Section § 26660

Explanation

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.

As used in this title:
(a)CA Government Code § 26660(a) “Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers.
(b)CA Government Code § 26660(b) “Notice” includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding.

Section § 26661

Explanation

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.

When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it emanated, and deposit it in the post office prepaying postage.

Section § 26662

Explanation

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.

The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.

Section § 26663

Explanation

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.

Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her.

Section § 26664

Explanation

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.

Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees have been paid or tendered, is liable to the creditor for all actual damages sustained by the creditor.

Section § 26665

Explanation

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.

All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.

Section § 26666

Explanation

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.

(a)CA Government Code § 26666(a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660.
(b)CA Government Code § 26666(b) A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on a document requesting the marshal or sheriff, or their department or office, to serve court documents, or on a summons, order, or other notice to be served.

Section § 26666.2

Explanation

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.

 Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other notice:
(a)CA Government Code § 26666.2(a) The applicable form or forms described in Section 26666.10 are present and required sections, if any, are complete.
(b)CA Government Code § 26666.2(b) A case number appears on the summons, order, or other notice. Blank forms, such as responsive forms, are not required to include a case number.
(c)CA Government Code § 26666.2(c) An order to be served, including a restraining order, bears the signature of the judge, including, but not limited to, a stamp or other endorsement or representation of the signature of a judge, certification of a clerk, or court endorsement or seal, and the information on the order materially matches the information regarding the person to be served on the form or forms described in Section 26666.10.

Section § 26666.5

Explanation

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.

(a)CA Government Code § 26666.5(a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served in any case in which the court has granted a fee waiver by an order on court fee waiver or the litigant is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, Section 18121 of the Penal Code, 34 U.S.C. Sec. 10450(a)(1), or 34 U.S.C. Sec. 10461(c)(1)(D). Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.
(b)CA Government Code § 26666.5(b) A marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a).
(c)CA Government Code § 26666.5(c) This section shall not be construed to impede a private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.
(d)CA Government Code § 26666.5(d) This section shall become operative on January 1, 2024.
(e)CA Government Code § 26666.5(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 26666.5

Explanation

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.

(a)CA Government Code § 26666.5(a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.
(b)Copy CA Government Code § 26666.5(b)
(1)Copy CA Government Code § 26666.5(b)(1) Subject to paragraph (2), a marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a) that exceeds the actual cost incurred in processing the transmission.
(2)CA Government Code § 26666.5(b)(2) No fee for the electronic transmission of documents shall be imposed on a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, Section 18121 of the Penal Code, 34 U.S.C. Sec. 10450(a)(1), or 34 U.S.C. Sec. 10461(c)(1)(D).
(c)CA Government Code § 26666.5(c) This section shall not be construed to require a marshal or sheriff, including their department or office, to attempt service of documents prior to receipt of any fees owed pursuant to this chapter.
(d)CA Government Code § 26666.5(d) This section shall not be construed to impede a private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.
(e)CA Government Code § 26666.5(e) This section shall become operative on January 1, 2026.

Section § 26666.10

Explanation

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.

(a)CA Government Code § 26666.10(a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office.
(b)CA Government Code § 26666.10(b)  A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms created pursuant to this section.
(c)CA Government Code § 26666.10(c)  The Judicial Council form or forms shall do all of the following:
(1)CA Government Code § 26666.10(c)(1) Require the name, address, and description of the person to be served and the signature of the litigant requesting service, or their attorney of record, and may require any other pertinent information for service.
(2)CA Government Code § 26666.10(c)(2) Indicate on the form which fields on the form, if any, are required.
(3)CA Government Code § 26666.10(c)(3) Allow the litigant’s or their attorney of record’s signature to be made electronically.
(d)CA Government Code § 26666.10(d)  Upon completion of the forms described in subdivision (a), requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms. No sheriff or marshal, including their department or office, shall require completion of a form or request other than the Judicial Council form or forms described in this section.
(e)CA Government Code § 26666.10(e)  Pursuant to Section 7927.430, the Judicial Council form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.