LEGISLATION UPDATE — California Opens the Door to Electronic

Service of Process

California's SB 85 is now in effect as of January 1, 2026, allowing electronic service of summons by email when traditional methods are exhausted. Virginia SB189, which just passed both chambers on March 6, 2026, requires attorneys in consumer debt collection cases to include full identification in all filings — a win for transparency. Federal Rules of Civil Procedure were updated December 1, 2025, with new Rule 16.1 for multidistrict litigation. Ohio now permits defendants to waive service under amended Civil Rule 4(D).

The landscape of service of process just shifted in a major way. As of January 1, 2026, California Senate Bill 85 allows courts to authorize service of summons by email or other electronic means — a move that could reshape how process servers operate in the nation's most populous state.

Here is what you need to know. Under SB 85, a plaintiff can file a motion asking the court to permit electronic service of a summons. But this is not a shortcut. The plaintiff must demonstrate "reasonable diligence," meaning they have to show the court that every traditional statutory method of service — personal service, substituted service, service by mail — was attempted and failed. They must detail every address and location where the defendant was likely to be found and explain why each attempt was unsuccessful. Only then can the court authorize service by email or other electronic technology.

This law does not apply to actions against government entities or their employees. And crucially, the electronic service must still be "reasonably calculated to give actual notice" to the party being served. A judge still has to sign off.

So what does this mean for process servers? In the short term, the impact is limited. SB 85 is a last-resort option, not a replacement for traditional service. In fact, it arguably increases the need for professional process servers, because plaintiffs must first exhaust all traditional methods and document their diligence before they can even ask for electronic service. That documentation often comes from professional servers who keep detailed records of their attempts.

But the long-term trend is worth watching. California's federal courts have already been permitting electronic service in certain circumstances, and this state law follows that trajectory. If other states follow California's lead, the industry could see a gradual shift toward electronic service as a standard backup method rather than an exception.

Meanwhile, other service-of-process developments are worth monitoring. Ohio has amended its Civil Rule 4(D) to permit defendants in the Court of Common Pleas to waive service entirely, with procedures outlined in new Rule 4.7. The goal is reducing delays and expenses from certified mail. And at the federal level, new Rule 16.1, effective December 1, 2025, addresses multidistrict litigation management for the first time in the Federal Rules of Civil Procedure.

Additionally, Virginia's SB189, which passed both chambers on March 6, 2026, requires attorneys in consumer debt collection cases to include their full name, business address, and phone number on every filing. If they do not comply within 21 days, the filing is stricken. This is a transparency measure, but it also signals that legislators are paying attention to how debt collection lawsuits are prosecuted.

The bottom line: process serving is evolving, and staying informed is your competitive advantage.

Sources & Further Reading:

California SB 85 — Full Bill Text (LegiScan)

Ohio Civil Rules Amendments (Cincinnati Bar Association)

Federal Rule Updates (U.S. Courts)

Virginia SB189 — Full Bill (Virginia Legislative Information System)

Stay sharp. Stay informed. Live Mighty!

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