Rule 8.78 - Electronic service(a) Authorization for electronic service; exceptions(1) A document may be electronically served under these rules: (A) If electronic service is provided for by law or court order; or(B) If the recipient agrees to accept electronic services as provided by these rules and the document is otherwise authorized to be served by mail, express mail, overnight delivery, or fax transmission.(2) A party indicates that the party agrees to accept electronic service by: (A) Serving a notice on all parties that the party accepts electronic service and filing the notice with the court. The notice must include the electronic service address at which the party agrees to accept service; or(B) Registering with the court's electronic filing service provider and providing the party's electronic service address. Registration with the court's electronic filing service provider is deemed to show that the party agrees to accept service at the electronic service address that the party has provided, unless the party serves a notice on all parties and files the notice with the court that the party does not accept electronic service and chooses instead to be served paper copies at an address specified in the notice.(3) A document may be electronically served on a nonparty if the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order. All provisions of this rule that apply or relate to a party also apply to any nonparty who has agreed to or is otherwise required by law or court order to accept electronic service or to electronically serve documents. (Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2011, January 1, 2016, January 1, 2017, and January 1, 2020.)
(b)Maintenance of electronic service listsWhen the court orders or permits electronic service in a case, it must maintain and make available electronically to the parties an electronic service list that contains the parties' current electronic service addresses as provided by the parties that have been ordered to or have consented to electronic service in the case.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2011.)
(c)Service by the partiesNotwithstanding (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) amended effective January 1, 2016; previously amended effective January 1, 2011.)
(d)Change of electronic service address(1) A party whose electronic service address changes while the appeal or original 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). (Subd (d) amended effective January 1, 2017; previously amended effective January 1, 2011.)
(e)Reliability and integrity of documents served by electronic notificationA party that serves a document by means of electronic notification must:
(1) Ensure that the documents served can be viewed and downloaded using the hyperlink provided;(2) Preserve the document served without any change, alteration, or modification from the time the document is posted until the time the hyperlink is terminated; and(3) Maintain the hyperlink until the case is final. (Subd (e) adopted effective January 1, 2011.)(f)Proof of service(1) Proof of electronic service may be by any of the methods provided in Code of Civil Procedure section 1013a, with the following exceptions:(A) The proof of electronic service does not need to state that the person making the service is not a party to the case.(B) The proof of electronic service must state:(i) The electronic service address of the person making the service, in addition to that person's residence or business address;(ii) The date of the electronic service, instead of the date and place of deposit in the mail;(iii) The name and electronic service address of the person served, in place of that person's name and address as shown on the envelope; and(iv) 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) 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 8.75. (Subd (f) amended effective January 1, 2017; previously amended effective January 1, 2011.)
(g)Electronic delivery by court and electronic service on court(1) The court may deliver any notice, order, opinion, or other document issued by the court by electronic means.(2) A document may be electronically served on a court if the court consents to electronic service or electronic service is otherwise provided for by law or court order. A court indicates that it agrees to accept electronic service by: (A) Serving a notice on all parties that the court accepts electronic service. The notice must include the electronic service address at which the court agrees to accept service; or(B) Adopting a local rule stating that the court accepts electronic service. The rule must indicate where to obtain the electronic service address at which the court agrees to accept service. (Subd (g) amended effective January 1, 2021; previously amended effective January 1, 2016.)
Rule 8.78 amended effective 1/1/2021; Rule 8.78 amended effective 1/1/2020; amended and renumbered effective 1/1/2017; adopted as rule 8.80 effective 7/1/2010; previously amended and renumbered as rule 8.71 effective 1/1/2011; previously amended effective 1/1/2016.Advisory Committee Comment
Subdivision (b). A fee charged by an electronic filing service provider under rule 8.73(b) is not a court fee that can be waived under Government Code section 68634.5 and rule 8.26.
Advisory Committee Comment
In the Supreme Court and the Courts of Appeal, registration with the court's electronic filing service provider is deemed to show agreement to accept service electronically at the email address provided, unless a party affirmatively opts out of electronic service under rule 8.78(a)(2)(B). This procedure differs from the procedure for electronic service in the superior courts, including their appellate divisions. See rules 2.250-2.261.