Service of Notice and Other Papers: Home

This guide is an introduction to the methods available for service of notice and other papers. It is not intended to be a comprehensive resource and is not intended as legal advice. You will need to conduct your own research.

• All papers filed in lawsuits may be served.
• Some documents must be served.
• Some documents must be served personally (example: Summons & Complaints, Order to Show Cause, Temporary Restraining Order, & Subpoenas).

It is important to consult the civil codes to determine which category your document(s) falls under.

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What is Service?

During the course of a lawsuit, there are many documents that are filed with the court. The law requires that all parties involved in the case have formal notice of all papers that are filed with the court during the legal process. The legal way to give formal notice is to have the parties “served” with a copy of the paperwork that you have filed with the court. This is called “service of process.”

Service of Process has very specific procedural rules. It is important that you follow them. If the papers are not served in the correct way, at the correct time, the court cannot go forward with the case.

This guide is an introduction to the proper methods available for service of papers other than the summons and complaint. It is not intended to be a comprehensive resource. You may need to do additional research. If you need information about serving a summons or complaint, see our research guide Service of a Summons and Complaint.

What is Proof of Service?

The Proof of Service is a document that lets the court know that a party was served with court documents. It is filled out by the server after the documents have been served. The Proof of Service is then filed with the court in most situations. Many documents have their own Proof of Service form. If you are serving a document that has its own Proof of Service, you may need to use that Proof of Service form. Common documents with a specific Proof of Service form include:

• Summons for Most Type of Cases
• Civil Harassment Domestic Violence, and Workplace Violence Restraining Orders
• Subpoenas
• Many Probate, Family, Juvenile, and Small Claims Forms

If there is no special Proof of Service form, then you can use the general forms created by the California Judiciary.

Serving the proper person is very important. Your case cannot move forward until the right people have been served. The person that needs to be served depends on who is being sued.

• If you are suing one or more individuals, each person will need to be served. 
• When suing an unincorporated business, such as a sole proprietorship or a general partnership, serve the owner or one of the partners.
• When suing a corporation or limited liability company (LLC), serve the Agent for Service of Process.  All corporations and LLCs are required to register with the California Secretary of State, and designate a person to accept service on behalf of their business.
•  You can find the Agent for Service of Process through the California Secretary of State's website.
• When suing a local government agency, serve the clerk, secretary, or head of the agency.
• When suing a state agency, serve the Attorney General's Office.
  • EXCEPTION: If you are suing CalTrans, serve them directly.
• If the other party retains an attorney, documents should be served on the attorney, NOT the party.  (Cal. Rules of Court 1.21(a)).