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e-SERVICE procedures and truefiling

eService = service copies electronically served on a party or entity

Think "Proof of Service." eService simply means that the normal-proof-of-service-paper copy that you would serve on a party or entity can be served via an electronic service address rather than via a postal service provided that the party or entity agrees to accept electronic service delivery. (Cal. Rules of Court, rule 8.71(a)(2).)

There are two ways to eServe a TrueFiled document: 1) use the TF e-service process during TF filing steps (currently an additional fee of $3 per document); or 2) use your own email to electronically serve the document as an attachment.

Become familiar with the eService rules, many of which are discussed below.

 

FAQs regarding eService

 

1. CCAP's eService address = eservice@capcentral.org

All panel attorneys may eServe CCAP any document that is electronically filed via TrueFiling with both the Third and Fifth Districts. Documents that exceed 25 MB are too large for CCAP eService; our email system will reject it. If this happens, filers will need to either divide the document into two parts or paper serve the document via postal service and amend their proof of service.

IMPORTANT: Do not use the eservice box for drafts submitted to the CCAP buddy; contact the staff buddy directly via their individual CCAP email. CCAP case processors are unlikely to differentiate between a draft version and a filed version of a document sent to our eService email. For this reason, eservice@capcentral.org should NOT be used for anything other than for electronic service.

If you choose to have TF do the eService for you, CCAP should be listed as a contact for appointed cases within the TrueFiling system. However, if CCAP is not listed, you may still eServe us directly by using our eservice@capcentral.org email address.

 

2. AG's eService address = SacAWTTrueFiling@doj.ca.gov NEW EMAIL!

By agreement between CCAP and the AG's office, all CCAP panel attorneys may eServe the AG with any document that is electronically filed via TrueFiling with the Fifth District Court of Appeal. Documents that exceed 20 MB are too large for AG eService; filers will be required to either divide the document into two parts or paper serve the document via postal service.

NOTE on AG's email switch: a previously posted email of dcadocketingsacawt@doj.ca.gov reportedly will still work, but the AG's office prefers the one listed above. Notwithstanding this, we are aware that TrueFiling may be using the old one in their contact lists; you may update it, or use it as is until further notice.

 

3. Adding CCAP & the AG into TrueFiling when missing in the contacts for your case

For instructions on how to add CCAP and the Attorney General as contacts for a case in TrueFiling so that we may be eServed via TrueFiling, see CCAP's guide:

Adding Attorneys, CCAP, and the Attorney General to a Case in TrueFiling (PDF)

 

4. Other counsel eService by agreement

Only attorneys who have agreed to accept eService in a case may be eServed. (Cal. Rule of Court, rule 8.71(a)(2).) However, if other counsel registers to use the TrueFiling system in the case, they have automatically opted in pursuant to the rule. (Ibid.) The counsel list that pre-populates your case entry in TrueFiling have agreed to accept eService.

Over time, CCAP anticipates contacting County Counsel offices and other frequently used contract respondents for dependency cases to ask whether they will agree to electronic service in all CCAP appointed cases. Until then, eService in appellate proceedings is not expressly authorized by the Code of Civil Procedure, and so, as a precaution against any later claim of irregular service, case-by-case agreements between you and opposing counsel, may be required.

The Children's Law Center of Sacramento (external link), which represents foster children in Sacramento County in their dependency cases, has agreed to accept eservice in Third DCA cases. They prefer that briefs and other documents be served electronically, rather than in paper format. You can add attorneys from the Children's Law Center by following the directions for adding the Attorney General as a contact (see instructions for Adding Attorneys, CCAP, and the Attorney General to a Case in TrueFiling above). Instead of searching for the Attorney General, search for Children's Law Center of Sacramento, or search by the trial attorney's name.

 

5. Use of TrueFiling automatically opts you in to accepting eService

Fifth District Local Rule 8(i) (external link) & Third District Local Rule 5(k) (external link):
"An attorney’s registration with TrueFiling to participate in EFS [electronic filing system operated by TrueFiling] constitutes consent to service or delivery of all documents by any other party in a case through the system. (Cal. Rules of Court, rule 8.71.)"

 

6. Sample proof of service for eService

  • CCAP's POS version for TrueFiling:
Calendar Preference word documentCalendar Preference word perfectCalendar Preference pdf document

  • FDAP's POS version for TrueFiling: here (external link PDF)

 

7. eService now includes both the Third & the Fifth

Service via TrueFiling: For documents served using the EFS TrueFiling eService function ($3 charge), TrueFiling will generate a notification of service that both courts will accept as your Proof of Service. Counsel will need to still attach a separate POS for those parties who cannot be served via TrueFiling (e.g., your client). [Note: if you have a document rejected because of improper service when you used TrueFiling for service, comply with what the clerk tells you, but please report this to Joanne at CCAP promptly, including a case number, so we can provide appropriate feedback to the clerk administrator. The clerks are learning, too!] The TrueFiling generation notification of service can be found in the stored documents section for the individual case; it is not sent to the filer automatically.

Service copy of Petition for Review: These courts strongly prefer that service of petitions be done via TrueFiling. The proof of service may state that the Court of Appeal was "Served via TrueFiling."

 

7. eService email subject line can help the receiving party

If you use our eService email separate from the EFS TrueFiling website eService process, please use an email subject line that states both the appellate case number and appellant's name. Examples: F012345 Smith or F012345 John S.

We also recommend that you add a confidentiality warning to the body of your email (see #10 below).

 

8. Is eService available for Third and Fifth District cases?

Yes! Both CCAP and the AG's office will now accept e-service on all panel cases. (Note: IF you choose to snail-mail service CCAP instead, this is a reminder to please be certain to use our current address on River Plaza Drive because documents sent to our old address on J Street can take up to 10 days to find us!).

 

9. Is a paper copy also needed for service if I eServe CCAP or the AG?

No additional paper document is required for either office.  The AG will eServe counsel but continue to send counsel a second paper copy, which is the client's copy as required by the Rules of Court.

 

10. Should I include my CCAP buddy on the eService email for my e-served document?

No! All, or nearly all, "mail" items pass through our support staff for date stamping and recording in our case management system. Receiving the document directly in the staff buddy's email short-circuits this important step in document management within our office. Draft-only items may be sent directly the the CCAP's staff buddy's email; service items are sent only to the eService email.

 

11. Recommended confidentiality warning if using email to eServe

We recommend that you add a confidentiality warning to the body of your email when eServing using your own email.

In a juvenile dependency and delinquency and other confidential cases, attorneys should add the following language to the body of the email transmitting the eService document: "By law, the attachment is confidential. (Welf. & Inst. Code, sec. 827.) If you are not an authorized recipient under the law, you may not open it. Please notify the sender immediately and delete this email."

 

12. Who do I contact if I have questions?

If you have any questions about using our eService email, please contact support staff member Stephanie Feilzer.
If you have questions about TrueFiling and court filing requirements, please contact staff attorney Joanne Kirchner or Laurel Thorpe if Joanne is not available and you need immediate assistance.

 

 

 

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