CCP Section 1010.6: Consent, Completion, and Proof of Service

California Code of Civil Procedure Section 1010.6 makes electronic service of litigation documents mandatory for any party represented by counsel who has appeared in a civil case, and it adds two court days to most deadlines triggered by that service. If an attorney has filed an appearance for you, CCP 1010.6 applies automatically. You didn’t opt in and you can’t opt out.

Who Must Accept Electronic Service

Under subdivision (b)(2), any person represented by counsel who has appeared in an action must accept electronic service of documents that could otherwise be served by mail, express mail, overnight delivery, or fax.¹ The requirement attaches the moment your lawyer appears. No separate consent is needed.

Beyond that automatic rule, a court can order electronic service on any represented party under subdivision (b)(1). Many California superior courts have also adopted local rules under California Rules of Court Rule 2.253 that make electronic filing and service mandatory for whole categories of civil cases, including unlimited civil matters, complex litigation, and class actions.² Check your court’s local rules at the start of a case; the mandate may cover your case type even if no one brings it up.

If You’re Self-Represented

Self-represented parties are treated differently. Subdivisions (f)(2) and (g)(4) exempt unrepresented persons from any mandatory electronic filing requirement.¹ In a case with both represented and self-represented parties, the attorneys may be required to e-file and e-serve while the self-represented party continues on paper.²

A self-represented litigant can voluntarily opt in under subdivision (c), but the statute draws a sharp line: e-filing a document does not count as consenting to receive electronic service. Consent has to be express. And a self-represented party who later changes their mind can withdraw consent at any time by filing the appropriate Judicial Council form.¹

How Consent Is Given

For anyone who isn’t automatically required to accept electronic service, California Rules of Court Rule 2.251 spells out two ways to give express consent:

Serving a notice on all parties and filing it with the court, stating that you accept electronic service and providing your electronic service address.
Agreeing to the terms of service with an electronic filing service provider (if those terms clearly state that agreement constitutes consent to electronic service), or filing Judicial Council form EFS-005-CV.

Courts cannot infer consent from behavior.³ Only the person entitled to service can give or withdraw consent, so an attorney cannot consent on a party’s behalf without proper authorization.

Which Documents Are Covered

Electronic service applies to any document that could otherwise be served by mail, express mail, overnight delivery, or fax. That covers most of what moves through a civil case: pleadings, motions, discovery requests and responses, notices, and briefs.

Two categories fall outside the statute:

Documents that another statute requires to be served by certified or registered mail. Subdivision (a)(2) explicitly withholds authorization for electronic service in that situation.¹
Documents requiring personal service, including initial complaints, summonses, and subpoenas. These still have to be physically delivered.

Electronic service replaces mail-type service, not hand delivery. If another provision of law demands physical receipt before a clock starts running, e-service won’t satisfy it.

When Service Is Complete

Electronic service is deemed complete at the moment of electronic transmission or when the electronic notification is sent.¹ The recipient doesn’t have to open it, read it, or confirm receipt.

Timing matters when documents go out late at night or on weekends. A document served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day is deemed served that day. Anything served on a non-court day — a weekend or holiday — is deemed served the next court day. A motion served at 10 p.m. on a Friday that is a court day counts as Friday service. The same motion sent any time on Saturday rolls to Monday.

The Two-Court-Day Extension

This is the provision that trips people up most often. When a document is served electronically, any deadline triggered by that service is extended by two court days.¹ A motion requiring 16 court days’ notice needs 18 court days when served electronically. Miscount and the motion can come off calendar.

The extension does not apply to three specific filings:

A notice of intention to move for new trial.
A notice of intention to move to vacate judgment under Section 663a.
A notice of appeal.

Those deadlines are jurisdictional. The court loses power to act if they’re missed, and the legislature chose not to add any electronic-service cushion. Count those days without the two-day buffer.

Proof of Service

Every electronically served document needs a proof of service filed with the court. Rule 2.251(j) requires that proof be made as provided in Code of Civil Procedure Section 1013b.³ For motions, proof of electronic service of the moving papers must be filed at least five court days before the hearing.

The proof should include the method of service, the date and time of transmission, the electronic service address used, and confirmation that the transmission went through. Most electronic filing service providers generate this automatically, which cuts down on errors. Review the generated proof before filing it anyway, and confirm it lists the right parties, addresses, and documents.

Mistakes That Cost Deadlines

Three errors come up repeatedly under Section 1010.6.

The first is forgetting the two-court-day extension and calculating a deadline as if the document had been mailed. The extensions are different, and the math has to match the method of service actually used.

The second is serving documents electronically when a statute requires certified or registered mail. Electronic service in that situation can void the service entirely, which may mean redoing it and losing the time already spent.

The third is failing to update an electronic service address. If you change firms, switch email providers, or let a mailbox fill up without telling the court and the other parties, documents served to the old address can still count as validly served. Rule 2.256 requires immediate notification of any change, and courts have little patience for parties who miss deadlines because their contact information went stale.²

One more trap applies specifically to self-represented litigants. Filing a document electronically does not consent to receive electronic service. Under Section 1010.6(c)(3), that consent is a separate step, and withdrawal is also a separate step accomplished through the Judicial Council form.¹

1
California Legislative Information. California Code of Civil Procedure CCP 1010.6
2
Judicial Branch of California. California Rules of Court Rule 2.253 – Permissive Electronic Filing, Mandatory Electronic Filing
3
Judicial Branch of California. California Rules of Court Rule 2.251 – Electronic Service