Ensuring Compliance with Digital Signature Lawfulness for Military Leave Policy

How to eSign a document: digital signature lawfulness for Military Leave Policy

hello I'm Jessica Ryan Keaney I'm a family law attorney I'm licensed to practice law in the state of California I am the department of child support services attorney for two small Northern California counties I'm also a city attorney for a small Northern California city in the background you might hear my son making noises you might also hear the dryer sorry not all what I can do about that anyway I'm making videos to help people do common things in their family law cases please know that these videos are not legal advice these are for educational purposes only if you have a question as to whether or not what I am explaining in the video is right for your case you need to go hire an attorney who's not me to evaluate your case to figure out what's right for your case having said that I know there are a lot of questions about how to do common family law things common family law forms and so I'm here to educate people today we are going to learn about serving people electronically by email and how to fill out that proof of electronic service here we have a proof of electronic service its POS oh five oh I have a link to where you can find this in the description down below I don't want to use form numbers I like to use form names I don't like form numbers because if someone's describing the form or using the form number and they mess up the number I have no clue what they're talking about actually if they're describing the form I can probably figure it out anyway if they're using the form name and they mess up the name a little bit I can figure out what they're talking about form names on all the forms appear right here I call this section the title block and they appear down here on the document so the rules for serving people electronically can be found on the there in the California rules of court and it's rule 2.25 one and it's really handy because down in the lower right hand corner of documents can find the law that pertains to that document so I'm not going to go into when proof of I mean when electronic service is appropriate other than to say that the party has to consent to electronic service for more information go read the rules of court so now let's get into actually filling out this form so I'd like you to note that some local child support agencies will serve and file your forms for you it's your responsibility as a party to make sure that forms your forms get served and filed properly but some local child support agencies some DC SSE's or Department of Child Support Services will do it for you to make sure that they get done properly so check with your DC SS to find out if they will serve your child support forms and file them for you if they want then these are good videos for you and even if they will but you're dealing with documents in a part of the family law case that Department of Child Support Services isn't involved these are good forms or I mean these are good videos for you maybe EC SS isn't involved at all these are good videos maybe you want to get it done to make sure that it actually gets done these are good videos okay so now with that out of the way we will say that I am filling this out for myself but we'll say that I'm filling it out improper meaning that I'm representing myself in the case so I'm Jessica Heaney we're gonna pretend that I'm not actually an attorney and we're gonna put my address I'm not gonna put my actual address cuz I don't want you guys to send me mail because I might not get it so we put the address so the street for me it's a p.o box I'm in Susanville California fill that all out then we'll put my phone number and you're gonna put your actual phone number am I gonna put my phone number but if I were really filling this out for court I would I don't have a fax number I like to put an A or none so that people know that I really have no fax number and then we got to put our email address makes sense since we're serving lists by email that we're gonna put an email address and because I'm not doing this as an attorney I'm doing this as though I'm a self represented party I'm going to put my private email address so you need to use the email address that you're going to be serving the documents from and that you are willing to accept service at this title block up here is how the court and the parties in the case know how to contact you so make sure that you provide the information that you want the courts have record of so that the court and the other parties can serve you and send you notices Superior Court for the county of in this case of the Lassen you're gonna put the county that you're actually in you're gonna put the street and mailing address of your courthouse you might have to go look it up I can't remember offhand what ours is but I know that it's on Riverside Drive and it's in Susanville some courthouses have branch names sorry that my camera keeps focusing in and out I haven't figured out how to stop that someone figures it out please let me know in the comments below and so if the courthouse had a branch name we fill it in here mine doesn't so I'm not going to fill it in you're gonna put the petitioner and the respondent for the case and it's the petitioner and respondent are going to be the same throughout the entire case let's say that in this one Lassen County was the petitioner and then Sam Smith is the respondent he in our previous videos some of them was the was the parent who was paying support and there's no room here for other parent in this case other parent is is me if you're unsure check the court docket to find out you can also check the forms that Department of Child Support Services sent you over here we put the case number if it's a family law case in my County like a divorce it'll be FL if it's only a child support case it'll be FS sometimes the cases get consolidated and your FS case turns into an FL case double check that you have the correct case number because if you use a long case number then your document will get filed in the wrong case and a Mis file document is as good as a non-existent document so then you'll put the judicial officer that's the judge or commissioner who's hearing your case if you don't know what the judicial officer is that's okay you don't need to put it there and put the department that it's gonna be heard in and again if you don't know what department it's gonna be heard in that's fine you don't need to put it there either now we proceed my residents are well first off I'm at least 18 my residence or business address is so I want to make it very clear that you as a party to the case cannot serve these forms you have to have somebody over the age of 18 and not a party to the case serve these forms for you so an attorney can serve them your attorney and the case can serve them but you as a party to the case cannot serve them but what I like to do is I like to fill out this form as much as possible so that I can just hand it to the person who's going to serve the forms for me so let's say that my friend Jennifer Baker is going to serve this form for me well I've already figured out with Jennifer that she is going to serve this form for me I'm going to fill it out as best I can for her and leave a few places for her to sign and fill in oh let's say that Jennifer's address is also P o box let's say it's 1 2 3 Susanville California sorry if your peal box is actually 1 2 3 Susanville California I'm not picking on you I swear and then we need to fill in the email address for the person who's doing the service so again this is Jennifer Baker and you need to fill out the actual email address this isn't actually Jennifer Baker's email address but I'm using it as an example you are going to use the true email address electronic service address of the person who's doing the service and then you know what documents you're gonna have somebody serve we're gonna say this is a response to notice of motion and I like to put the hearing date because in a file there can be a whole bunch of notices of motion and there can be a whole bunch of responses to a notice of motion and it can be tough to figure out what this proof of service goes to especially if there are a whole bunch of hearings and close succession so in this case I'm going to have miss Baker sort of response to notice of motion with hearing date 5 15 20 and mother's income and expense declaration in this scenario I'm mother if you need more space to list documents serve than you'll check here and you can use an attachment so then the person who's going to serve your documents is gonna finish is going to check all of this make sure it's right again as a courtesy you're going to fill out as much of this as you can so miss Baker is gonna serve Sam Smith for me now if miss Baker were gonna serve Sam Smith's attorney then we would put the name of Sam Smith's attorney and then we would put Sam Smith here because it's the name of the person who's actually served on behalf of and that's the name or names parties represented if the person served as an attorney then we put the the email address that they're going to be served at and this is the email address that the party or attorney has agreed to accept service at this is going to be the date that the documents get served in the past I've seen forms that want to know the time and the city that they're served in as well but this one doesn't ask for that so what's going to happen when the person serves these documents for you they are going oh and we're gonna write the name of a person here who's doing the service so the person's going to have the file of all the documents that are going to be served the notice of motion and the income and expense declaration in this case and then they're also going to have a mostly complete version of the proof of electronic service and they're going to email that file with those documents to the person listed here at the email address listed here which is the address they've agreed to accept service set so once they email those documents electronic service is complete they are then going to date here this is again the person who's doing the service for you and sign here and then you are going to file with the court the original proof of electronic service and two copies and you're also going to file with the court the original response to motion and two copies and the original income and expense declaration and two copies and it's okay if the documents you're serving aren't a response to notice emotion or an income and expense declaration you can be having any document served electronically that you're allowed to the deal is what you're going to file with the court is going to be the original proof of electronic service plus two copies and then the original plus two copies of each document that were served some documents don't have to be filed with the court for instance a schedule of assets and but we knit into that another video in another video so if you have any questions you can leave them in the comments below I check in periodically and I'll do my best to answer those either in the comments or in a future video you need to know though that this is not legal advice this is how I've seen other people handle it that's how I've handled it and it doesn't necessarily need us the best for your case so thank you for watching and I hope this made sense to you eventually I will likely have a write up explaining how to electronically serve someone and when that eventually comes into existence I will put the link so that you can find it in the description below