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The Proof of Service form is a crucial document in legal proceedings, ensuring that all parties are properly notified of actions taken in a case. This form is specifically designed for the service of summons and includes essential information about the parties involved, such as names, addresses, and case numbers. It outlines the methods of service utilized, whether it be personal service, substituted service, or service by mail, making it clear how documents were delivered to the involved parties. Detailed sections prompt the server to provide dates, times, and recipient information, which are all vital for legal verification. Additionally, it requires the server's declaration affirming their age and non-involvement in the case, bolstering the form's integrity. Completing this document accurately is paramount, as it demonstrates compliance with legal requirements and safeguards the rights of all parties involved in the litigation process.

Proof Of Service Example

 

 

 

 

POS-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

 

 

 

 

 

FOR COURT USE ONLY

 

 

 

 

 

 

To keep other people from

 

 

 

 

 

 

 

 

 

 

seeing what you entered on

 

 

 

 

 

 

your form, please press the

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

 

Clear This Form button at the

 

 

E–MAIL ADDRESS (Optional):

 

 

end of the form when finished.

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

PLAINTIFF/PETITIONER:

 

 

CASE NUMBER:

 

DEFENDANT/RESPONDENT:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ref. No. or File No.:

 

 

PROOF OF SERVICE OF SUMMONS

 

 

 

 

 

 

 

 

 

 

 

(Separate proof of service is required for each party served.)

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

2.I served copies of:

a. summons

b.

 

complaint

c.

 

Alternative Dispute Resolution (ADR) package

 

d.

 

Civil Case Cover Sheet (served in complex cases only)

 

e.

 

cross-complaint

 

f.

 

other (specify documents):

 

3.a. Party served (specify name of party as shown on documents served):

b.

Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

4.Address where the party was served:

5.I served the party (check proper box)

a.

 

by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to

 

 

receive service of process for the party (1) on (date):

 

(2) at (time):

b.

 

by substituted service. On (date):

at (time):

I left the documents listed in item 2 with or

 

in the presence of (name and title or relationship to person indicated in item 3):

(1)

(2)

(3)

(4)

(5)

(business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers.

(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers.

(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers.

I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on

(date):from (city):or a declaration of mailing is attached. I attach a declaration of diligence stating actions taken first to attempt personal service.

 

 

Page 1 of 2

Form Adopted for Mandatory Use

PROOF OF SERVICE OF SUMMONS

Code of Civil Procedure, § 417.10

Judicial Council of California

 

POS-010 [Rev. January 1, 2007]

 

 

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

5.c.

d.

by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid,

(1)

on (date):

(2) from (city):

(3)

 

 

with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed

 

 

 

 

 

to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)

(4)

 

 

to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

by other means (specify means of service and authorizing code section):

Additional page describing service is attached.

6.The "Notice to the Person Served" (on the summons) was completed as follows:

a.

 

as an individual defendant.

 

 

 

b.

 

as the person sued under the fictitious name of (specify):

 

 

 

 

 

 

 

c.

 

as occupant.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

On behalf of (specify):

 

 

 

 

 

 

 

 

 

under the following Code of Civil Procedure section:

 

 

 

 

 

 

 

416.10 (corporation)

 

 

415.95 (business organization, form unknown)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

416.20 (defunct corporation)

 

416.60

(minor)

 

 

 

416.30

(joint stock company/association)

 

416.70

(ward or conservatee)

 

 

 

 

 

 

 

416.40

(association or partnership)

 

416.90

(authorized person)

 

 

 

 

 

 

 

 

 

 

416.50

(public entity)

 

415.46

(occupant)

 

 

 

 

 

 

 

 

 

 

 

 

other:

 

7.Person who served papers

a.Name:

b.Address:

c.Telephone number:

d.The fee for service was: $

e.I am:

(1)

 

not a registered California process server.

 

(2)

 

exempt from registration under Business and Professions Code section 22350(b).

 

(3)

 

a registered California process server:

 

 

 

 

 

(i)

 

owner

 

employee

 

independent contractor.

 

 

 

 

 

(ii)Registration No.:

(iii)County:

8.

 

 

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

 

 

 

or

 

9.

 

 

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

 

 

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)

(SIGNATURE )

POS-010 [Rev. January 1, 2007]

PROOF OF SERVICE OF SUMMONS

 

 

 

 

For your protection and privacy, please press the Clear This Form

 

 

 

Save This Form

button after you have printed the form.

 

 

 

 

 

Print This Form

Page 2 of 2

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Form Characteristics

Fact Name Description
Purpose The Proof of Service form is used to confirm that legal documents, such as a summons, have been delivered to the parties involved in a lawsuit.
Age Requirement The individual serving the documents must be at least 18 years of age and cannot be a party to the legal action.
Types of Documents This form can be used to serve various documents including the summons, complaint, and in some cases, an Alternative Dispute Resolution package.
Service Methods Documents can be served by personal service, substituted service, mail with acknowledgment of receipt, or other means as specified by law.
Legal References The Proof of Service form is guided by the California Code of Civil Procedure, specifically sections 415.10, 415.20, and 415.30.
Declaration Requirement A declaration under penalty of perjury must be included, affirming that the details provided on the form are true and correct.

Guidelines on Utilizing Proof Of Service

After gathering all necessary information, you are ready to fill out the Proof of Service form. This document is essential for confirming that legal papers were delivered properly. Follow these steps to complete the form accurately.

  1. Fill in the section for Attorney or Party Without Attorney including your name, state bar number, and address.
  2. Provide your telephone number and, if applicable, include your fax number and email address.
  3. Indicate the name of the Attorney for (if applicable).
  4. Enter the Superior Court of California information, including street address, mailing address, city, zip code, and branch name.
  5. List the plaintiff/petitioner and defendant/respondent names and provide the case number.
  6. Complete item 2 by checking each document served: summons, complaint, and any others that apply.
  7. In item 3, specify the name of the party served and, if applicable, the name and relationship of the person authorized to receive service.
  8. Enter the address where the party was served in item 4.
  9. For item 5, check the appropriate box to indicate your method of service (personal, substituted, mail with acknowledgment, etc.) and fill in the required details.
  10. In item 6, complete the section for Notice to the Person Served according to the type of party served.
  11. Item 7 requires you to provide the name, address, and telephone number of the person who served the papers, along with any applicable registration information.
  12. Finally, affirm the truth of your statements in item 8 or 9 and input the date before signing the form.

Once filled out, review the form for accuracy before submitting it to the court. Ensure all required attachments are included, and remember to press the Clear This Form button to protect your personal information.

What You Should Know About This Form

What is a Proof of Service form?

The Proof of Service form is a legal document used to provide evidence that documents related to a legal case have been delivered to the relevant parties. It ensures that all parties involved have received necessary paperwork, such as summonses or complaint notices, which is crucial for the legal process to proceed smoothly.

Who can serve documents and complete the Proof of Service form?

The individual serving the documents must be at least 18 years old and cannot be a party to the action. This means that friends, family members, or professional process servers are often used to serve documents and complete this form. It is important that the server follows the specific rules for service to ensure it is legally valid.

What information is required on the Proof of Service form?

Key details need to be included on the form. This includes the names of the parties served, the type of documents delivered, the method of service (personal, substituted, or mail), and the date and time of service. Further, the server's information and a declaration affirming that the documents were served correctly must be included.

Can I serve documents by mail using the Proof of Service form?

Yes, documents can be served by mail. If you choose this method, you must send the documents using first-class mail and include a Notice and Acknowledgment of Receipt. The recipient must then sign this acknowledgment, which should be attached to the Proof of Service form. This provides proof that the documents were indeed mailed and received.

What does “substituted service” mean?

Substituted service is when the documents are not delivered directly to the person being served. Instead, they are left with another individual who is at least 18 years old and is in charge of their home or business. The server must also mail the documents to the intended recipient afterward, ensuring they have evidence that the documents were sent.

What happens if the Proof of Service is not completed correctly?

If the Proof of Service form is not filled out correctly, it could lead to complications in the legal process. A judge may dismiss your case or delay proceedings until proper service is completed. Thus, it is critical to ensure that all information is accurate and comprehensive.

Is there a fee associated with serving documents?

Yes, generally, there is a fee for having another party serve legal documents. The amount may vary depending on whether the server is a professional process server or a local sheriff. The fee amount should be specified on the Proof of Service form.

What is the importance of the "Notice to the Person Served" section?

This section is vital because it informs the individual being served about the nature of the documents and their rights. It ensures that they are aware of the legal actions being taken against them, which is key to due process. It must be completed accurately according to the various circumstances of the party being served.

Do I need to keep a copy of the Proof of Service?

It is recommended to keep a copy of the completed Proof of Service for your records. This serves as evidence that the required documents were served and provides you with a reference point in case any questions arise during the legal process.

What do I do after the Proof of Service is completed?

Once the Proof of Service is completed, it should be filed with the court as part of the overall case documentation. This provides the court with confirmation that all parties have been properly informed about the legal action, which is a key step in moving the case forward.

Common mistakes

Filling out the Proof of Service form can be straightforward, but errors often occur. One common mistake is not including all necessary information about the party served. When completing item 3, it’s vital to specify the name of the party exactly as it appears on the documents. Failure to do so can lead to confusion and potentially delay proceedings.

Another frequent error is the incomplete or inaccurate description of service type in item 5. Individuals sometimes forget to indicate whether the service was personal, substituted, or sent by mail. Each service type has specific requirements, and not adhering to these can render the Proof of Service invalid.

In addition to the type of service, the time and date of service must also be documented correctly. Item 5 requires not only the date of service but also the time. Omitting the time or providing an incorrect date could result in complications and jeopardize the case.

People also often neglect to complete the "Notice to the Person Served" section. This section is essential for clarifying the nature of the service. If this is not filled out completely, it can lead to questions about whether the service was done correctly, causing unnecessary legal challenges.

Lastly, signatures and declarations are crucial components. Missing a signature or failing to declare under penalty of perjury can invalidate the entire document. Ensuring all required fields are filled in, especially those that require declination or acknowledgment, is essential for the document’s acceptance in court.

Documents used along the form

When dealing with legal matters, a Proof of Service form is often accompanied by several other essential documents. Each of these documents serves a specific purpose, ensuring that all parties are properly informed and that the legal process proceeds smoothly.

  • Summons: This document notifies the defendant of the legal action being taken against them. It provides critical information about the case, including the requirements to respond.
  • Complaint: The complaint outlines the plaintiff's claims and the basis for the lawsuit. It describes the facts related to the case and the specific relief sought from the court.
  • Notice and Acknowledgment of Receipt: This form is usually mailed alongside the complaint and summons. It allows the defendant to acknowledge receipt of these documents formally, streamlining the service process.
  • Civil Case Cover Sheet: Required in complex cases, this document provides the court with essential information about the nature of the case. It assists in effective case management.
  • Declaration of Diligence: When personal service is difficult to achieve, this declaration outlines the efforts made to serve the defendant, demonstrating the attempts to fulfill service requirements.

Together, these documents help ensure compliance with legal procedures and contribute to the orderly progression of a case through the court system.

Similar forms

The Proof of Service form is an essential document used in legal proceedings to confirm that legal papers were properly delivered. It shares similarities with several other documents in the legal context. Here are four documents that are similar to the Proof of Service form, each serving a distinct but related purpose:

  • Notice of Service: Like the Proof of Service form, a Notice of Service formally informs parties that they have been served documents. It includes details about the documents served, the method of service, and the date and time of service, ensuring that all parties are aware of the proceedings.
  • Affidavit of Service: This document acts as a sworn statement confirming that service was executed in accordance with the law. Similar to the Proof of Service, it outlines who was served, how they were served, and when, providing a legal record of the service that can be relied upon in court.
  • Certificate of Mailing: A Certificate of Mailing provides evidence that documents were sent via mail to the intended recipient. Much like the Proof of Service, it includes specifics about what was mailed, the mailing method, and the date sent, reinforcing that notice was given.
  • Substituted Service Declaration: This document is used when personal service is not possible, and service is made through another method, like leaving documents with an individual at the recipient's address. It parallels the Proof of Service form in detailing the manner of service and maintaining a record of the attempts made to notify the recipient.

Each of these documents plays a crucial role in ensuring that due process is followed in legal proceedings, confirming that all parties receive notice of the actions being taken against them.

Dos and Don'ts

When filling out the Proof of Service form, it is essential to follow certain guidelines to ensure accuracy and validity. Below is a list of things you should and should not do during this process.

  • Do provide clear and accurate information about all parties involved. Each name must match the documents served.
  • Do specify the method of service clearly. Indicate whether the service was personal, substituted, or by mail.
  • Do include all necessary details such as date, time, and address. This information is critical for the court’s records.
  • Do attach any declarations of mailing if applicable. This proves that you followed the required procedures.
  • Do remember to sign and date the form. A lack of signature can invalidate the service.
  • Don't leave out any required sections. Omissions can lead to delays in processing your case.
  • Don't provide false information. Accurate details are crucial and lying can result in legal penalties.
  • Don't submit the form without reviewing it first. Errors can be costly and may require you to redo the process.
  • Don't forget to protect sensitive information. Press the "Clear This Form" button after completing the form.
  • Don't assume the court understands your shorthand. Use clear language for every part of the form.

Misconceptions

Misconceptions about the Proof of Service form can lead to confusion regarding its purpose and requirements. Below are some common misunderstandings:

  • All documents can be served together. Many believe that a single Proof of Service form can cover multiple documents. However, a separate proof of service is required for each party served. This ensures accuracy and compliance with legal standards.
  • Age requirement is not strict. Some may assume that the service can be completed by anyone. In reality, the person serving the documents must be at least 18 years old and not a party to the action. This condition ensures the objectivity of the process.
  • Electronic service counts as valid service. There is a misconception that electronically sending documents suffices as proof of service. In many cases, personal service, substituted service, or mail service with acknowledgment is necessary to meet legal requirements.
  • Proof of Service is only necessary for the plaintiff. It is a common belief that only the plaintiff needs to provide proof of service. In fact, all parties involved in a legal action must ensure that their documents are properly served and documented, regardless of their role.
  • The form can be signed by anyone. Some people think that any individual can sign the Proof of Service form. This is not the case; the form must be signed by the person who actually served the documents, or it may be completed by a sheriff or marshal in specific situations.

Key takeaways

Filling out and using the Proof of Service form (POS-010) is a critical step in the legal process. Here are key takeaways that can help individuals understand its importance and usage.

  • Recognize the Requirement: A separate Proof of Service is needed for each party being served in a case.
  • Age and Party Status: The person serving the documents must be at least 18 years old and cannot be a party to the action.
  • Document Identification: Clearly specify the documents being served, including the summons and any additional forms like the complaint or ADR package.
  • Service Methods: The form allows for various methods of service including personal service, substituted service, and mail service.
  • Specific Information: Provide detailed information about the individual or entity being served, including names and their relationship if applicable.
  • Documentation of Service: Dates and times of service must be accurately recorded for legal validity.
  • Verification: Any individual who serves the papers must declare under penalty of perjury that the information provided is true and accurate.
  • Confidentiality Measures: It is important to protect the privacy of sensitive information by using the 'Clear This Form' option after completing the document.

Understanding these key aspects can ensure that individuals fulfill legal obligations accurately and efficiently when using the Proof of Service form.

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