California Judicial Branch - Statewide Rules and Forms Service and Proof of Service Rules

In civil cases with both represented and self-represented parties, self-represented parties must be served by non-electronic means unless they affirmatively agree otherwise.

Source text: In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.

Courts must mail notice of proposed electronic filing orders to parties not consented to e-service, and may e-serve notice to consenting parties; parties have 10 days to oppose.

Source text: 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 or electronically served or such later time as the court may specify.

EFSPs must allow e-filing even if the filer does not consent to e-service.

Source text: (1) 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.

Electronic filers must provide one or more electronic service addresses as specified by the court, only if they have consented to or are required to accept electronic service.

Source text: 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.

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

Source text: 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.

OSC must be served like a summons and complaint when responding party has not appeared.

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

Moving and supporting papers must be served per CCP 1005 and applicable electronic service rules unless otherwise ordered or provided by law.

Source text: Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service.

Prevailing party must serve proposed order within 5 days of ruling via authorized means, ensuring delivery by next business day close.

Source text: 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.

Other parties must notify prevailing party of approval/disapproval within 5 days after service, stating reasons for disapproval; failure to notify is deemed approval.

Source text: Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval.

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

Source text: 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.

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

Source text: 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.

Multiple notices mailed to same household must be sent separately.

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

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

Source text: 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.

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.

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Mailed notices addressed in care of another person are insufficient unless the entitled person is an adult and provided written direction to send notice to the second person.

Source text: 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.

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

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

Notices to persons represented by an attorney of record must be sent in accordance with Probate Code section 1214.

Source text: 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.

Notice must be sent to the appointed guardian or conservator of a person entitled to notice.

Source text: 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 be sent to the ward or conservatee unless the court dispenses with notice or, in a decedent's estate proceeding, notice is personally served on a California-resident guardian or conservator of the estate.

Source text: 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 a California- resident guardian or conservator of the estate of the ward or conservatee.

Notice to a minor must be sent directly to the minor, with a separate copy to the person(s) with legal custody, except as permitted by Probate Code section 1460.1.

Source text: 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.

Notice must be sent to the personal representative of a postdeceased beneficiary, or their beneficiaries if no personal representative has been appointed.

Source text: 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.

Notice for predeceased beneficiaries must be sent to substitute beneficiaries named in the will, or to specified parties under Probate Code sections 21110(c) and 240 if no substitute disposition is made.

Source text: 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.

Notice must be given per rule 7.1015(e) if an Indian child is the subject of a guardianship or specified conservatorship proceeding and the court or petitioner knows or has reason to know.

Source text: 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).

Address changes must be reported to the court and all parties using form MC-040, with the new address used on all subsequent filings.

Source text: ⚠️ 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.

Documents eligible for service by mail, express mail, overnight delivery, or fax may be served electronically, with express consent required for Penal Code section 690.5 electronic service.

Source text: 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.

Parties or other persons may indicate consent to electronic service by serving a notice with their electronic service address and filing it, or via affirmative electronic consent with the court or its electronic filing service provider.

Source text: 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. A party or other person may manifest affirmative consent by serving notice of consent to all parties and other persons and either: (i) Agreeing to the terms of service with an electronic filing service provider, which clearly states that agreement constitutes consent to receive electronic service; or (ii) Filing Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV).

Parties or other persons who consented to electronic service and use an electronic filing service provider to serve/file documents consent to service on that provider as their agent until a different agent is designated.

Source text: 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.

Courts may require parties and other persons to serve documents electronically in specified civil actions via local rule or court order.

Source text: (1) 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. (2) A court may require other persons to serve documents electronically in specified civil actions by local rule, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.

Parties required to e-file must e-serve and accept e-service unless court orders otherwise or action includes self-represented parties not required to e-serve, who must be served non-electronically unless they consent.

Source text: 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.

Parties required to e-serve must provide their electronic service address to all parties and notify of any changes promptly.

Source text: 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).

Courts with permissive e-filing local rules may order parties in class, consolidated, coordinated, or complex actions to e-serve, provided no undue hardship, except when personal service is required.

Source text: 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.

Court must mail notice of proposed e-service order to non-consenting parties, e-serve consenting parties; opposition due 10 days after notice.

Source text: 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.

Parties consenting to or required to e-serve are responsible for e-service on all required parties, via direct means, agent, or EFSP.

Source text: 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.

Electronic service on nonparties is prohibited unless the nonparty consents or law/court order provides otherwise.

Source text: 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.

Parties must promptly file and e-serve notice of change of electronic service address on all parties and the court.

Source text: 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.

Electronic service via EFSP is complete when the EFSP transmits the document or sends electronic notification of service.

Source text: 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.

Proof of electronic service must be made as specified in Code of Civil Procedure section 1013b.

Source text: Proof of electronic service shall be made as provided in Code of Civil Procedure section 1013b.

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

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

Parties serving documents via electronic notification must ensure documents are accessible, preserve them unaltered, and maintain hyperlinks until case ends or 60 days after notice of withdrawal.

Source text: 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.

Court may e-serve documents; e-service on court allowed only if court consents or law/court order provides, with consent via notice or local rule.

Source text: (1) The court may electronically serve documents as provided in Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. (2) 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.

Court must send receipt and filing confirmations to e-filer's electronic service address and maintain records of all confirmations.

Source text: The court must send receipt and filing confirmation to the electronic filer at the electronic service address the filer furnished to the court under rule 2.256(a)(4). The court must maintain a record of all receipt and filing confirmations.

Receipt of filing confirmation sent by the court constitutes service of the filing if the document is available electronically, as provided in court electronic filing orders.

Source text: (5) The court's order may also provide that: (A) Documents previously filed in paper form may be resubmitted in electronic form; and (B) 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.

Parties may demand production of original signed documents; demands must be served on all parties and need not be filed with the court.

Source text: 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.

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

Source text: (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.

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

Source text: 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.

Rules in this chapter must be construed to authorize and permit electronic service to the extent feasible.

Source text: The rules in this chapter must be construed to authorize and permit filing and service by electronic means to the extent feasible.

Printed personal service of electronically transmitted summons has same legal effect as personal service of original summons.

Source text: 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.

E-filed initial pleadings (complaints etc.) may be printed and served same as paper-filed initial pleadings.

Source text: 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.

Court may electronically transmit summons to relevant parties upon e-filing of complaints, petitions, accusatory pleadings against corporations, or summonses in lieu of arrest warrants.

Source text: On the electronic filing of a complaint, a petition, or another document that must be served with a summons in a civil action, the court may transmit a summons electronically to the electronic filer in accordance with this subdivision and Code of Civil Procedure section 1010.6. On the electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor in accordance with this subdivision and Penal Code sections 690.5, 1390, and 1391. When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve the summons in accordance with this subdivision and Penal Code sections 690.5, 813, and 816a.