Service of Notice and Other Papers: Personal Service

You have a few option for serving parties with papers. Each option has pros and cons, so each individual needs to weigh them carefully to determine which options are available, and to chose the best option for the situation.

The following can serve papers:

1. An Individual over the age of 18 that is not a party to the case

2. An attorney

3. The San Diego County Sheriff's Department, Court Services Bureau

4. A Registered Process Server

1. An individual who is 18 years or older and is not a party to the case. Documents may be served by anyone you know, a friend, family member, or neighbor, as long as they are not a party to the case.

Pros

• Can agree on a fee (or no fee).
• Can serve papers anytime they want.
• Can attempt service as many times as needed.

Cons

• You will need to know how to complete the proper Proof of Service forms, because the Server may not know how.
• Server may not understand the papers that they are serving.
• Non-professional servers make more mistakes when serving, which would result in the service or Proof of Service being defective.
• Service by an individual is not presumed valid by the courts. So, if the service is challenged in court, the burden for proving service is valid is on the serving party.
• An individual can only serve 10 documents per year. You must be a Registered Process Server to serve more than 10 documents (some exceptions do apply).

2. An attorney that represents you, or their staff, may serve the documents in your case, or arrange for someone else to serve the documents. In most cases, the attorney will determine the best manner for service.

3. Registered Process Server is a person that serves all types of legal documents. They can be located by either searching online or through the directory of registered process services found at Serve Now, a private company that refers to licensed process servers. The fees for Registered Process Servers vary depending on the location and the distance of travel. The individual process server will inform you of how many documents you will need to provide for service.

Pros

• The fees are generally reasonable.
• They will correctly complete the necessary forms for Proof of Service for filling.
• Service is presumed by the courts to be legally valid. When challenged, it is up to the challenging party to prove service is not valid. Cal. Evidence Code §647.
• They will understand the legal documents that are being served.
• They understand that multiple attempts are often needed to complete service.
• They may have more flexible hours or days for attempting service.
• Some may locate hard to find people for additional charges.
• Process servers must be bonded and licensed in the state in which they do business.

Cons

• Often more expensive than the Sheriff's Office.
• Fees cannot be waived with an Order on Application for Fee Waiver of Court Fees and Costs from the court.

4. The San Diego County Sheriff's Department, Court Services Bureau provides security services for the San Diego Superior Courts and County Administrative Center. The Civil Division is responsible for processing service for certain types of civil cases, like bank levies, claims, evictions, real & personal property levies and sales, summons, temporary restraining orders, and wage garnishments.

For more information about the types of cases the San Diego County Sheriff's Department, Court Services Bureau handles and the fees that they charge for service, go to their website at: www.sdsheriff.net/courts/.

Pros

• The fees are reasonable, and can be waived in some cases with an Order on Application for Fee Waiver of Court Fees and Costs from the court.
• The Sheriff's Department will correctly complete the necessary forms for Proof of Service for filling.
• Service by the Sheriff's Department is presumed by the courts to be legally valid. When challenged, it is up to the challenging party to prove service is not valid.
• The officers will understand the legal documents that are being served.
• The officers understand that multiple attempts are often needed to complete service.

Cons

• You must have a daytime address for the party being served.
• The hours that the Sheriff's Department will attempt service might be limited to regular business hours.
• The Sheriff's Department might only make a limited number of attempts at service.

Filing Party

1. Complete a Proof of Personal Service form. Fill out but DO NOT SIGN a Proof of Personal Service (POS-020).

     a. If there is not enough room on the Proof of Personal Service Form to list all of the documents being served, attach the Attachment to Proof of Personal Service Form (Documents Served) (POS-020(D)).

      b. If more than one party is being served by First Class Mail, attach the Attachment to Proof of Service by First-Class Mail Form (Persons Served) (POS-020(P)) and list on the Attachment all of the individuals served.

2. Photocopy the unsigned Proof of Service form: Make a copy of the unsigned Proof of Service form and all Attachments (if used) for each party that you are going to serve by mail.

3. Select your Server. Documents must be served by someone over the age of 18 who is not a party to the case. Give the copies of the documents to the Server. YOU CANNOT SERVE YOUR OWN PAPERS BY PERSONAL SERVICE!

Server

1. The person serving the papers [server] must be within speaking range of the person being served. (In re Ball (App. 1934) 2 Cal.App.2d 578, 38 P.2d 411).

2. If the server does not know the person being served, they must verify the identity of the person being served. One way to do this is to ask them!

• For Example, "Are you Pat Plaintiff?"

3. Inform the person that they are being served, and the nature of the documents.

• For Example, "I have these legal documents for you." or "I am serving you this subpoena for a lawsuit."

4. Give the documents to the person being served. If they refuse to take the documents, the documents can be left in the presence of the person, such as dropped at their feet.

5. The Proof of Service must be filed with the court. The party serving the paperwork, the server, or anyone else can file the papers with the court.

6. The server must then complete the Proof of Service Form (POS-020).

Filing Party, Server, or Anyone Else

1. Make photocopies.

    a. Make enough of the signed Proof of Service Form (POS-020) for all parties to the case.

    b. Make an additional copy of the documents for the Serving Party's records until the endorsed copy is received from the court.

2. Assemble the documents for filing.

    a. Originals Packet: The original documents that were served, and the original Proof of Service Form (POS-020) that is signed by the Server. These documents should be left unstapled.

    b. Copies Packets: Photocopies of the documents served and photocopy of the Proof of Service Form (POS-020). These packets should be stapled. There should be packets for all parties to the case and the Serving Party, if they request a packet.

3. File the original documents at the courthouse. The Clerk will stamp the copies "filed" and return them to you.

4. There are two options for the extra copies of the documents:

    a. Keep the copies of the documents for your records. If there are any accusations of improper service, you have the appropriate documentation to provide to other parties, or

    b. Mail the copies to the other parties for their convenience.

Type of Document	Must be filed and served
Motions and documents Supporting Motions	16 court days before scheduled hearing date of motion (CCCP §1005(b))
Papers Opposing Motions	9 court days before scheduled hearing date of motion (CCCP §1005(b))
Reply Papers	5 court days before scheduled hearing date of motion (CCCP §1005(b))
Summary Judgment Motions	60 days after defendant has answered or demurred (CCCP §437c(a)(1)) 75 calendar days before scheduled hearing date of motion (CCCP §437c(a)(2)) Hearing date must be 30 days before trial date (CCCP §437c(a)(3))
Opposing Summary Judgment Motion	14 days before scheduled hearing date (CCCP §437c(b)(2))
Summary Judgment Reply Papers	5 days before scheduled hearing date (CCCP §437c(b)(4))