§ 1013b.Proof of Electronic Service

Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 2023 · Last verified July 28, 2026

In one sentenceSection 1013b sets parallel proof requirements for electronic service -- an affidavit, a State Bar certificate, a business-practice affidavit, or a clerk's certificate -- each of which must state the electronic addresses involved, the date of service, the recipient's name, and confirmation the document was served electronically.

Full Text of § 1013b

Text sizeJump to: (a) (b) (c) (d)

(a) Proof of electronic service may be made by any of the following methods:

(1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that the person is a resident of or employed in the county where the electronic service occurs, and that the person is over 18 years of age.

(2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that the person is an active member of the State Bar of California.

(3) An affidavit setting forth the exact title of the document served and filed in the cause, showing all of the following:

(A) The name and residence or business address of the person making the service.

(B) That the person is a resident of, or employed in, the county where the electronic service occurs.

(D) That the person is readily familiar with the business' practice for filing electronically.

(E) That the document would be electronically served that same day in the ordinary course of business following ordinary business practices.

(4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which they are the clerk.

(b) Proof of electronic service shall include all of the following:

(1) The electronic service address and the residence or business address of the person making the electronic service.

(2) The date of electronic service.

(3) The name and electronic service address of the person served.

(4) A statement that the document was served electronically.

(c) Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6.

(d) Proof of electronic service may be in electronic form and may be filed electronically with the court.

End

Plain-English Summary

This section mirrors § 1013a's mail-service proof methods for the electronic-service era. Proof of electronic service can be made by an affidavit from the person who served the document, a certificate from an active State Bar member who served it, an affidavit describing the server's ordinary business practice for electronic filing, or a certificate from a court clerk who performed the service — largely the same four-track structure § 1013a uses for mail.

Subdivision (b) requires every proof of electronic service, regardless of which method is used, to include the electronic service address and the residence or business address of the person who served it, the date of service, the name and electronic address of the person served, and a statement that the document was served electronically. Subdivision (c) ties the signature requirement back to § 1010.6's electronic-filing signature rules, and subdivision (d) confirms proof of electronic service can itself be in electronic form and filed electronically with the court.

Frequently Asked Questions

How can a party prove a document was served electronically?

By an affidavit from the server, a certificate from an active State Bar member, a business-practice affidavit, or a court clerk's certificate — the same basic structure § 1013a uses for mail service.

What information must proof of electronic service include?

The electronic service address and business or residence address of the server, the date of service, the name and electronic address of the person served, and a statement that service was electronic.

Can proof of electronic service be filed electronically?

Yes, § 1013b(d) allows proof of electronic service to be in electronic form and filed electronically with the court.

Amendment History

Amended by Stats 2022 ch 215 (AB 2961),s 2, eff. 1/1/2023. Amended by Stats 2018 ch 776 (AB 3250),s 8, eff. 1/1/2019. Added by Stats 2017 ch 319 (AB 976),s 4, eff. 1/1/2018.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: proof of electronic service california