This is not legal advise. This is for informational purposes only. Who you serve documents on (the other party or his/her attorney) depends on which documents are being served, when the documents are being served in the case and if there is an agreement with the other party/attorney regarding service. Below is a general summary of who to serve documents on. There times that serving people and discussed below may not be the best way to get a party served (figuring that out crosses the line from general education into legal advise though). Summons and Complaint (or Summons and Petition) must be personally served on the other party in the case (not his/her attorney). Having said that, there are situations when personal service can be avoided such as if the party being served will sign a Notice and Acknowledgement of Receipt. Once the initial documents (Summons and Complaint, Summons and Petition) have been filed and before the Judgement is filed motions (Notice of Motion, Request for Order) are served on the other party if that party doesn't have an attorney and on the attorney for the other party if that party has an attorney. In DCSS land DCSS will serve the parties and their attorneys in these situation. After Judgement has been filed and when a motion is filed, that motion must be served on the other party (even if that party has an attorney). In private practice, it's common to serve the attorney of the other party as a courtesy but the party him/herself must be served too. Having said all this, when in doubt about who to serve (the party or the attorney), it rarely hurts to serve both and note that on the Proof of Service.
What are the forms called that each person has to fill to use for consent of electronic service? We are sending everything online because of one person living abroad
Yes you may. California Court Rule 2.251 Electronic Service (f) Service by the parties and other persons (1) Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.
Turn off your auto focus and use manual on your camera. You will have to focus your self or turn on auto again when your camera is shooting then flip auto off again.
Thank you. After many frustrating videos, I finally figured out how to do that in my software. (I use a web cam so the option isn't available directly on my camera.)
So I am not a party to the case and I am trying to serve someone who is homeless and I have tried to meet with the person who is purposely trying to avoid me . Through text I have proof that he states that he will not accept the documents. I have emailed to his email address that he provided to the court on 3 different days. Can I print the sent email proof and submit it with the proof of service form to the clerk?
@@MartyJames-ls3dt if this person does not consent to electronic service, then electronic service is not proper. The person doesn’t actually have to accept the documents when being personally served though. The documents don’t even have to touch the person. As long as you can meet up with the person and hand them the documents and let them know they’re being served that is good enough. The documents can fall on the ground for all you care. If personal service is not required, then you can mail the documents to the person at the address they last provided at the court. I frequently email documents when I am serving documents by mail and note on the proof of service that the documents were also emailed. I also note the email address that the documents were served at. Even though electronic service may not be proper the court knows that the person probably actually got their documents. If this person absolutely cannot be personally served then serviced by publication may be an option.
I sat on a jury duty case that was rape of a child and I just got a proof of service notice on my door, I have to appear in court. I do not know what this means or what to expect in court, do you have any advice or knowledge on what this is?
So if I'm filing a proof of service by mail I mail a proof of service to the court? And do I send a proof of service to the recipient/ plaintiff as well?
It's always a good idea to send a copy of the proof of service to the party you served the documents on. I usually send an unsigned but otherwise filled out proof of service along with the documents that I'm serving. When you file the hard copy proof of service with the Court, you file the original and two copies with the Court.
What do you mean by "get an Electronic court filing"? You don't do a proof of service when you receive a document. The party that serves you must complete the proof of service. If the document is served electronically, then the party who served the document fills out and files a proof of electronic service.
@@kpsmommy123 Thank you for the feedback. We don't have e-file in our county or our neighboring counties. (We are very rural and nowhere near Southern California.) Not speaking as a DCSS attorney here--I've had a few private family law cases in Southern California counties and each time I go to file a document, I have to go onto the Court's website for that particular county and find out if I can e-file the documents I need to file. So far, none of the documents I've needed to file have been e-fileable. :( The best advice is to check with the Court (either on the website or by calling) each time you need to e-file a document you are unsure about, to see if it's a document that you can e-file.
so if someone is avoiding getting personally severed shows up to court how can i motion the court for electronic services i want to know this for educational purposes please educate me
To get a court order (ask the Court for something) you can file a Request for Order (this applies to California family law cases). So, you can file a Request for Order and ask that you be allowed to electronically serve the other party. You can also ask for service by publication (which tends to be expensive but is an option) when someone is avoiding service.
Hi if i need to file a Proof of Service of Summons that was not done electronicly but the court is not taking civil matters right now. Is e-file acceptable? If not where can i go?
Hopefully by now you found your answer. :) This is a county specific question. Please call the courthouse in the county your case is in and ask. You may also as the Family Law Facilitator for your county. The local rules or some of the local orders made since the pandemic started may also have your answer.
Hopefully, you found your answer. We are going through unanswered comments and saw yours. E-filing is county specific. We don't do e-filing in our county so it's a process we are unfamiliar with. Please visit your local Family Law Facilitator for help.
Can I list multiple people to be served on the POS-050 Form?
Who do we serve documents to? Their attorney? Helpful video I am so confused.
This is not legal advise. This is for informational purposes only.
Who you serve documents on (the other party or his/her attorney) depends on which documents are being served, when the documents are being served in the case and if there is an agreement with the other party/attorney regarding service.
Below is a general summary of who to serve documents on. There times that serving people and discussed below may not be the best way to get a party served (figuring that out crosses the line from general education into legal advise though).
Summons and Complaint (or Summons and Petition) must be personally served on the other party in the case (not his/her attorney). Having said that, there are situations when personal service can be avoided such as if the party being served will sign a Notice and Acknowledgement of Receipt.
Once the initial documents (Summons and Complaint, Summons and Petition) have been filed and before the Judgement is filed motions (Notice of Motion, Request for Order) are served on the other party if that party doesn't have an attorney and on the attorney for the other party if that party has an attorney. In DCSS land DCSS will serve the parties and their attorneys in these situation.
After Judgement has been filed and when a motion is filed, that motion must be served on the other party (even if that party has an attorney). In private practice, it's common to serve the attorney of the other party as a courtesy but the party him/herself must be served too.
Having said all this, when in doubt about who to serve (the party or the attorney), it rarely hurts to serve both and note that on the Proof of Service.
What are the forms called that each person has to fill to use for consent of electronic service? We are sending everything online because of one person living abroad
Pos-050/EFS-050
Very Hopeful! What about the Consent to Electronic service and Notice of Electronic Service address? EFS-005-CV
Thank you. Can the server be from out of state since it's just via email?
The person serving the documents needs to be over 18 and not a party to the case. There is no mention that they must also be in California.
The court house self help center said I can email the documents myself? Even if I’m the respondent. Email to plaintiffs attorney.
Is this true or false?
I dont think you can , I had to have a process server to serve mines
Yes you may.
California Court Rule 2.251 Electronic Service
(f) Service by the parties and other persons
(1) Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.
@@cammilledee I just did one yesterday, it all depends on what document it is
Turn off your auto focus and use manual on your camera. You will have to focus your self or turn on auto again when your camera is shooting then flip auto off again.
Thank you. After many frustrating videos, I finally figured out how to do that in my software. (I use a web cam so the option isn't available directly on my camera.)
So I am not a party to the case and I am trying to serve someone who is homeless and I have tried to meet with the person who is purposely trying to avoid me . Through text I have proof that he states that he will not accept the documents. I have emailed to his email address that he provided to the court on 3 different days. Can I print the sent email proof and submit it with the proof of service form to the clerk?
@@MartyJames-ls3dt if this person does not consent to electronic service, then electronic service is not proper.
The person doesn’t actually have to accept the documents when being personally served though. The documents don’t even have to touch the person. As long as you can meet up with the person and hand them the documents and let them know they’re being served that is good enough. The documents can fall on the ground for all you care.
If personal service is not required, then you can mail the documents to the person at the address they last provided at the court. I frequently email documents when I am serving documents by mail and note on the proof of service that the documents were also emailed. I also note the email address that the documents were served at. Even though electronic service may not be proper the court knows that the person probably actually got their documents.
If this person absolutely cannot be personally served then serviced by publication may be an option.
What is the form my ex has to sign to agree for electric service?
The form is: EFS-005-CV aka Consent to Electronic Service and Notice of Electronic Service Address.
I sat on a jury duty case that was rape of a child and I just got a proof of service notice on my door, I have to appear in court. I do not know what this means or what to expect in court, do you have any advice or knowledge on what this is?
So if I'm filing a proof of service by mail I mail a proof of service to the court? And do I send a proof of service to the recipient/ plaintiff as well?
It's always a good idea to send a copy of the proof of service to the party you served the documents on. I usually send an unsigned but otherwise filled out proof of service along with the documents that I'm serving. When you file the hard copy proof of service with the Court, you file the original and two copies with the Court.
I am an advocate for a nonprofit Can I serve the defendant? I am in Riverside county California.
How do you do proof of service when you get a Electronic court filing?
What do you mean by "get an Electronic court filing"? You don't do a proof of service when you receive a document. The party that serves you must complete the proof of service. If the document is served electronically, then the party who served the document fills out and files a proof of electronic service.
Can the Proof of Electronic Service be e-filed? (LA County)
In case it helps anyone, I called the courthouse and they said yes
@@kpsmommy123 Thank you for the feedback.
We don't have e-file in our county or our neighboring counties. (We are very rural and nowhere near Southern California.)
Not speaking as a DCSS attorney here--I've had a few private family law cases in Southern California counties and each time I go to file a document, I have to go onto the Court's website for that particular county and find out if I can e-file the documents I need to file. So far, none of the documents I've needed to file have been e-fileable. :(
The best advice is to check with the Court (either on the website or by calling) each time you need to e-file a document you are unsure about, to see if it's a document that you can e-file.
so if someone is avoiding getting personally severed shows up to court how can i motion the court for electronic services i want to know this for educational purposes please educate me
To get a court order (ask the Court for something) you can file a Request for Order (this applies to California family law cases). So, you can file a Request for Order and ask that you be allowed to electronically serve the other party. You can also ask for service by publication (which tends to be expensive but is an option) when someone is avoiding service.
When filing a proof of response through mail to the court do I send to all parties involved?
We are not sure what a proof of response is. However, any document you send to the Court, you must also send to each party in the case.
Stupid court rules. Nice Video
Hi if i need to file a Proof of Service of Summons that was not done electronicly but the court is not taking civil matters right now. Is e-file acceptable? If not where can i go?
Hopefully by now you found your answer. :) This is a county specific question. Please call the courthouse in the county your case is in and ask. You may also as the Family Law Facilitator for your county. The local rules or some of the local orders made since the pandemic started may also have your answer.
Hi how can I e-file request to reschedule a hearing
Hopefully, you found your answer. We are going through unanswered comments and saw yours.
E-filing is county specific. We don't do e-filing in our county so it's a process we are unfamiliar with. Please visit your local Family Law Facilitator for help.
Ouch 11 months to get that answer. :/