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California Proof of Service (Appellate Division)

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APP-109 Proof of Service (Appellate Division)

Instructions

• This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division.

• The person who serves (delivers) a document in this case and who fills out this form:

° Must be at least 18 years old

° Must NOT be a party in this case

• Before you fill out this form, read What Is Proof of Service? (form APP-109-INFO) to understand your responsibilities.

Clerk stamps date here when form is filed.

You fill in the name and street address of the court that issued the decision that is being challenged in this case:

1

2

3 My home business address is:

Trial Court Case Number:

Trial Court Case Name:

4 I mailed or personally delivered the following document, as indicated below (check or fill in the name of the document you are serving and check and complete either a or b).

Notice of Appeal/Cross Appeal (Limited Civil Case)

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal (Limited Civil Case / Misdemeanor / Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)

Other (write in the name of the document):

a. Service by Mail

(1) I put one copy of the document identified in 4 in an envelope addressed to each person listed in (2), sealed the envelope, and put first-class postage on the envelope.

Appellate Division Case Number:

Appellate Division Case Name:

(2) The envelope or envelopes were addressed as follows:

(a) Name of person served:

Address on envelope:

(b) Name of person served:

Address on envelope:

Check here if you mailed copies of the document identified in 4 to more people. Attach a separate page listing the names and addresses on each additional envelope you mailed. Write “APP-109, Item 4a” on the top of the page.

(3) I mailed the envelope or envelopes on (date): from (city, state):

by depositing the envelope or envelopes (check one):

(a) With the U.S. Postal Service or

(b) At an office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service.

b. Service by Personal Delivery

I personally gave one copy of the document identified in 4 to each of the following people:

(1) (a) Name of person served:

(b) Address where you gave the documents to this person:

(c) Date when you gave the documents to this person:

(d) Time when you gave the documents to this person:

(2) (a) Name of person served:

(b) Address where you gave the documents to this person:

(c) Date when you gave the documents to this person:

(d) Time when you gave the documents to this person:

Check here if you gave copies of the document identified in 4 to more people. Attach a separate page listing the names of each of these people, the address where you gave each of them the document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name

Server signs here after serving

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What the California Proof of Service (Appellate Division) Is

A California Proof of Service (Appellate Division) is a sworn statement filed with an appellate clerk that documents how, when, and to whom court papers were delivered. It identifies the document served, the recipient, the date and method of service (personal delivery, mail, electronic service when allowed), and the person who performed service. The form is signed under penalty of perjury and becomes part of the court record to establish that opposing parties received required filings. Accurate proof supports compliance with appellate rules and preserves rights to notice and response.

Why a Proper Proof of Service Matters

A correct proof of service creates an official record that parties received filings, supports timeliness of appellate submissions, reduces disputes about notice, and helps the court decide procedural motions without delay.

Why a Proper Proof of Service Matters

Who Typically Prepares and Files This Form

Several parties may prepare or sign a proof of service depending on case role and local practice.

  • Appellate attorneys preparing and filing briefs and motions on behalf of clients in the Court of Appeal or superior court appellate matters.
  • Self-represented litigants who must attest to service details and file the proof to preserve their appellate filings.
  • Process servers, couriers, or in-house administrators who actually deliver documents and complete the server declaration portion.

Whoever completes the form must ensure accuracy because errors can create procedural risk or require corrective filings.

Step-by-step: Completing the Appellate Proof of Service

Follow a short sequential process to complete and file the form so the court record shows valid service.

  • 01
    Identify the case: Enter case caption and appellate case number exactly as on court papers.
  • 02
    Describe the document: List the exact title of the filed document (e.g., Opening Brief).
  • 03
    Record service details: Specify date, method, and the name/address of each recipient.
  • 04
    Sign under penalty: Server signs and dates the declaration under penalty of perjury.

Preparing and Submitting the Form Online

When using an e-filing or e-sign platform, configure document fields, authentication, and routing before sending for signature.

Field Configuration
Upload PDF Use a flattened PDF to preserve formatting and attachments.
Auto-fill fields Enable name, case number, and date auto-fill to reduce typing errors.
Signer authentication Use email plus SMS code or ID verification for server identity confirmation.
Certificate Capture audit trail (IP, timestamp) and attach to the filed copy.

Where to File and Where to Send Copies

Know both filing and service destinations: file with the clerk and serve the opposing parties in the manner required by the rules.

  • File with clerk: Submit the original or court-prescribed copy to the appellate clerk or via the court's e-filing system.
  • Serve opposing parties: Deliver copies to all counsel of record and unrepresented parties using approved methods.
  • Method-specific routing: Mail, personal delivery, or authorized electronic service must follow time rules for each method.
  • Retain proof: Keep a filed-stamped copy or e-filing receipt confirming clerk acceptance.

Digital Service and eFiling Considerations

Electronic submission and e-service are available in many appellate matters but must comply with court rules and platform requirements.

  • Document formats: PDF preferred; ensure searchable text for attachments.
  • Integrations: Use supported cloud storage and e-filing connectors for reliable transfers.
  • Authentication: Stronger signer authentication reduces later identity disputes.

Confirm the court accepts electronic proof of service and follow any local e-filing and e-service procedures before submitting.

Required Information Elements on the Form

Case Caption: Party names
Case Number: Docket number
Document Title: Exact title
Service Method: Mail, personal, electronic
Date of Service: MM/DD/YYYY
Server Details: Name and contact

Core Parts of a Professional Proof of Service

A complete proof of service contains consistent case data, an accurate service narrative, and a verifiable server declaration to meet appellate requirements.

Case Heading

A complete caption with court name and party names ensures the proof attaches correctly to the docket and prevents administrative misfiling.

Document Identification

Clearly state the exact title and exhibits of the document served so the court and parties know which filing the service entry references.

Recipient Details

List each recipient with mailing or electronic address and specify whether service was to counsel or an unrepresented party for clarity.

Method and Date

Describe the method of service (e.g., personal delivery, overnight courier, first-class mail, permitted e-service) and give the precise service date.

Server Declaration

The person who served must declare facts under penalty of perjury and include printed name, signature, date, and contact information.

Attachments and Proof

Include copies of certificates of mailing, courier receipts, or system-generated e-service confirmations as supporting evidence when available.

Consequences of an Incorrect or Missing Proof

Missed Deadlines: Late or absent proof
Motion Denial: Court may refuse relief
Sanctions Risk: Possible monetary sanctions
Rejection by Clerk: Form may be returned
Fee Exposure: Additional filing costs
Record Gaps: Appeal record may be incomplete

Common Errors to Avoid

  • Entering an incorrect case number or caption, which can cause misdocketing or rejection by the clerk.
  • Using ambiguous service method language; state exact method (for example, 'first-class mail, postage prepaid' rather than 'mailed').
  • Failing to sign the server declaration under penalty of perjury or omitting the server's contact information for verification.
  • Relying on unverified e-service without attaching system confirmation or checking that opposing counsel accepts that method.

Practical Tips for Accurate and Efficient Completion

Small process changes reduce errors and speed filing; adopt consistent templates and verification steps.

Standardize a template
Use a court-verified or firm-approved proof template to ensure fields are complete and consistent; automated templates reduce typographical errors and omissions.
Verify recipient addresses
Confirm counsel and party addresses against the court docket and recent filings; incorrect addresses may invalidate service and delay proceedings.
Capture supporting evidence
Attach courier receipts, postal certificates, or e-service confirmations to the proof so the clerk and opposing counsel can verify delivery.
Use reliable authentication
When signing electronically, apply appropriate authentication (email plus SMS or identity check) and retain the audit trail to support attribution.

Comparing eSignature Costs for Completing and Submitting Proofs of Service

Platform costs differ by pricing model and features; signNow appears first as a common option that offers basic and usage-based plans.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions

Answers to common questions about completing, signing, serving, and filing a California Proof of Service for appellate matters.


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