California Rules of Court Service and Proof of Service Rules

Service

Other to all parties

Any paper filed in court must be accompanied by proof that a copy was served on each party required to be served before the filing.

"Serve and file" means that a paper filed in a court must be accompanied by proof of prior service of a copy of the paper on each party required to be served under the rules in this chapter.

Service

Other to all parties

Papers submitted to an assigned judge must be delivered to that judge at a designated court address and be accompanied by proof of prior service; papers are instead submitted to the Chair of the Judicial Council if there is no assigned judge or if the paper is a rule 3.511(a) type.

"Serve and submit" means that a paper to be submitted to an assigned judge under the rules in this chapter must be submitted to that judge at a designated court address. Every paper so submitted must be accompanied by proof of prior service on each party required to be served under the rules in this chapter. If there is no assigned judge or if the paper is of a type included in rule 3.511(a), the paper must be submitted to the Chair of the Judicial Council.

Deadline

5 business days

Service

Other

Proof of service for moving papers must be filed at least five court days before the hearing.

Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.

Deadline

5 calendar days

Applies to

Proposed order

Service

Other to all parties

Within five days of the ruling, the prevailing party must serve the proposed order using a method that ensures delivery to all other parties by the close of the next business day.

Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order.

Service

Electronic service

Electronic filers must furnish one or more electronic service addresses as the court specifies, but only if they have consented to or are required to accept e-service.

Furnish one or more electronic service addresses, in the manner specified by the court. This only applies when the electronic filer has consented to or is required to accept electronic service.

Service

Electronic service

Electronic filers must immediately notify the court and all parties of any change to their electronic service address, if they have consented to or are required to accept e-service.

Immediately provide the court and all parties with any change to the electronic filer's electronic service address. This only applies when the electronic filer has consented to or is required to accept electronic service.

Service

Electronic service

Electronic filers who use an electronic filing service provider must supply that provider with the address for receiving documents and immediately report any change to that address.

If the electronic filer uses an electronic filing service provider, provide the electronic filing service provider with the electronic address at which the filer is to be sent all documents and immediately notify the electronic filing service provider of any change in that address.

Service

Electronic service

Parties required to file electronically must also serve and accept service of documents electronically, subject to exceptions for personal service, court orders, and self-represented parties.

Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless: (A) The court orders otherwise, or (B) The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.

Service

Electronic service

Documents may not be electronically served on a nonparty without the nonparty's consent or as provided by law or court order.

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.

Service

Electronic service

A party whose electronic service address changes while the case is pending must promptly file and serve a notice of change of address.

A party or other person whose electronic service address changes while the action or proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties and all other persons required to be served.

Deadline

5 court days

Service

Electronic service

Proof of electronic service of moving papers must be filed at least five court days before the hearing.

Under rule 3.1300(c), proof of electronic service of the moving papers must be filed at least five court days before the hearing.

Service

Mail

Notices sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.

Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.

Service

Mail

Notices mailed in care of another person are insufficient unless the recipient is an adult who directed in writing that the notice be sent in care of that person.

A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.

Service

Mail

Notices mailed to multiple people in the same household must be sent separately to each person.

Notices mailed to more than one person in the same household must be sent separately to each person.

Notice must be sent to a person's appointed guardian or conservator.

When a guardian or conservator has been appointed for a person entitled to notice, the notice must be sent to the guardian or conservator.

A copy of the notice must also be sent to the ward or conservatee unless the court dispenses with it or personal service on a California-resident guardian or conservator applies.

to notice, the notice must be sent to the guardian or conservator. (2) A copy of the notice must also be sent to the ward or conservatee unless: (A) The court dispenses with such notice; or (B) Under Probate Code section 1210 in a decedent's estate proceeding, the notice is personally served on

Notice to a minor must be sent directly to the minor, with a separate copy to the person(s) having legal custody with whom the minor resides.

Except as permitted in Probate Code section 1460.1 for guardianships, conservatorships, and certain protective proceedings under division 4 of the Probate Code, notice to a minor must be sent directly to the minor. A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.

ICWA notice must be given as prescribed in rule 7.1015(e) if an Indian child is the subject of a guardianship or specified conservatorship proceeding.

If the court or the petitioner knows or has reason to know, as described in section 224.2(d) of the Welfare and Institutions Code, that an Indian child is the subject of a guardianship or specified conservatorship proceeding, notice must be given as prescribed in rule 7.1015(e).

Applies to

Notice of hearing

Service

Mail to other

Notices sent by mail under Probate Code 1220 must be mailed individually and directly to the entitled person.

Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.

Applies to

Notice of hearing

Service

Mail

Notice mailed in care of another is insufficient unless adult with written direction.

A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.

Applies to

Notice of hearing

Service

Mail

Multiple notices mailed to same household must be sent separately.

Notices mailed to more than one person in the same household must be sent separately to each person.

Applies to

Notice of hearing

Service

Other

Notice to persons represented by attorney must be sent per Probate Code 1214.

If a notice is required or permitted to be given to a person who is represented by an attorney of record in the proceeding, the notice must be sent as required in Probate Code section 1214.

Applies to

Notice of petition to administer estate

Service

Publication

Publication of Notice of Petition to Administer Estate (form DE-121) suffices for instruments filed with petition; other instruments require amended petition and new notice.

Publication and service of a Notice of Petition to Administer Estate (form DE-121) under Probate Code sections 8110–8125 is sufficient notice of any instrument offered for probate that is filed with, and specifically referred to in, the petition for which notice is given. Any other instrument must be presented in an amended petition, and a new notice must be published and served.

Applies to

Ex parte application

Service

Other

Proofs of service of special notice or waivers must be filed with ex parte applications.

Proofs of service of special notice or written waivers of special notice must be filed with the application.

Service

Other to other

Copies of creditor claim allowance or rejection must be served on the creditor and their attorney.

Serve a copy of the allowance or rejection on the creditor and the creditor’s attorney;

Service

Other to other

Removed/resigned conservators must deliver final account and settlement petition to successor conservator per Probate Code 1215, unless court dispenses notice.

A conservator of the estate who has resigned or been removed must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the successor conservator of the estate in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

Service

Other to other

Conservators must deliver final account and settlement petition to former conservatee and spouse/domestic partner per Probate Code 1215, unless court dispenses notice.

After termination of a conservatorship, a conservator of the estate must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the former conservatee and the spouse or domestic partner of the former conservatee in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

Applies to

Final account

Service

Other to other

Resigned/removed guardians must serve final account, settlement petition, and hearing notice on successor guardian unless court dispenses.

A resigned or removed guardian of the estate must serve a copy of the guardian’s final account or report and the petition for its settlement, with the notice of hearing that must be served on the successor guardian of the estate under Probate Code section 1460(b)(1), unless the court dispenses with such service.

Applies to

Final account

Service

Other to other

Guardians must serve final account and settlement petition on the minor upon guardianship termination, unless court dispenses.

In addition to service of notices of hearing required under Probate Code section 1460(b), on termination of the guardianship the guardian of the estate must serve a copy of the guardian’s final account and petition for its settlement on the minor, unless the court dispenses with such service.

Deadline

15 calendar days

Applies to

Pre move notice of residence change

Service

Mail to other

Pre-move notice of ward residence change must be mailed 15 days before change, original filed with proof of mailing.

Unless an emergency requires a shorter period of notice, the guardian of the person must mail copies of a notice of an intended change of the ward’s personal residence to the persons listed below at least 15 days before the date of the proposed change and file the original notice with proof of mailing with the court.

Applies to

Post move notice of residence change

Service

Mail to other

Unless waived, post-move notice must be mailed to specified persons with proof of mailing filed with original.

Unless waived by the court for good cause to prevent harm to the ward, the guardian, the guardian’s attorney, or an employee of the guardian’s attorney must also mail a copy of the notice to the persons listed below and file a proof of mailing with the original notice.

Deadline

15 calendar days

Applies to

Pre move notice of change of residence

Service

Mail to other

Pre-move residence change notices must be mailed 15 days before change, original filed with proof of mailing.

Unless an emergency requires a shorter period of notice, the conservator of the person must mail copies of a notice of an intended change of the conservatee’s personal residence to the persons listed below at least 15 days before the date of the proposed change, and file the original notice with proof of mailing with the court.

Applies to

Motion to seal

Service

Other to other

Motions to seal under section 5976.5(e) must be served on other parties by close of the next court day after filing.

The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.

Applies to

Notice of transfer

Service

Mail to other

Clerk of transferring court must mail transfer order and notice to petitioner, respondent, counsel, and county behavioral health agencies.

The clerk of the transferring court must mail notice and a copy of the order to: (A) The petitioner and petitioner’s counsel, if any; (B) A former petitioner to whom the court has assigned notice rights under section 5977(b)(7)(B)(ii), if any; (C) The respondent, the respondent’s counsel, if any, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter, if any; (D) The county behavioral health agency of the county in which the petition was filed and the agency’s counsel, if the agency is not the petitioner; (E) The county behavioral health agency in the respondent’s county of residence and the agency’s counsel.

Applies to

Certified copy of transfer order

Service

Other to other

Transferring court clerk must transmit certified copy of transfer order and all case papers to receiving court.

The clerk of the transferring court must transmit to the clerk of the receiving court a certified copy of the order and all papers on file in the proceeding.

Applies to

Notification of receipt

Service

Mail to other

Receiving court must send written notification of receipt to transferring court upon receiving transferred case file.

When a court receives the case file of a transferred proceeding, the receiving court must send written notification of receipt to the transferring court.

Applies to

Notice of report order

Service

Personal service to respondent

Notice to respondent of report order must be served personally or by alternative method, with proof requirements for non-personal service.

Before engaging the respondent and preparing a report ordered under section 5977(a)(3)(B), the county agency ordered to file the report and serve notice of that order must give written notice to the respondent by serving the respondent personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

Deadline

5 calendar days

Applies to

Notice of extended report deadline

Service

Other to other

County agency must serve notice of extended report deadline within five calendar days of order on form CARE-106.

If the court grants the county agency additional time to engage the respondent in voluntary treatment and services before filing the report, the county agency must, within five calendar days of the order, serve written notice of the extended report deadline on the respondent, the respondent’s counsel, and the petitioner on form CARE-106 as provided in (d).

Applies to

Notice of initial appearance

Service

Personal service to respondent

Initial appearance notice to respondent must be personal or alternative service, with proof requirements for non-personal service.

Notice must be served personally on the respondent or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

Applies to

Notice of hearing

Service

Personal service to respondent

Post-initial appearance hearing notice to respondent must be personal/alternative service, include form CARE-113, with proof requirements for non-personal service.

Notice to the respondent must be served personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice and include a copy of Notice of Respondent’s Rights—CARE Act Proceedings (form CARE-113). Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

Applies to

Notice or document under rule 7.2235

Service

Other to other

Unless personal service is required, notices under Rule 7.2235 may be served by personal service, mail, fax, or electronic methods.

Unless personal service is required, any notice or other document required by this rule to be served may be served as follows: (1) Personally or by first-class mail, express mail, or overnight delivery on any person; (2) By fax transmission as provided in rule 2.306; or (3) Electronically as provided in Code of Civil Procedure section 1010.6 and rule 2.251.

Applies to

Order to show cause

Service

Personal service to local government entity

Order to show cause to join local government entity must be served on the entity in the manner of a summons under CCP 415.10 and 416.50.

The moving party must serve the order to show cause on the local government entity in the manner of a summons as provided in Code of Civil Procedure sections 415.10 and 416.50.

Deadline

15 calendar days

Applies to

Order to show cause non compliance

Service

Other to other

Clerk must serve order to show cause for non-compliance fines no fewer than 15 calendar days before hearing.

When a presiding judge or the presiding judge’s designee issues an order to show cause why the county or other local government entity should not be fined for not complying with court orders, as provided in section 5979(b)(2)(A), the clerk must serve the order to show cause on the county or other local government entity and the parties and their counsel no fewer than 15 calendar days before the date set for hearing.

When the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.

If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.

Service

Other to all parties

Notices or papers required to be served on a party must be served on the party's attorney of record, if one exists.

When a notice or other paper is required to be given or served on a party, the notice or paper must be given to or served on the party's attorney of record, if any.

Applies to

Proposed order

Service

Email to all parties

The editable word-processing version of the proposed order sent to the court must also be emailed to all parties in the action.

A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.

Any party may serve a demand for production of the original signed document; the demand is served on all other parties but need not be filed with the court.

At any time after the electronic version of the document is filed, any party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court.

Service

Electronic service

An electronic filing may proceed even when the filer does not consent to receive electronic service.

An electronic filing service provider must allow an electronic filer to proceed with an electronic filing even if the electronic filer does not consent to receive electronic service.

Service

Electronic service

Documents that may be served by mail, express mail, overnight delivery, or fax may be served electronically, and electronic service under Penal Code section 690.5 requires express consent.

When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.

Service

Electronic service

Consent to accept electronic service is shown by serving and filing notice that includes the electronic service address, or by manifesting affirmative consent with the court or EFSP and providing the service address.

A party or other person indicates that the party or other person agrees to accept electronic service by: (A) Serving a notice on all parties and other persons that the party or other person accepts electronic service and filing the notice with the court. The notice must include the electronic service address at which the party or other person agrees to accept service; or (B) Manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic service address with that consent for the purpose of receiving electronic service.

Service

Electronic service

A court may require parties to serve documents electronically in specified civil actions by local rule or court order.

A court may require parties to serve documents electronically in specified civil actions by local rule or court order, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.

Service

Electronic service

Parties required to serve and accept service electronically must provide their electronic service address and promptly notify others and the court of any changes.

Each party or other person that is required to serve and accept service of documents electronically must provide all other parties or other persons in the action with its electronic service address and must promptly notify all other parties, other persons, and the court of any changes under (g).

Service

Electronic service

A court may order all parties in class, consolidated, coordinated, or complex actions to serve documents electronically, unless it would cause undue hardship or significant prejudice or personal service is required.

If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to serve all documents electronically, except when personal service is required by statute or rule.

Service

Electronic service

A court acting on its own motion must give notice before ordering electronic service, and any party may file an opposition within 10 days after notice.

If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed, electronically served, or such later time as the court may specify.

Service

Electronic service

A newly added party ordered to electronically serve documents may object within 10 days after service of the order or later as the court specifies.

If the court has previously ordered parties in a case to electronically serve documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically serve documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.

Service

Electronic service

Parties who consent to or are required to e-serve are responsible for electronic service on all required parties and may serve directly, by an agent, or through a designated EFSP.

Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.

Service

Electronic service

Electronic notification service requires documents be viewable and downloadable via hyperlink, preserved unaltered, and the hyperlink maintained until the case ends or, for a departing party, until 60 days after notice.

A party or other person that serves a document by means of electronic notification must: (1) Ensure that the documents served can be viewed and downloaded using the hyperlink provided; (2) Preserve the document served without any change, alteration, or modification from the time the document is posted until the time the hyperlink is terminated; and (3) Maintain the hyperlink until either: (A) All parties in the case have settled or the case has ended and the time for appeals has expired; or (B) If the party or other person is no longer in the case, the party or other person has provided notice to all other parties and other persons required to receive notice that it is no longer in the case and that they have 60 days to download any documents, and 60 days have passed after the notice was given.

Service

Electronic service

When an EFSP is used for service, service is complete when the EFSP transmits the document or sends electronic notification of service.

If an electronic filing service provider is used for service, the service is complete at the time that the electronic filing service provider electronically transmits the document or sends electronic notification of service.

Service

Electronic service

Documents may be electronically served on a court only if it consents (by notice or local rule) or as provided by law or court order.

A document may be electronically served on a court if the court consents to electronic service or electronic service is otherwise provided for by law or court order. A court indicates that it agrees to accept electronic service by: (A) Serving a notice on all parties and other persons in the case that the court accepts electronic service. The notice must include the electronic service address at which the court agrees to accept service; or (B) Adopting a local rule stating that the court accepts electronic service. The rule must indicate where to obtain the electronic service address at which the court agrees to accept service.

Notice to a person represented by an attorney of record must be sent as required in Probate Code section 1214.

If a notice is required or permitted to be given to a person who is represented by an attorney of record in the proceeding, the notice must be sent as required in Probate Code section 1214.

When a beneficiary dies after the decedent, notice goes to that beneficiary's personal representative, or alternatively to the beneficiary's successors if no personal representative has been appointed.

Notice must be sent to the personal representative of a beneficiary who died after the decedent and survived for a period required by the decedent's will. If no personal representative has been appointed for the postdeceased beneficiary, notice must be sent to his or her beneficiaries or other persons entitled to succeed to his or her interest in the decedent's estate.

When a beneficiary dies before the decedent, notice goes to substitute beneficiaries named in the will, or to the predeceased beneficiary's issue, residuary beneficiaries, or heirs as specified.

When a beneficiary under the will of the decedent died before the decedent or fails to survive the decedent for a period required by the decedent's will, notice must be sent to the persons named in the decedent's will as substitute beneficiaries of the gift to the predeceased beneficiary. If the decedent's will does not make a substitute disposition of that gift, notice must be sent as follows: (A) If the predeceased beneficiary is a "transferee" under Probate Code section 21110(c), to the issue of the predeceased beneficiary determined under Probate Code section 240 and to the residuary beneficiaries of the decedent or to the decedent's heirs if decedent's will does not provide for distribution of the residue of the estate. (B) If the predeceased beneficiary is not a "transferee" under Probate Code section 21110(c), to the residuary beneficiaries of the decedent or to the decedent's heirs if decedent's will does not provide for distribution of the residue of the estate.

If your address changes, you must notify the court and other parties, using form MC-040, and use the new address on all later filings.

If your address changes, you will need to let the court and other parties in the case know. You can use Notice of Change of Address or other Contact Information (form MC-040) ↗️ . Then, use the new address on anything you file.

Service

Electronic service

A party who consents to electronic service and uses an EFSP to serve and file consents to service on that EFSP as its designated agent until a different agent is designated.

A party or other person that has consented to electronic service under (1) and has used an electronic filing service provider to serve and file documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party or other person in the case, until such time as the party or other person designates a different agent for service.

Service

Electronic service

Courts permitting or requiring electronic filing must maintain and make available an electronic service list with current service addresses.

A court that permits or requires electronic filing in a case must maintain and make available electronically to the parties and other persons in the case an electronic service list that contains the parties' or other persons' current electronic service addresses, as provided by the parties or other persons that have filed electronically in the case.

Service

Electronic service

An electronic service address is presumed valid if the party files electronic documents from that address and has not served notice that it is no longer valid.

An electronic service address is presumed valid for a party or other person if the party or other person files electronic documents with the court from that address and has not filed and served notice that the address is no longer valid.

Applies to

Initial pleading

A complaint or initial pleading filed and endorsed electronically may be printed and served as if filed in paper form.

A complaint or another initial pleading in an action or proceeding that is filed and endorsed electronically may be printed and served on the defendant or respondent in the same manner as if it had been filed in paper form.

Applies to

Summons

Service

Personal service

Personal service of the printed form of an electronically transmitted summons has the same legal effect as personal service of an original summons.

Personal service of the printed form of a summons transmitted electronically to the electronic filer has the same legal effect as personal service of a copy of an original summons.

Service

Other

Court may authorize notice by telephone, fax, or e-mail instead of personal delivery for temporary guardianship notice exceptions.

(3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or a combination of these methods, instead of notice by personal delivery to the proposed ward’s parents or to a person with a visitation order.

Applies to

Notice of hearing temporary conservator

Service

Other to other

Notice for temporary conservator appointments may be given via telephone, fax, email, or personal delivery instead of mail.

Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or personal delivery, or a combination of these methods, instead of or in addition to notice by mail to the proposed conservatee’s spouse or registered domestic partner and relatives.

Notice of a preliminary injunction request may be given by serving a noticed motion under CCP section 1005 or by obtaining and serving an order to show cause.

A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).

Service

Electronic service to all parties

Receipt of the court's confirmation of filing constitutes service of the filing on all parties if the filed document is available electronically.

When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.