California Code of Civil Procedure Section 1013b

CA Civ Pro Code § 1013b (2017)  

(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 he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.

(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 he or she 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 (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business’ practice for filing electronically, and (E) that the document would be electronically filed 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 he or she is 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 (b) of Section 1010.6.

(d) Proof of electronic service may be in electronic form and may be filed electronically with the court.

(Added by Stats. 2017, Ch. 319, Sec. 4. (AB 976) Effective January 1, 2018.)

Last modified: October 25, 2018