Service of SummonsGeneral

Section § 413.10

Explanation

This law explains how to formally deliver legal documents, called summons, to someone you're suing, depending on where they are located. If the person is within California, you follow rules in this chapter. If they are elsewhere in the U.S., follow these rules or the local rules where they are. If they're outside the U.S., you follow these rules, get court instruction, or comply with local rules, including possible international agreements like the Hague Service Convention. Court involvement ensures the person being sued knows about it.

Except as otherwise provided by statute, a summons shall be served on a person:
(a)CA Civil Procedure Code § 413.10(a) Within this state, as provided in this chapter.
(b)CA Civil Procedure Code § 413.10(b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served.
(c)CA Civil Procedure Code § 413.10(c) Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the “Service Abroad of Judicial and Extrajudicial Documents” in Civil or Commercial Matters (Hague Service Convention).
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Section § 413.20

Explanation

If you get a legal summons in the mail, the usual extra time you'll get for handling other legal matters through mail doesn't apply. You'll still need to meet the deadlines mentioned in this particular legal section.

If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title.
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Section § 413.30

Explanation

This law says that if there isn't a specific way outlined in other laws for delivering a court summons, the court can figure out a reasonable method to make sure the person being served gets notified. The court will also set rules for how to prove that the notice was sent.

Where no provision is made in this chapter or other law for the service of summons, the court in which the action is pending may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service be made as prescribed by the court.
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Section § 413.40

Explanation

This law states that if a summons is served following the rules in this chapter, it will still be valid even if the person serving it didn't meet certain professional standards set out in another law.

Any service of summons which complies with the provisions of this chapter shall not be rendered invalid or ineffective because it was made by a person in violation of Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.
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