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The FL-330 form is an essential document used in family law cases in California, primarily serving as a proof of personal service. This form plays a crucial role in ensuring that all parties involved in a legal action are properly notified and given the opportunity to participate in the proceedings. It captures important information such as the names and addresses of the parties, including the petitioner, respondent, and other relevant individuals. Additionally, the FL-330 requires the person responsible for serving the documents to provide details about the service event—namely, the date, time, and location of delivery. The form also includes sections where the individual serving the documents must attest to their qualifications, whether they are a registered process server, a sheriff, or exempt from registration. This affirmation is vital, as it ensures the integrity of the service process and upholds California's legal standards. By clearly outlining who served the documents and the method of service, the FL-330 form reinforces the transparency and fairness of legal proceedings, contributing to the overall effectiveness of family law in California.

Fl 330 Example

FL-330

ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400,17406 (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO.:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

PROOF OF PERSONAL SERVICE

FOR COURT USE ONLY

CASE NUMBER:

(If applicable, provide):

HEARING DATE:

HEARING TIME:

DEPT.:

1.I am at least 18 years old, not a party to this action, and not a protected person listed in any of the orders.

2.Person served (name):

3.I served copies of the following documents (specify):

4.By personally delivering copies to the person served, as follows:

 

a.

Date:

b. Time:

 

 

c.

Address:

 

 

 

 

5.

I am

 

 

 

 

 

a.

 

 

not a registered California process server.

d.

 

 

exempt from registration under Business & Profession

 

b.

 

 

a registered California process server.

 

 

 

Code section 22350(b).

 

 

 

 

 

 

 

c.

 

 

an employee or independent contractor of a

e.

 

 

a California sheriff or marshal.

 

 

 

 

 

 

 

 

 

registered California process server.

 

 

 

 

6.

My name, address, and telephone number, and, if applicable, county of registration and number (specify):

7.

 

 

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

 

 

8.

 

 

I am a California sheriff or marshal and I certify that the foregoing is true and correct.

 

 

Date:

(TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS)

(SIGNATURE OF PERSON WHO SERVED THE PAPERS)

 

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Form Approved for Optional Use

Judicial Council of California FL-330 [Rev. January 1, 2012]

PROOF OF PERSONAL SERVICE

Code of Civil Procedure, § 1011

www.courts.ca.gov

Form Characteristics

Fact Description
Name of the Form The form is referred to as FL-330, which stands for Proof of Personal Service.
Governing Laws FL-330 is governed by the California Family Code, specifically sections 17400 and 17406.
Purpose This form is used to provide proof that legal documents have been personally served to a party in a family law case.
Age Requirement The individual completing this form must be at least 18 years old and not a party to the action.
Certification Requirement The person serving the documents must declare under penalty of perjury that the information on the form is correct.

Guidelines on Utilizing Fl 330

After gathering all necessary information and understanding the purpose of the FL 330 form, you are now ready to fill it out. This form is essential for proving that legal documents have been personally served to involved parties. Follow these steps to accurately complete the form.

  1. At the top of the form, fill in your name, State Bar number (if applicable), and address. This information is necessary to identify yourself as the attorney or party serving the documents.
  2. Provide your telephone number and fax number if you have one. This allows the court and other parties to contact you easily.
  3. Indicate the name of the attorney or party you are serving on behalf of in the section labeled "Attorney for (Name)".
  4. Enter the address details of the Superior Court of California relevant to your case, including the street address, city, and ZIP code.
  5. Fill in the names of the petitioner/plaintiff, respondent/defendant, and any other parent or party involved in the case.
  6. For case references, enter the case number if one exists, along with the hearing date and time, and department number where the case is being heard.
  7. In the declaration section, confirm that you are at least 18 years old, not a party to this action, and not a protected person. Check the appropriate box.
  8. Write the name of the person who was served in the space provided.
  9. List the documents you served by specifying them in the designated area.
  10. Complete the service details: include the date and time when you served the documents, as well as the address where the service took place.
  11. Indicate your status by checking the appropriate box, whether you are a registered California process server, exempt from registration, an employee or independent contractor of a registered process server, or a California sheriff or marshal.
  12. Provide your contact details including name, address, and telephone number. If you are a registered process server, also include your county of registration and registration number.
  13. Finally, sign and date the form. Include your name printed next to your signature to verify the truthfulness of the information provided.

What You Should Know About This Form

What is the FL 330 form used for?

The FL 330 form is primarily used to document proof of personal service in family law cases in California. This form verifies that legal documents have been delivered to an individual involved in the case, ensuring that they are officially notified about court proceedings or actions taken. Proper service is crucial for maintaining the integrity of the legal process.

Who can serve papers using the FL 330 form?

Not just anyone can serve legal documents. The form allows for service by different parties, including registered California process servers, sheriffs, or individuals over the age of 18 who are not involved in the case. Additionally, employees or independent contractors of registered process servers can also perform this task, provided they meet specific criteria outlined in the form.

What information is required on the FL 330 form?

The FL 330 form requires various details to be filled in accurately. This includes your name and contact information, the name and details of the person being served, the date and time of service, and a specification of the documents that were delivered. Ensuring this information is correct is essential for the court’s records.

Is there a specific format for filling out the FL 330 form?

Yes, there is a structured format that must be followed when completing the FL 330 form. Each section needs to be filled out in the provided areas, and any signatures must be clearly written. The form also requires a declaration under penalty of perjury, confirming that the details filled in are true and correct to the best of your knowledge.

What happens if I do not file the FL 330 form?

If the FL 330 form is not filed after serving legal documents, it may lead to complications in the case. The court may not acknowledge the service as valid, which can delay proceedings or affect the outcome of the case. Proper documentation of service is vital for upholding legal standards.

Can I submit the FL 330 form electronically?

In many cases, you can submit the FL 330 form electronically, but this depends on the specific court's policies. Some courts may allow online submissions, while others might require physical copies to be filed in person or by mail. Always check with your local court for their submission guidelines.

What do I do if I make a mistake on the FL 330 form?

If you make an error on the FL 330 form, it's important to correct it. Depending on the severity of the mistake, it might be as simple as crossing out the incorrect information and writing the correct details. However, if the error is substantial, you may need to complete a new form altogether to prevent confusion.

Is there a deadline for filing the FL 330 form?

Yes, there is a deadline for filing the FL 330 form after documents have been served. It is generally required to be submitted shortly after the service is completed, ensuring compliance with court timelines. It's always a good practice to check specific court instructions for exact deadlines to avoid any potential issues.

Where can I find the FL 330 form?

The FL 330 form can be found on the California court's official website and is usually available in the self-help or family law sections. You can also obtain physical copies at your local courthouse. Make sure to use the most recent version of the form to ensure compliance with current regulations.

Common mistakes

Filling out the FL-330 form accurately is crucial for a smooth legal process. However, many people encounter pitfalls along the way. One common mistake is failing to provide the correct name of the person served. This is essential because if the name isn't accurate, the court may question the validity of the service.

Another frequent error involves the dates and times given when the documents were served. Individuals sometimes forget to include these details or provide inaccurate information. Without this data, it becomes challenging to create a timeline of events in the case.

People also struggle with understanding their status as a server. The form requires the server to specify if they are a registered process server, an employee of one, or a sheriff. Confusion around this can lead to incorrect selections, which the court may flag.

In providing contact information, many forget to include a phone number or opt not to give an address. This leaves important gaps that can hinder communication and follow-up. Complete contact details help significantly in maintaining transparency and accountability.

Sometimes, individuals rush through the form and skip key sections, thinking they are unnecessary. However, each part serves a purpose. Missing information can lead to delays as the court might need to request the missing details.

Legal jargon can be intimidating. Because of this, respondents may misinterpret what the instructions require. It’s essential to carefully read the directions provided alongside the form to avoid making misinformed choices.

Another mistake arises when individuals overlook the declaration under penalty of perjury. This declaration is critical, as it confirms the truthfulness of the statements made. Omitting a signature or failing to date the form can result in complications.

Some people might also forget to list all the documents served. Incomplete listings can create confusion, with the court unclear about what it has received. Each document mentioned plays a role in the case, so clarity is key.

Lastly, mistakes made during the submission process can lead to serious issues. For example, individuals might accidentally send the form without verifying that the proper versions are used or without paying required fees. Double-checking everything helps avoid these pitfalls.

By being aware of these common mistakes, individuals can approach the completion of the FL-330 form more confidently, ensuring accurate and effective service of their documents.

Documents used along the form

The FL-330 form, known as the Proof of Personal Service, is an essential document in legal proceedings regarding family law in California. It serves to confirm that specific court documents were served to the involved parties, ensuring that everyone is aware of the actions being taken in their case. Various other forms accompany the FL-330 to assist in the overall legal process, each serving a unique purpose.

  • FL-300: Request for Order - This form is used to request the court to make an order on specific issues such as child custody, support, or property. It lays the groundwork for what the requesting party wants the court to decide.
  • FL-310: Responsive Declaration to Request for Order - A party receiving a Request for Order can respond using this form. It outlines their position on the requested orders and any counter requests they may wish to make.
  • FL-150: Income and Expense Declaration - Often required in family law cases, this document provides a detailed account of a person's income and expenses, helping the court assess financial situations during support hearings.
  • FL-320: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - This form helps establish the jurisdiction for child custody matters, especially if parties reside in different states. It provides necessary information about the child's living situation.
  • FL-335: Declaration of Service - While the FL-330 proves that service occurred, the FL-335 is a separate declaration detailing how service was completed, offering additional verification for the court.
  • FL-340: Notice of Motion to Modify Child Support - When a party wishes to change an existing child support order, this form is used to notify the court and other parties about the motion to modify the terms.
  • FL-341: Child Support Information and Resources - This document aids parents by providing essential information regarding child support policies, resources for assistance, and guidelines on how to navigate support-related issues.

Understanding these accompanying forms is crucial for successfully navigating the complexities of family law in California. Each document plays a role in ensuring that all parties are informed and that the judicial process runs smoothly, providing clarity and structure to legal proceedings.

Similar forms

The FL-330 form, which serves as a proof of personal service in California family law cases, shares similarities with various other legal documents. Each of these forms facilitates the process of notifying parties involved in legal proceedings. Below are five documents that are similar to the FL-330 form:

  • FL-320 - Proof of Service by Mail: This document provides a record of serving legal papers to a party via mail. Like the FL-330, it ensures that the recipient is informed about court actions, but through postal delivery rather than personal service.
  • FL-140 - Income and Expense Declaration: While primarily focused on financial disclosure, the FL-140 also requires proof of service. Similar to the FL-330, it involves certifying that the document was delivered to the other party, illustrating the importance of proper notification in legal proceedings.
  • FL-300 - Request for Order: This form initiates a request to the court for specific orders. The FL-300 requires proof of service to demonstrate that the other party has been notified, linking it closely to the FL-330 in terms of ensuring proper engagement with court processes.
  • DW-10 - Proof of Service: This document is used in domestic violence cases to show that protective orders or notifications were properly served to involved parties. Similar to FL-330, it functions to assure the court that legal protocols have been followed regarding service.
  • JG-0002 - Proof of Service of Summons: This is utilized when serving a summons to initiate a legal proceeding. Like the FL-330, the JG-0002 confirms the details of service, ensuring that all parties are aware of the pending legal actions against them.

Dos and Don'ts

When filling out the FL-330 form, there are important dos and don’ts to keep in mind. Making sure that you get this right can help ensure a smoother process.

  • Do read the form thoroughly before you begin filling it out.
  • Do type or print clearly to avoid any misunderstandings.
  • Do provide accurate information, including names and addresses.
  • Do check all boxes or options that apply to your situation.
  • Don't skip any sections, even if they seem unimportant.
  • Don't forget to sign and date the form before submitting it.
  • Don't alter any information once it’s written down; if you make a mistake, start fresh.
  • Don't submit the form without reviewing it for accuracy.

Misconceptions

  • Myth 1: The FL-330 form is only for attorneys.

    This misconception is not accurate. While attorneys often use the FL-330 form, it is also available for individuals who represent themselves in court matters.

  • Myth 2: The FL-330 form is only necessary if you are a party in the case.

    In reality, anyone serving documents may need to complete this form, regardless of their role in the case.

  • Myth 3: The form can be completed after the papers are served.

    This is a misunderstanding. The FL-330 must be completed and filed with the court after the service occurs, ensuring that proof of service is documented promptly.

  • Myth 4: You do not need to specify the documents served.

    Actually, you must clearly list the documents you served, as this provides important context for the court.

  • Myth 5: Only registered process servers can serve documents.

    This is false. While registered process servers are one option, individuals who are at least 18 years old and not involved in the case can also serve documents legally.

  • Myth 6: Completing the FL-330 form is optional.

    This is incorrect. If you have served documents as part of a legal process, submitting the FL-330 form is generally required to verify that the service was completed properly.

  • Myth 7: Once the form is submitted, no further action is needed.

    This misconception overlooks the fact that additional steps may be required based on the court's instructions or specific case details. Always follow the court's guidelines after filing any documents.

Key takeaways

When it comes to completing and utilizing the FL-330 form, there are essential aspects to consider. Below are some key takeaways to help ensure proper completion and understanding of this form:

  • The FL-330 form is used for proof of personal service in family law cases in California.
  • It is vital that the individual completing the form is at least 18 years old and not a party to the legal action.
  • Provide specific details about the person you served, including their name.
  • Clearly list the documents that were served along with the FL-330 form.
  • Document the date, time, and address where the documents were personally delivered.
  • Indicate your qualifications, whether you are a registered process server or an employee of one.
  • If you are a California sheriff or marshal, you can certify the accuracy of the service.
  • The form must include a declaration under penalty of perjury, attesting to the truthfulness of the information provided.
  • Make sure to enter all the relevant details regarding the court case, such as case number and hearing date, if applicable.
  • Ensure the form is signed and dated by the person who conducted the service, confirming their identity and authority.

By following these guidelines, individuals can navigate the requirements of the FL-330 form with more confidence, ensuring that all necessary information is properly communicated to the court.