Free APP-009-INFO Information Sheet For Proof of Service (Court of Appeal) - California


File Size: 26.8 kB
Pages: 2
Date: June 24, 2009
File Format: PDF
State: California
Category: Court Forms - State
Author: Judicial Council of California
Word Count: 1,250 Words, 6,941 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courtinfo.ca.gov/forms/documents/app009info.pdf

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APP-009-INFO

INFORMATION SHEET FOR PROOF OF SERVICE (COURT OF APPEAL)
GENERAL INFORMATION ABOUT SERVICE AND PROOF OF SERVICE This information sheet provides instructions for completing Proof of Service (Court of Appeal) (form APP-009). This information sheet is not part of the proof of service and does not need to be copied, served, or filed. Rule 8.25 of the California Rules of Court provides that before filing any document in court in a case in the Court of Appeal, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule. Other rules specifically require that certain documents be served, including the notice of appeal and notice designating the record on appeal in civil appeals and briefs in both civil and criminal appeals. To "serve" a document on a person means to have that document delivered to the person. The general requirements concerning service are set out in Code of Civil Procedure sections 10111013a. There are two main ways to serve documents: (1) by mail and (2) by personal delivery. Regardless of what method of service is used, the Code of Civil Procedure provides that a document in a court case can only be served by a person who is:

Over 18 years of age; and Not a party in the court case.
If you are a party to the case, you must therefore have someone else who is over 18 and who is not a party to the case serve any documents in your case. You will need to give the person doing the serving (the server) the names and addresses of all those who must be served. You will also need to give the server one copy of each document that needs to be served for each person or entity that is being served. Rule 8.25 also requires the party filing a document in the court to attach to the document presented for filing a proof of service showing the required service. Proof of Service (Court of Appeal) (form APP-009) may be used to provide this required proof of service in any proceeding in the Court of Appeal. Tell the server to follow the instructions below for completing the Proof of Service (Court of Appeal) (form APP-009) and to give you the original form when it is completed. You will need to attach this original proof of service to the document you are filing. INSTRUCTIONS FOR THE SERVER (THE PERSON WHO IS SERVING THE DOCUMENTS) If you are serving a document for a party in a court case, it is your responsibility to prepare the proof of service. You can use Proof of Service (Court of Appeal) (form APP-009) to prepare this proof of service in any case in the Court of Appeal. The proof of service should be printed or typed. If you have Internet access, a fillable version of form APP-009 is available at www.courtinfo.ca.gov /forms. You can fill out most of the form before you serve the document, but you should sign and date the form only after you have finished serving the document. Complete the top section of Proof of Service (Court of Appeal) (form APP-009) as follows: 1. First box, left side: Check whether the document is being served by mail or by personal delivery. 2. Third box, left side: Print the name of the case in which the document is being filed, the Court of Appeal case number, and the superior court case number. Use the same case name and numbers as are on the top of the document that you are serving. 3. Box, top of form, right side: Leave this box blank for the court's use. Complete items 13 as follows: 1. You are stating that you are over the age of 18 and that you are not a party to this action. 2. Check one of the boxes and provide your home or business address. 3. Fill in the name of the document that you are serving. a. If you are serving the document by mail, check box a. and BEFORE YOU SEAL AND MAIL THE ENVELOPE, fill in the following information: (1) Check box (1)(a) if you will personally deposit the document with the U.S. Postal Service such as at a U.S. Postal Service Office or U.S. Postal Service mailbox; Check box (1)(b) if you will put the document in the mail at your place of business. Provide the date the documents are being mailed.
Page 1 of 2 Form Approved for Optional Use Judicial Council of California APP-009-INFO [New January 1, 2009]

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INFORMATION SHEET FOR PROOF OF SERVICE (Court of Appeal)

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APP-009-INFO

INFORMATION SHEET FOR PROOF OF SERVICE (COURT OF APPEAL)
(3) Provide the name and address of each person to whom you are mailing the document. If you need more space to list additional names and addresses, check the box after item (3)(c) and attach a page listing them. At the top of the page, write "APP-009, Item 3a." You are stating that you live or work in the county in which the document is being mailed. Provide the city and state from which the document is being mailed.

(4)

Once you have finished filling out these parts of the form, make one copy of Proof of Service (Court of Appeal) (form APP-009) with this information filled in for each person you are serving by mail and put this copy in the envelope with the document you are serving. Seal the envelope and mail the document as you have indicated on the proof of service. b. If you personally delivered the document, check box 3b. For a party represented by an attorney, delivery needs to be made by giving the document directly to the party's attorney or by leaving the document in an envelope or package clearly labeled to identify the attorney being served with a receptionist at the attorney's office or an individual in charge of the office. For a party who is not represented by an attorney, delivery needs to be made by giving the document directly to the party or by leaving the document at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. Under b, for each person to whom you delivered the document, you need to provide: (1) (2) (3) (4) The name of the person; The address at which you delivered the document; The date on which you delivered the document; and The time at which you delivered the document.

If you need more space to list additional names, addresses, and delivery dates and times, check the box under item 3b and attach a page listing this information. At the top of the page, write "APP-009, Item 3b." At the bottom of the form, print your name, sign the form, and fill in the date on which you signed the form. By signing, you are stating under penalty of perjury that all the information you have provided on Proof of Service (Court of Appeal) is true and correct. Give the original completed Proof of Service to the party for whom you served the document.

Page 2 of 2 APP-009-INFO [New January 1, 2009]

INFORMATION SHEET FOR PROOF OF SERVICE (Court of Appeal)