How Can I Sign California Claim

Proof Electronic Service 2017-2019 Form

how to serve court papers by mail service is a formal way of giving copies of all court documents to all parties in a case it is a very important step at all stages of a lawsuit because it notifies the parties of the existence of a court case and of all actions being taken in that case documents cannot be served by a party to the action someone who is over 18 and not a party in the case must perform all service it is important to note that until you serve a party with court documents your case cannot move forward often when court timelines are calculated they are counted from the date of service of papers therefore it is very important that you are aware of the timelines and deadlines in your case and be sure that all documents are served on time serving documents is one of the most important elements in any legal action it is very important that all documents are served properly improper service can negatively affect your case at the very least it may result in significant delays in some situations it may require you to spend a lot of time energy and money filing complicated motions and paperwork in some cases lingering problems with improper service may even result in the dismissal of your case throughout your case most documents may be served by mail there are certain papers that require personal service these cannot be served by mail common documents that require personal service include any documents that start in action such as a summons ex parte a notice of motion or ordered a show-cause other common documents that require personal service includes subpoenas restraining orders orders for examination and orders for appearance of judgment debtors there are other documents that may require personal service as well be sure to check the coast to determine if personal service is required in your situation unlike at the beginning of a case when serving documents by mail you can serve your documents before filing them with the court once service is complete your server will sign a proof of service which can be filed along with the documents that were served some documents such as discovery requests and discovery responses are not filed with the court if the documents being served do not require filing then the proof of service would not be filed at this time as I said earlier you cannot serve your own documents someone must do it for you selecting the appropriate person to serve your documents is very important because improper service can negatively affect your case be sure the person you choose will understand how to properly serve your papers the person you select must not be a party to the action if you have an attorney representing you in the case they will generally do the service by mail for you you can also hire a registered process server to mail the documents otherwise you will need to find a friend or family member to mail your documents this person must be over the age of 18 and not a party in the case California law prohibits anyone from serving documents more than 10 times per year without registering as a process server to avoid breaking this rule you may need to find more than one person to mail your documents if your case will have a lot of papers to be served over time serving documents by mail is a fairly easy process after completing your documents make three copies of everything if there is more than one other party make another copy for each additional party the original and two copies are for the court the other copies will be served for each party to be served your server will need to place one complete set of copies along with a filled out proof of service form in a sealed envelope the envelope must have sufficient postage and should be addressed to the party being served at an address where they regularly receive mail if the party is represented by an attorney the attorney rather than the party should be served in either situation the address to which the documents should be mailed can be found at the top of the other party's papers you may wish to photocopy the addressed stamped envelope for your records the envelope should then be deposited with the US Postal Service you can do this by turning the envelope in at the post office or placing it in a regular US Post Office mailbox if your place of business has regular mail pickup and you know for certain that the mail deposited in that outgoing mail will be delivered to the post office that same day you may place the envelope in the outgoing mail drop after mailing the documents the person performing service should complete and sign a proof of service form the proof of service let's the court know that certain documents have been served the proof of service is usually filed with the documents after service certain types of documents such as discovery requests and discovery responses are not filed with the court so the proof of service is not filed after the documents are served the proof of service should be completed and signed though for your records if problems arise in the future that require court intervention you will need to file the proof of service with the court for example if the other party does not respond to your discovery requests you can file a motion to compel responses with the court using your signed proof of service as evidence that the party received your requests some documents have their own proof of service forms if you were serving a document that has its own proof of service you will need to use that proof of service form if there is no special proof of service though you may use a general proof of service by mail form in the top portion of this form right in the party's name address and telephone number this is the party whose documents are being served in the attorney for section right in in pro per this means that the party is representing themselves in the next section of the form right in the county of the court handling the case as well as the address of the courthouse below that write the names of the parties in this case in this space for case number fill in the entire case number the second half of this form asks questions specifically about the service of documents the server will be signing this form under penalty of perjury so be sure that all information is correct in question to read in the home or business address of the person mailing the documents for question 3 enter the date and location the documents were mailed in this question they are asking for the city from which the documents were mailed in the second part of question 3 fill in the names of each document served the name of the document will appear on the document itself for pleading type documents the name of the document will appear on the right side of the option four fill-in-the-blanks forms the name of the document will appear at the bottom center of each page if you do not have enough room to list each individual document check this box and use form POS 0 300 D to list all of the documents have served in question 4 check the box describing how you mail the documents if you delivered the documents to the post office or put them in a regular US Post Office mailbox check the first box if you left the documents in your office's outgoing mail check the second box for question 5 fill in the name and address exactly as they appear on the envelope if several parties are being served check this box and use form POS 0 3 o key to list all parties served sign and date this form remember the server is signing this form under penalty of perjury if you have any other questions please don't hesitate to ask the reference librarian for more information