Rule 8.71. Electronic service
(a) Consent to electronic service
(1)When a document may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of the document is permitted when authorized by these rules.
(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)Electronically filing any document with the court. The act of electronic filing is evidence that the party agrees to accept service at the electronic service address that the party has furnished to the court under rule 8.76(a)(4).
(3)A party that has consented to electronic service under (2) and has used an electronic filing service provider to serve and file 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, 2011.)
(b) Maintenance of electronic service lists
When the court orders or permits electronic filing 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 filed electronically in the case.
(Subd (b) amended effective January 1, 2011.)
(c) Service by the parties
(1)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.
(2)A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.
(Subd (c) 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).
(3)An electronic service 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) amended effective January 1, 2011.)
(e) Reliability and integrity of documents served by electronic notification
A 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, except that the proof of service must state:
(A)The electronic service 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 service 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)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 8.77(c).
(Subd (f) amended effective January 1, 2011.)
(g) Electronic service by court
The court may electronically serve any notice, order, opinion, or other document issued by the court in the same manner that parties may serve documents by electronic service.
Rule 8.71 amended and renumbered effective January 1, 2011; adopted as rule 8.80 effective July 1, 2010.