Understanding eService vs. Process Service: A Critical Distinction

When you use One Legal's eService feature, you are the one effecting service—not One Legal. This is fundamentally different from hiring a process server.

Process Service (Traditional Service by Server)

When you hire One Legal (or any process server) to physically serve documents:

• The process server effects the service (delivers the documents)
• The process server creates and signs the Proof of Service
• You receive a completed Proof of Service from the server
• Think of it like: You hire FedEx to deliver a package; FedEx provides proof of delivery

Electronic Service (eService)

When you use One Legal's eService technology to serve documents electronically:

• You effect the service (you send the documents electronically)
• You create and sign the Proof of Service
• One Legal provides the technology platform (like Outlook provides email)
• Think of it like: You send an email through Outlook; you wouldn't expect Microsoft to create proof that you sent it

The Key Principle: Whoever effects service must create the proof of service.

Why You Must Create Your Own Proof of eService

When you eServe through One Legal:

1. You control when service occurs - You click "send" and choose the timing
2. You select the recipients - You determine who gets served
3. You're the declarant - You're the one who can truthfully declare "I served these documents"
4. You have the firsthand knowledge - Only you know exactly what you sent, when, and to whom

One Legal provides the delivery mechanism (the technology), but we cannot legally declare that you served documents because we didn't perform that action: you did.

Step 1: Create Your Proof of eService

Option 1: Use Judicial Council Form (California)

California provides an official form for electronic service:

Proof of Electronic Service (Form POS-050)

• Available at: https://www.courts.ca.gov/documents/pos050.pdf
• Fill out all required fields
• Include all information required by Cal. Rules of Court, rule 2.251

Option 2: Create Proof of Service on Pleading

You may also create a Proof of Service on your pleading paper (28-line numbered paper). California does not mandate specific language, but your Proof of eService must include:

Required Information (Cal. Rules of Court, rule 2.251(f)(1)):

1. Your electronic service address (your email address), in addition to your physical address
2. Date and time of electronic service (when you clicked "send" or when the eService was transmitted)
3. Name and electronic service address of each person served (their names and email addresses)
4. Statement that service was electronic (e.g., "I served the foregoing document(s) by electronic transmission")
5. List of documents served
6. Your signature under penalty of perjury

Sample Proof of Electronic Service Language

Step 2: Sign Your Proof of Service

Important: You must sign the Proof of Service, typically under penalty of perjury.

• Paper filing: Sign with wet ink signature
• Electronic filing: Follow electronic signature rules under Cal. Rules of Court, rule 2.257
  • May include "/s/ [Your Name]" on signature line
  • Must maintain original signed copy for inspection if requested

Step 3: File Your Proof of eService

After creating and signing your Proof of eService:

1. Electronically file the Proof of Service with the court
2. Timing: For moving papers, file proof of service at least 5 court days before the hearing (Cal. Rules of Court, rule 3.1300(c))
3. Format: Proof may be filed electronically (Cal. Rules of Court, rule 2.251(f)(2))
4. Retention: Keep the original signed proof available for inspection by the court or parties (Cal. Rules of Court, rule 2.251(f)(4))

Common Questions

"Why doesn't One Legal create the Proof of Service for eService like you do for process service?"

Because we're performing different roles:

• Process Service: We are the server → We create the proof
• eService: You are the server → You create the proof

We provide the technology platform, but you're the one actually effecting service.

"What information from One Legal's eService can I use in my Proof?"

One Legal's eService confirmation provides helpful information you can reference when creating your Proof:

• Date and time of transmission
• Email addresses where documents were sent
• List of documents served

However, you must still create and sign the Proof yourself as the person who effected service.

"Is there a template I can use?"

Yes! California Judicial Council form POS-050 (Proof of Electronic Service) is designed specifically for this purpose and is available at www.courts.ca.gov/forms.

"Can I eServe the Proof of Service itself?"

Yes, you may serve the Proof of Service electronically on other parties (assuming they've consented to eService). However, you must still file the Proof of Service with the court.

California Legal Authority

Cal. Rules of Court, rule 2.251(f) - Proof of electronic 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) Under rule 3.1300(c), proof of service of the moving papers must be filed at least five court days before the hearing.

(4) 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 2.257(a).

Full rule text: Cal. Rules of Court, rule 2.251

This article is specific to California eService requirements. Always consult your local rules and the California Rules of Court for complete requirements.