California Code of Civil Procedure 1013b – (a) Proof of electronic service may be made by any of the …
(a) Proof of electronic service may be made by any of the following methods:
(1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that the person is a resident of or employed in the county where the electronic service occurs, and that the person is over 18 years of age.
Terms Used In California Code of Civil Procedure 1013b
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County: includes "city and county. See California Code of Civil Procedure 17
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that the person is an active member of the State Bar of California.
(3) An affidavit setting forth the exact title of the document served and filed in the cause, showing all of the following:
(A) The name and residence or business address of the person making the service.
(B) That the person is a resident of, or employed in, the county where the electronic service occurs.
(C) That the person is over 18 years of age.
(D) That the person is readily familiar with the business’ practice for filing electronically.
(E) That the document would be electronically served that same day in the ordinary course of business following ordinary business practices.
(4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which they are the clerk.
(b) Proof of electronic service shall include all of the following:
(1) The electronic service address and the residence or business address of the person making the electronic service.
(2) The date of electronic service.
(3) The name and electronic service address of the person served.
(4) A statement that the document was served electronically.
(c) Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6.
(d) Proof of electronic service may be in electronic form and may be filed electronically with the court.
(Amended by Stats. 2022, Ch. 215, Sec. 2. (AB 2961) Effective January 1, 2023.)