SheriffProcess and Notices
Section § 26660
This section of the law explains the definitions of two important terms used in legal contexts: 'Process' and 'Notice.' 'Process' refers to various legal documents like writs, warrants, summons, and court orders issued by judges or their officers. 'Notice' means all documents and orders that need to be officially delivered, either during court cases or separately when required by law.
Section § 26661
If the sheriff needs to send legal documents or notices to another county, they can simply put them in an envelope, address it to the official who sent it, and mail it after paying for the postage.
Section § 26662
This law states that when a sheriff provides a report or information about delivering legal documents or notices, the details in that report are considered true unless proven otherwise.
Section § 26663
If a sheriff fails to promptly return a legal document or notice with the required endorsements, they may be held responsible for any real damages someone suffers as a result.
Section § 26664
This law states that if a sheriff does not perform their required duties related to a writ of attachment, execution, possession, or sale after the relevant fees have been paid, they are responsible for any real damages the creditor suffers as a result.
Section § 26665
This law states that documents such as writs, notices, or other legal papers related to civil court cases can be delivered by any official marshal or sheriff in any county within the state, following specific civil procedure rules.
Section § 26666
This law requires that marshals or sheriffs in California must accept electronic signatures instead of needing a physical (or wet) signature on documents related to serving court papers or notices. This streamlines the process for delivering legal documents.
Section § 26666.2
This law states that marshals or sheriffs are generally not allowed to examine the contents of legal documents like summonses or orders. However, they can check that specific conditions are met. These include ensuring the required forms are filled out, making sure there's a case number on the summons or order, and confirming that any orders, like restraining orders, have a judge's signature or official endorsement and that the details on the order match the person to be served.
Section § 26666.5
This law states that marshals or sheriffs must accept certain court documents electronically or in person if the court has granted a fee waiver to the litigant or if the litigant is exempt from service fees. This includes accepting forms, summonses, and orders. The sheriffs or marshals cannot charge a fee for receiving these documents electronically. Additionally, private process servers can still serve documents as usual. The law goes into effect on January 1, 2024, and is set to be repealed on January 1, 2026.
Section § 26666.5
This law states that marshals or sheriffs in California must accept legal documents for service either in person or electronically via email or fax. They can only charge a processing fee for the electronic transmission up to the actual cost incurred. People who have a court fee waiver or other exemptions can't be charged for electronic transmission. The law also clarifies that marshals and sheriffs aren't required to start serving documents until any required fees are paid. Additionally, it doesn't affect the work of private process servers. This law will take effect on January 1, 2026.
Section § 26666.10
By January 1, 2024, the Judicial Council is required to create official forms for people in civil cases to request service of legal papers by a marshal or sheriff. These forms must accept electronic signatures, eliminating the need for a traditional signature. The forms should include details like the name and address of the person being served and must clearly show which fields are mandatory. Requests for service must be made using these forms, and no other forms can be required by sheriffs or marshals. Finally, the forms and any information on them must remain confidential and not be disclosed.