Did you make it to last week’s webinar on eFiling and eService in California? One Legal’s Lindsey Dean and Apryl Johnston discussed the eFiling process in-depth and covered how eService works in California.
We also looked at how these processes have shifted in the months since the pandemic and how courts’ responses and judicial orders that were issued have impacted filing and serving.
Today, we’ve gathered up the most frequently asked questions on this topic and answered them here.
Answers on eFiling
Want a refresher on eFiling in California? Check out our recorded training from earlier this year. Watch now>>
How do we get the list of courts that are mandatory eFiling?
You can find an updated list of mandatory eFiling courts and case types in our Support Center. Read the article>>
When you type /s/ do they still want a signature?
No, the “/s/ (name of signee)” serves as the signature on an eFiled document. Read the rule>>
Can we eFile documents conditionally under seal?
Yes, in most eFiling courts you can. You can read more about how to do this in our Support Center. Read the article>>
When selecting a document name what do we do if our document is NOT listed?
If your specific document type is not available, please select the closest document type. You may want to include a message to the clerk that your document type was not an option.
We connect directly to each court’s back end system and these are the document types that each superior court makes available to us.
In Los Angeles, do lodged documents get eFiled or delivered in physical form?
Lodged documents must be delivered in physical form, be sure to submit with a self-addressed stamped envelope.
Does the attorney also get notification of filing acceptance or rejection?
If, at the time of filing, the attorney is chosen to receive notifications (under the notifications and fees section), then yes, they will be notified via email once the filing is complete, or if it has been rejected.
Can you show again how to add an attorney to our account?
Yes, once you’re signed in, go to My Account > Firm Contacts > Add Contact and fill in your attorney’s information. Make sure that the attorney clicks on the link that is sent to their email to confirm their registration. Learn more>>
For exhibits such as contracts or invoices, when does a document need to be text searchable?
It is a best practice to make your document text searchable in its entirety. Some courts flag documents that are not text searchable at a technical level, and so won’t see those documents otherwise.
Read more about the importance of text searchability>>
How soon will a courtesy copy be delivered?
Courtesy copy orders submitted by 11 a.m. will be delivered on the following court day. You can also add urgent service to move it to the top of our list, and a member of our team will reach out to confirm the delivery date. Learn more>>
Does One Legal tab courtesy copies and attach the eFiling confirmation?
We will tab courtesy copies if you instruct us to do so in your special instructions. Yes, we attach the eFiling confirmation for all courtesy copies.
Answers on eService
As electronic court filing becomes more prevalent, so does electronic service. And the pandemic has only accelerated that aspect of the litigation process. For more on eService, please check out our Support Center, and read below for answers to some frequently asked questions. Read more>>
Will parties still have to accept eService once the Emergency Rule is over?
As of September 18, 2020, broader eService acceptance has now been incorporated in the state’s Code of Civil Procedure. Review the updates>>
“1010.6. (e) (1)A party represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. Before first serving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for counsel being served.”
eServing documents through the One Legal portal and eServing documents from your email are both deemed effective eService?
You can use an eService provider or you can email straight from your account. Both processes equal eService.
Does eService require a hyperlink or can the documents just be attached?
If you are eServing through your own email inbox, then you will likely just be sharing an attachment, which also does count as eService via electronic transmission. It’s only when using a third-party to host those documents that a hyperlink is likely to be provided (eService via electronic notification).
How can we get opposing counsel to serve the associate and/or support staff?
The Emergency Rule specifies that it is the responsibility of the person eServing to confirm the correct email address to serve. Reach out to the opposing counsel to remind them of this and confirm that they have the correct contact information.
Can we attach a proof of service to a document like we used to do with physical filings or must we file the proof of service separately?
Yes, you can attach a POS to a document and eFile it, as long as the POS doesn’t have its own caption page. If the POS has its own caption page it should be submitted separately as its own PDF. You can also file the POS separately.
When is eService considered effective?
eService is considered effective as soon as you have clicked send or submit, at that point you have done your due diligence.
Are /s/ signatures ok on proofs of service or declarations under penalty of perjury?
/s/ signatures are acceptable on all documents, it’s the manner in which originals are retained and available upon request that differs.
How does eService affect calendaring dates ?
(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 5 calendar days to respond, but with eService parties have an additional 2 court days (CCP 1010.6 B).
If you eFiled a motion and eServe parties, do you still need to eFile a proof of service?
Yes, you do. Because you are selecting who you are eServing you are still required to file your own proof of service.
Is the EFS-005-CV form available in Judicial Counsel forms?
Yes, you can find the form here>>
What POS is used for eService? When is one supposed to complete/sign the POS?
You can use POS-050 or you can use the language from this form and put it on a pleading. You can include your proof of service with the documents you are eFiling, or you can file it as its own separate transaction if you choose to.
For more on eFiling and eService in California, please browse our Support Center, the One Legal blog, and our downloadable resources for more information.