for the filer, not as the court’s agent (rule 2.250(b)(8)).

So if you file through a provider and choose service in the same order, the provider serves for you. If you file without choosing service, nobody has been served, even though the court has the document and its service list has everyone’s address. The court’s electronic service list (rule 2.251(e)) is just that, a list.

Courts do serve their own documents electronically. Since July 1, 2025, a court that issues a document serves it electronically on people subject to mandatory e-service and those who have consented (CCP § 1010.6(d)). That covers minute orders and notices from the court, not your motion.

Who Has to Accept Electronic Service

• Parties with attorneys. A person represented by counsel who has appeared in the case has to accept electronic service of any document that may be served by mail, express mail, overnight delivery, or fax (CCP § 1010.6(b)(2)). That’s been mandatory since 2020. Before the first e-service on a represented person, confirm the right e-service address for their counsel (§ 1010.6(b)(3)).
• Self-represented parties. E-service on an unrepresented party requires that party’s express consent: a notice served on all parties and filed with the court, or consent given electronically with the court or its filing provider along with an e-service address (§ 1010.6(c)). The statute says outright that “the act of electronic filing shall not be construed as express consent.” Form EFS-005-CV gives consent and EFS-006 withdraws it.
• Nonparties. No e-service unless the nonparty consents or a statute or court order provides for it (rule 2.251(f)(2)).

In a case with both, serve the self-represented party by mail or another non-electronic method unless they’ve consented (rule 2.251(c)(3)(B)). The old version of this article said e-service goes to an address the other side authorizes. For represented parties that’s no longer the test.

What Can’t Be Served Electronically

E-service is available only for documents that may be served by mail, express mail, overnight delivery, or fax (rule 2.251(a)). Anything the law requires to be served personally is outside it: the summons and complaint, and a subpoena to a nonparty witness, for example. A document that has to be served by certified or registered mail can’t be served electronically either (CCP § 1010.6(a)(2)).

Serving a summons by email is a different thing entirely. It takes a court order under CCP § 413.30; see Defendant Avoiding Service?

When E-Service Is Complete

• Complete on sending. Electronic service is complete when the document is transmitted, or when the electronic notification of service is sent (CCP § 1010.6(a)(3)(A)). When a filing provider serves, it’s complete when the provider transmits the document or sends the notification (rule 2.251(i)(2)).
• The midnight rule. A document served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day is served that day; one served on a noncourt day is deemed served the next court day (§ 1010.6(a)(4)). There is no 5:00 p.m. deadline for e-service any more. Fax service still has one (rule 2.306(g)).
• Two extra court days. Any notice period, and any time to act or respond after service, is extended by two court days when the document was served electronically (§ 1010.6(a)(3)(B)). The extension doesn’t apply to a notice of intention to move for a new trial, a notice of intention to move to vacate the judgment under CCP § 663a, or a notice of appeal.

For motions, that means 16 court days’ notice under CCP § 1005(b) plus two court days for e-served moving papers. Count court days, not calendar days, for the extension.

Proof of Electronic Service

A proof of electronic service has to show the server’s e-service address and residence or business address, the date of service, the name and e-service address of each person served, and a statement that the document was served electronically (CCP § 1013b; rule 2.251(j)). Judicial Council form POS-050/EFS-050 is built for it. Form POS-040 covers mail and other methods; it isn’t meant for e-service.

For a motion, the proof of electronic service of the moving papers has to be filed at least five court days before the hearing (rule 2.251(j)(2); rule 3.1300(c)). Keep the provider’s service confirmation with the file in case a party says it never arrived.

Keeping Addresses Current

When an e-service address changes, the party has to promptly file a notice of the change electronically and serve it electronically on everyone else, and using a filing provider doesn’t relieve them of that duty (rule 2.251(g)(1), (2)). Until then, an address a party e-files from is presumed valid (rule 2.251(g)(3)).

If you serve by electronic notification, meaning an email with a link instead of the document itself, the link has to keep working until the case is over and the time for appeal has run (rule 2.251(h)). And check the service list after every substitution of attorney.

And Service by Fax?

Fax service still exists, but only when the parties have agreed to it and confirmed that agreement in writing (CCP § 1013(e)). It’s complete on transmission, extends response times by two court days, and a fax completed after 5:00 p.m. counts as served the next court day (rule 2.306(g)). The proof needs the date and the sending fax number, with the transmission report attached (rule 2.306(h)). With mandatory e-service, most firms rarely use it.

E-Service Checklist

• Each person you’re serving is either represented and has appeared, or is self-represented and has consented. Everyone else gets non-electronic service.
• You confirmed counsel’s e-service address before the first e-service.
• You chose service in your filing order, or served the document separately. Filing alone doesn’t serve.
• Your calendar adds two court days to response times, except for new trial, § 663a, and appeal notices.
• A proof of electronic service (POS-050/EFS-050) is ready to file, at least five court days before the hearing for moving papers.
• The service list reflects every substitution of attorney, consent withdrawal, and address change.

When we e-file for you, we can e-serve the same documents on the parties you choose, at $2 per party served for law firms and legal departments. See our California e-filing page.

About This Article

Sources

• Code of Civil Procedure section 1010.6
• Code of Civil Procedure section 1013
• Code of Civil Procedure section 1013b
• Code of Civil Procedure section 1005
• California Rules of Court, rule 2.250
• California Rules of Court, rule 2.251
• California Rules of Court, rule 2.306
• California Rules of Court, rule 3.1300
• Judicial Council form POS-050/EFS-050, Proof of Electronic Service
• Judicial Council form EFS-005-CV, Consent to Electronic Service and Notice of Electronic Service Address
• Judicial Council form EFS-006, Withdrawal of Consent to Electronic Service

Keep Reading

• Courtesy Copies After E-Filing: Which California Courts Still Want Paper2026 · Court Filing and Electronic Service
• E-Filing Rejected Near a Deadline? What to Check Next2026 · Court Filing and Electronic Service
• California Allows Service of Documents by FaxUpdated 2026 · Court Filing and Electronic Service

See all 32 articles on the Direct Legal blog

How We Can Help

• California e-filingStatewide electronic filing for civil, family law, probate, and more.
• Court filingIn-person filing at superior, appellate, federal, and bankruptcy courts throughout California.
• Courtesy copy deliveryJudge's copies printed, assembled, and delivered to the department.