Rule 2.260. Electronic service
(a) Consent to electronic service
(1)
When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of the notice is permitted when authorized by these rules.
(2)A party indicates that the party agrees to accept electronic service by:
(A)Filing and serving a notice that the party accepts electronic service. The notice must include the electronic notification address at which the party agrees to accept service; or
(B)Electronically filing any document with the court. The act of electronic filing is evidence that the party agrees to accept service at the electronic notification address the party has furnished to the court under rule 2.256(a)(4).
(3)A party that has consented to electronic service under (2) and has used an electronic filing service provider to file and serve documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party in the case, until such time as the party designates a different agent for service.
(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)
(b) Maintenance of electronic service lists
A court that permits electronic filing in a case must maintain and make available electronically to the parties an electronic service list that contains the parties' current electronic notification addresses, as provided by the parties that have filed electronically in the case.
(Subd (b) amended effective January 1, 2010; adopted effective January 1, 2008.)
(c) Service by the parties
Notwithstanding (b), parties are responsible for electronic service on all other parties in the case. A party may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.
(Subd (c) adopted effective January 1, 2008.)
(d) Change of electronic notification address
(1)A party whose electronic notification address changes while the action or proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties.
(2)A party's election to contract with an electronic filing service provider to electronically file and serve documents or to receive electronic service of documents on the party's behalf does not relieve the party of its duties under (1).
(3)An electronic notification address is presumed valid for a party if the party files electronic documents with the court from that address and has not filed and served notice that the address is no longer valid.
(Subd (d) adopted effective January 1, 2008.)
(e) When service is complete
(1)Electronic service is complete at the time of transmission.
(2)If a document is served electronically, any period of notice, or any right or duty to act or respond within a specified period or on a date certain after service of the document, is extended by two court days.
(3)The extension under (2) does not extend the time for filing:
(A)A notice of intent to move for a new trial;
(B)A notice of intent to move to vacate the judgment under Code of Civil Procedure section 663a; or
(C)A notice of appeal.
(4)Service that occurs after the close of business is deemed to have occurred on the next court day.
(Subd (e) relettered effective January 1, 2008; adopted as subd (b) effective January 1, 2003; previously amended effective January 1, 2007.)
(f) Proof of service
(1)Proof of electronic service may be by any of the methods provided in Code of Civil Procedure section 1013a, except that the proof of service must state:
(A)The electronic notification address of the person making the service, in addition to that person's residence or business address;
(B)The date and time of the electronic service, instead of the date and place of deposit in the mail;
(C)The name and electronic notification address of the person served, in place of that person's name and address as shown on the envelope; and
(D)That the document was served electronically, in place of the statement that the envelope was sealed and deposited in the mail with postage fully prepaid.
(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 calendar days before the hearing.
(4)The party filing the proof of electronic service must maintain the printed form of the document bearing the declarant's original signature and must make the document available for inspection and copying on the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in rule 2.257(a).
(Subd (f) amended effective January 1, 2010; adopted as subd (c) effective January 1, 2003; previously amended effective January 1, 2007, January 1, 2009, and July 1, 2009; previously relettered effective January 1, 2008.)
(g) Electronic service by court
The court may electronically serve any notice, order, judgment, or other document issued by the court in the same manner that parties may serve documents by electronic service.
(Subd (g) relettered effective January 1, 2008; adopted as subd (e) effective January 1, 2003; previously amended effective January 1, 2007.)
Rule 2.260 amended effective January 1, 2010; adopted as rule 2060 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2009, and July 1, 2009.
