Service of Notice and Other Papers: Service by Mail

You have a few options 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 your situation.

The following can serve paperwork:

1. An individual over the age of 18 that is not a party to the case
2. An attorney
3. 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 at 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 www.calspro.org/certified-servers/. The fees for Registered Process Servers vary depending on the location and 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.
• They will understand the legal documents that are being served.
• 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

• Fees cannot be waived with an Order on Application for Fee Waiver of Court Fees and Costs from the court.
• You are paying a fee for mailing documents.

Filing Party

1. Complete the forms and make a photocopy for each party to the case.

2. 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 MAIL!

Server

1. Complete a Proof of Service by Mail Form: Fill out, but DO NOT SIGN a Proof of Service by First-Class Mail-Civil Form (POS-030).

a. If there is not enough room on the Proof of Service by First-Class Mail Form to list all of the documents being served, attach the Attachment to Proof of Service by First-Class Mail Form (Documents Served) (POS-030(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-030(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 of the Attachments (if used) for each party that you are going to serve by mail.

3. Prepare the documents for service:

a. Place a copy of the documents to be served, the unsigned Proof of Service form, and the Attachments to the Proof of Service forms in an envelope. 

b. Address the envelopes to either the self-represented litigant(s) or the attorney(s) being served at the address listed in the caption of the court papers.

c. If a party is represented by an attorney, the attorney, not the party should be served.

d. There must enough postage on the envelope for the mailing.

e. Make a photocopy of the front of the envelope to give to the serving party.

4. Mail the documents: Mail the envelope using the U.S. Postal Service by:

a. Dropping it in the outgoing mail at a U.S. Post Office,

b. Placing it in a U.S. Postal Service mailbox, or

c. Placing it in a business's outgoing mailbox as long as the outgoing mail will be delivered to the Postal Service the SAME DAY.

5. Sign the original Proof of Service form.

Filing Party, Server, or Anyone Else

1. Make photocopies

a. Make two photocopies of the signed Proof of Service Form (POS-030).

b. Copies Packets: Photocopies of the documents served and photocopy of the Proof of Service Form (POS-030). These packets should be stapled. There should be packets for all parties to the case and the Serving Party, if they request a packet.

2. Assemble the documents for filing.

a. Originals Packet: The original documents that were served, and the original Proof of Service Form (POS-030) that is signed by the Server. These documents should be left unstapled.

b. Copies Packets: Photocopies of the documents signed and photocopy of the Proof of Service Form (POS-030). These packets should be stapled. There should be at least two packets, and if the Serving Party requested a packet, there should be a third 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. That way 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	Service Within California	Service Outside of California and Within U.S.	Service Outside U.S.
Motions & Supporting Documents (CCCP §1005(b))	Count backward 16 court days + 5 calendar days before hearing	Count backward 16 court days + 10 calendar days before hearing	Count backward 16 court days + 20 calendar days before hearing
Papers Opposing Motions (CCCP §1005(b))	Count backward 9 court days + 5 calendar days before hearing	Count backward 9 court days + 10 calendar days before hearing	Count backward 9 court days + 20 calendar days before hearing
Reply Papers (CCCP §1005(b))	Count backward 5 court days + 5 calendar days before hearing	Count backward 5 court days + 10 calendar days before hearing	Count backward 5 court days + 20 calendar days before hearing
Summary Judgment Motions (CCCP §437c(a)(2)) Must wait 60 calendar days after the defendant has answered or demurred to file Motion for Summary Judgment	Count backwards 75 calendar days + 5 calendar days before hearing date	Count backward 75 calendar days + 10 calendar days before hearing date	Count backward 75 calendar days + 20 calendar days before hearing date
Opposing Motion for Summary Judgment	Count backward 14 days + 5 calendar days before hearing date	Count backward 14 days + 10 calendar days before hearing date	Count backward 14 days + 20 calendar days before hearing date
Summary Judgment Reply Papers	Count backward 5 days + 5 calendar dates before hearing date	Count backward 5 days + 10 calendar dates before hearing date	Count backward 5 days + 20 calendar dates before hearing date
Deadlines to file 1) Notice of Intention to Move for a New Trial 2) Notice to Vacate a Judgment 3) Notice of Appeal	Not Extended by Service by Mail (see Code of Civil Procedure § 1013(a))