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The Court Proof Service form, specifically the APP-009, plays a crucial role in the legal process within the Court of Appeal. This form serves as official documentation that verifies whether a particular document has been properly served to the involved parties in a legal proceeding. Users are instructed to consult the accompanying Information Sheet for Proof of Service (form APP-009-INFO) before filling out the form to ensure accuracy and compliance with requirements. It is important to note that this form should not be used for electronic service, which has its separate document, APP-009E. Key sections of the form require the submitter to provide personal information, including their age, address, and the method of service employed—either by mail or personal delivery. For mail, details such as the mailing date and addresses of recipients must be included. In cases of personal delivery, information about the person served, delivery date, and time are necessary. This straightforward approach ensures that all parties have clear proof that documents were delivered appropriately, establishing a transparent chain of communication in legal matters.

Court Proof Service Example

APP-009

PROOF OF SERVICE (Court of Appeal)

Mail

Personal Service

Notice: This form may be used to provide proof that a document has been served in a proceeding in the Court of Appeal. Please read Information Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) before completing this form. Do not use this form for proof of electronic service. See form APP-009E.

Case Name:

Court of Appeal Case Number:

Superior Court Case Number:

1. At the time of service I was at least 18 years of age and not a party to this legal action.

2. My

residence

business

address is (specify):

3.I mailed or personally delivered a copy of the following document as indicated below (fill in the name of the document you mailed or delivered and complete either a or b):

a.

(1)

Mail. I mailed a copy of the document identified above as follows:

I enclosed a copy of the document identified above in an envelope or envelopes and

(a) deposited the sealed envelope(s) with the U.S. Postal Service, with the postage fully prepaid.

(b) placed the envelope(s) for collection and mailing on the date and at the place shown in items below, following our ordinary business practices. I am readily familiar with this business's practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope(s) with postage fully prepaid.

(2)Date mailed:

(3)The envelope was or envelopes were addressed as follows:

(a)Person served:

(i)Name:

(ii)Address:

(b)Person served:

(i)Name:

(ii)Address:

(c)Person served:

(i)Name:

(ii)Address:

Additional persons served are listed on the attached page (write “APP-009, Item 3a” at the top of the page).

(4)I am a resident of or employed in the county where the mailing occurred. The document was mailed from

(city and state):

 

Page 1 of 2

 

 

Form Approved for Optional Use

PROOF OF SERVICE

www.courts.ca.gov

Judicial Council of California

(Court of Appeal)

 

APP-009 [Rev. January 1, 2017]

 

Case Name:

APP-009

Court of Appeal Case Number:

Superior Court Case Number:

3.b.

(1)

(2)

(3)

Personal delivery. I personally delivered a copy of the document identified above as follows: Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Names and addresses of additional persons served and delivery dates and times are listed on the attached page (write “APP-009, Item 3b” at the top of the page).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

APP-009 [Rev. January 1, 2017]

PROOF OF SERVICE

(Court of Appeal)

Page 2 of 2

Get Court Proof Service PDF Form

Form Characteristics

Fact Title Details
Purpose The APP-009 form serves to document the service of a legal document in a proceeding in the Court of Appeal.
Governing Law This form is governed by the California Rules of Court, specifically the provisions regarding proof of service in appellate proceedings.
Eligibility for Service The individual completing the form must be at least 18 years old and cannot be a party to the legal action.
Mailing Procedures The form details proper mailing procedures, including prepayment of postage and timely collection of mailed documents.
Personal Delivery Options It allows for personal delivery of documents, requiring specific information about the recipient and delivery details.
Complete Required Fields Users need to complete various fields including case names, court case numbers, and addresses of persons served.
Declaration Under Penalty of Perjury The individual filing the form must declare under penalty of perjury that the information provided is true and correct, adhering to California laws.

Guidelines on Utilizing Court Proof Service

Completing the Court Proof Service form is essential for documenting how legal documents have been served in a proceeding before the Court of Appeal. After filling out this form, you will need to file it with the court to provide proof of service. Make sure you have all the necessary details ready before starting.

  1. Verify that you are at least 18 years of age and not a party to the legal action.
  2. In the appropriate section, enter your residence or business address.
  3. Indicate whether you mailed or personally delivered the document:
    • If you mailed it, check the box for mail and complete the following:
      1. Specify the date you mailed the document.
      2. Fill in the name and address of each person served. If there are additional people, list them on an attached page labeled "APP-009, Item 3a."
    • If you personally delivered the document, check the box for personal delivery and fill in the required information:
      1. Write down the name and address of the person delivered to, along with the date and time of delivery.
      2. Repeat this for each additional person served, using an attached page labeled "APP-009, Item 3b" if necessary.
  4. Confirm that you are a resident of or employed in the county where the mailing occurred.
  5. Complete the declaration under penalty of perjury, ensuring the date is correct.
  6. Type or print your name and sign the form where indicated.

What You Should Know About This Form

What is the purpose of the Court Proof Service form?

The Court Proof Service form is used to provide evidence that a document has been served in a Court of Appeal proceeding. It ensures that all parties are aware of the documents shared and helps maintain a fair legal process. Always refer to the Information Sheet for detailed instructions before completing the form.

Who can complete the Court Proof Service form?

Any individual who is at least 18 years old and not a party to the legal action can fill out this form. This ensures an unbiased approach to serving documents, which is a key requirement in the legal process.

What types of service can be documented on this form?

The form allows for two types of service: mail and personal delivery. For mail service, you must confirm that the document was mailed following standard procedures. For personal delivery, you’ll need to provide the name, address, date, and time of delivery for each person served.

Do I need to provide detailed information about the people served?

Yes, the form requires you to list the names and addresses of each person served, whether by mail or personal delivery. If there are additional individuals, you must attach a page with their details and reference it on the form.

Where should I mail the completed form?

After completing the form, you must file it with the appropriate court, typically the Court of Appeal where your case is being heard. Ensure you retain a copy of the completed form for your records, as this serves as proof of your actions.

What happens if I do not fill out this form correctly?

If the Court Proof Service form is incomplete or contains inaccuracies, it may lead to delays in your case. Courts rely on accurate documentation, so taking the time to fill it out carefully is essential. If you’re uncertain about any part, consulting a legal professional may be helpful.

Common mistakes

When completing the Court Proof Service form, individuals often encounter various challenges that can lead to mistakes. One common error is forgetting to include the correct case details. The form requires the Case Name and both the Court of Appeal Case Number and the Superior Court Case Number. Omitting any of this information can slow down the process, causing unnecessary delays.

Another frequent mistake involves not being aware of the requirements for personal service versus mail service. It's essential to understand which method applies to your situation; using the wrong method will invalidate the proof of service. The form has specific sections for each type, so it is vital to fill out the correct portion thoroughly.

Some people fail to declare their age and party status accurately. The form stipulates that the person serving the documents must be at least 18 years old and not involved in the case. If this declaration is incomplete or incorrect, it could lead to complications in validating the service.

Individuals sometimes rush through the mailing details and neglect to provide complete addresses for the recipients. Ensuring that names and addresses are filled out precisely is crucial. Even minor errors can result in documents not reaching the intended parties, undermining the entire purpose of the proof of service.

Additionally, dating the service incorrectly is a common issue. The form asks for the exact date the document was mailed or personally delivered. Any discrepancies between the date listed and when the service actually occurred can raise questions about the validity of the service.

Lastly, people often neglect to sign the form. The declaration under penalty of perjury is serious. Without a signature, the court may not recognize the proof of service as legitimate, which defeats the purpose of completing the form in the first place. Double-checking every entry can prevent these common mistakes and help the process run smoothly.

Documents used along the form

The Court Proof Service form is an essential document used in legal proceedings to ensure that all parties are properly notified of actions taken in court. Multiple documents often accompany this form to provide additional information or support in the process. Below are a few commonly used forms related to the Court Proof Service that you may find helpful.

  • APP-009-INFO: Information Sheet for Proof of Service - This document provides guidelines and instructions for completing the Proof of Service form. It elaborates on the necessary steps and information required to ensure accurate service.
  • APP-009E: Proof of Electronic Service - For cases involving electronic service, this form verifies that a document was served electronically. It includes the details of the service method and confirms that the intended recipient received the electronic document.
  • Declaration of Due Diligence - This statement details the efforts made to serve documents when standard service methods fail. It may include information about attempts to deliver the documents personally or by mail, emphasizing the diligence exerted in trying to reach other parties.
  • Summons - This legal document notifies the person being sued that an action has been commenced against them in court. It outlines the parties involved and sets forth the time frame within which the person must respond to avoid default judgment.

Understanding the various forms related to the Court Proof Service will help navigate the legal process more effectively. Ensure that you have all necessary forms completed accurately to avoid any potential delays in your case.

Similar forms

The Court Proof Service form is similar to several other legal documents that serve to provide evidence of service. Below is a list of nine such forms, highlighting their commonalities:

  • Court Proof of Service (Form APP-009E) - Specifically used for proving electronic service of documents, distinguishing itself from traditional mail or personal service methods.
  • Proof of Service (Civil Procedure Form) - This document is used in general civil proceedings to confirm that a legal document has been served to the involved parties. Both forms require details about the service method and recipients.
  • Proof of Service by Mail - Similar to the Court Proof Service form, this document is utilized to confirm that documents were mailed, emphasizing the mailing procedures and recipient’s details.
  • Notice of Motion (Form 1) - Often used in conjunction with a Proof of Service form, it provides notice of a hearing and requires proof of service to ensure all parties are informed.
  • Subpoena (Duces Tecum) - Used to command an individual to produce documents in a legal proceeding, this document also requires proof of service showing it was delivered to the appropriate party.
  • Request for Admissions - This document, which must be served to parties involved in the litigation, is also accompanied by a proof of service to confirm delivery.
  • Summons (Civil Action) - This formal legal document initiates a lawsuit and must be served, with service details confirmed via a proof of service record.
  • Statement of Claim - Similar to a summons, this document outlines a claim made by a plaintiff. Proof of service is needed to show it has been properly served.
  • Demand for Jury Trial - This document asserts a party's right to a jury trial and, like others, necessitates proof of service to demonstrate that all parties are aware of the demand.

Each of these documents plays a crucial role in the legal process, ensuring that all parties are notified of important actions and responsibilities. Accurate completion of the respective proof of service form is essential for the validity of these documents.

Dos and Don'ts

When filling out the Court Proof Service form, it’s important to follow certain guidelines to ensure your submission is accurate and complete. Here’s a list of dos and don’ts:

  • Do read the Information Sheet for Proof of Service before starting.
  • Do ensure you are at least 18 years old and not a party to the legal action.
  • Do provide your current residence or business address clearly.
  • Do accurately fill in the names and addresses of all persons served.
  • Don’t use the form if you are providing proof of electronic service.
  • Don’t forget to indicate the date of mailing or personal delivery.
  • Don’t leave any required sections blank; ensure all information is complete.
  • Don’t overlook the need to sign and date the form once completed.

Sticking to these guidelines will help facilitate smooth processing of your service proof in the Court of Appeal.

Misconceptions

Here are 10 misconceptions about the Court Proof Service form, along with clarifications for each:

  1. Electronic Service is Permitted on This Form. Many people believe that this form can be used for electronic service. In reality, it is specifically designed for mail or personal delivery.
  2. Anyone Can Serve Documents. There is a misconception that any individual can serve documents. However, only individuals over the age of 18 who are not parties to the case may do so.
  3. Proof of Service is Optional. Some think providing proof of service is optional. In fact, it is a necessary step in ensuring that all parties are properly notified.
  4. The Form Can Be Used in Any Court. This form is only applicable for proceedings in the Court of Appeal. It is not suitable for other courts.
  5. Filling Out the Form is Straightforward. While the form seems simple, many find that they miss important details, which can lead to issues later on.
  6. It’s Enough to Just Sign the Form. Some believe that a signature suffices. However, all required sections, including details of service, must be completed.
  7. All Recipients Must Be Notified Personally. It's a common belief that personal delivery is the only way to serve documents. Mailing is also a legally accepted method, as outlined in the form.
  8. There’s No Need to Keep a Copy. People often think they don’t need to keep a copy of the proof of service. Retaining it is essential for your records.
  9. This Form Can Include Notes or Attachments. Some assume they can add extra notes. The form strictly requires specific information without additional commentary.
  10. The Information Must Be Completed Perfectly the First Time. Some believe any error invalidates the service. Minor mistakes can sometimes be amended as long as the essential information is correct.

Key takeaways

When filling out and utilizing the Court Proof Service form (APP-009), it's essential to keep these key points in mind:

  • Age and Independence: Ensure that you are at least 18 years old and not a party to the legal action when completing this form.
  • Service Method: You have options for service: it can be done either by mailing or personal delivery. Choose the method that fits your circumstances.
  • Document Details: Clearly indicate the exact document you are serving. Accurate identification is crucial for proper record-keeping.
  • Addressing Envelopes: If you opt for mailing, double-check that the envelopes are addressed correctly to the recipients to avoid any service issues.
  • Perjury Declaration: Remember, you are declaring under penalty of perjury that the information provided is true. Be sure all entered details are accurate before signing.

Following these guidelines will help ensure that the service process goes smoothly and that you maintain compliance with court requirements.

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