Service of SummonsProof of Service

Section § 417.10

Explanation

This section explains how to prove that a summons was given to someone in California. The method depends on how the summons was served. If it was done by hand, the person delivering it must provide a written statement with details like when, where, and how it was served, plus the name and title of the person who got it. If the summons was mailed, proof must include either a signed receipt or another acceptable written acknowledgment. If the summons was published in a newspaper, an affidavit must show publication details. If it was posted on a property, proof includes details about the timing and location of both the posting and any mailing. For all personal services, a standardized form must be used.

Proof that a summons was served on a person within this state shall be made:
(a)CA Civil Procedure Code § 417.10(a) If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of the person to whom a copy of the summons and of the complaint were delivered, and, if appropriate, his or her title or the capacity in which he or she is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.
If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.
(b)CA Civil Procedure Code § 417.10(b) If served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or his or her foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(c)CA Civil Procedure Code § 417.10(c) If served pursuant to another law of this state, in the manner prescribed by that law or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.
(d)CA Civil Procedure Code § 417.10(d) By the written admission of the party.
(e)CA Civil Procedure Code § 417.10(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(f)CA Civil Procedure Code § 417.10(f) All proof of personal service shall be made on a form adopted by the Judicial Council.
summons delivery methods affidavit of service personal service proof ...

Section § 417.20

Explanation

This law explains how to prove that someone outside the state was officially notified, or 'served,' with legal documents like a summons. There are several ways to demonstrate this: if served by mail, you need a signed receipt; if by court order, follow that method; if in the person's location, follow their local rules; or if the person admits to being served. Additionally, if documents are posted and mailed to the person, an affidavit is required to confirm where and when this occurred.

Proof that a summons was served on a person outside this state shall be made:
(a)CA Civil Procedure Code § 417.20(a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence;
(b)CA Civil Procedure Code § 417.20(b) In the manner prescribed by the court order pursuant to which the service is made;
(c)CA Civil Procedure Code § 417.20(c) Subject to any additional requirements that may be imposed by the court in which the action is pending, in the manner prescribed by the law of the place where the person is served for proof of service in an action in its courts of general jurisdiction; or
(d)CA Civil Procedure Code § 417.20(d) By the written admission of the party.
(e)CA Civil Procedure Code § 417.20(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
summons service proof of service actual delivery ...

Section § 417.30

Explanation

Once someone has been officially notified about a legal action through a summons, proof that this notification was given must be filed with the court, unless the person has already shown up in court for the case.

After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed, unless the defendant has previously made a general appearance.
summons proof of service general appearance ...

Section § 417.40

Explanation
If you're serving legal documents and you're registered as a process server, you need to list the county where you're registered and your assigned registration number on the proof of service. This applies whether you're doing the service yourself or an employee or independent contractor is doing it for you.
Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or his employee or independent contractor shall indicate the county in which he is registered and the number assigned to him pursuant to Section 22355 of the Business and Professions Code.
proof of service process server registration county registration ...