Free What Is Proof of Service? - California


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Date: June 24, 2009
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State: California
Category: Court Forms - State
Author: Judicial Council of California
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http://www.courtinfo.ca.gov/forms/documents/app109info.pdf

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APP-109-INFO

What Is Proof of Service?
serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute or rule of court). Other rules require that certain documents in cases in the appellate division be served, including the notice of appeal and the notice designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For more information about appeals in general and about these documents, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO), Information on Appeal Procedures for Misdemeanors (form CR-131INFO), and Information on Appeal Procedures for Infractions (form CR-141-INFO).) 3

GENERAL INFORMATION What does this information sheet cover?
This information sheet tells you how to fill out Proof of Service (Appellate Division) (form APP-109). This information sheet is not part of the proof of service and does not need to be copied, served, or filed. 1

What is "serving" a document?

"Serving" a document on a person means having the document delivered to that person. The general requirements for serving documents are set out in California Code of Civil Procedure sections 10111013a (you can get a copy of these laws at any county law library or online at www.leginfo.ca.gov.calaw.html). There are two main ways to serve documents: (1) by mail and (2) by personal delivery. When a document is served by mail, it must be put in a sealed envelope or package that is addressed to the person who is being served and that has the postage fully prepaid. The envelope then has to be deposited with the U.S. Postal Service by leaving it at a U.S. Postal Service office or mail drop or at an office or business mail drop where the person serving the document knows the mail is picked up every day and deposited with the U.S. Postal Service. When a document is personally delivered to a party who is represented by an attorney, the document must either be given directly to the attorney representing that party or the document can be placed in an envelope or package addressed to the attorney and left with the receptionist at the attorney's office or with a person who is in charge of the attorney's office. When a document is personally served on a party who is not represented by an attorney, the document must either be given directly to the party or the document can be given to someone who is at least 18 years old at the party's residence between the hours of eight in the morning and six in the evening. 2

Who can serve a document?

State law (the Code of Civil Procedure) says that a document in a court case can only be served by a person who is:


Over 18 years old; and Not a party in the court case

If you are a party in a case, you must have someone else who is over 18 and who is not a party in your case serve any documents in your case for you. You will need to give the person who is serving the document for you (the server) the names and addresses of all the people who need to be served with that document. You will also need to give the server one copy of each document that needs to be served for each person who is being served. 4

What is proof of service?

What documents have to be served?

Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must

A "proof of service" shows the court that a document was served as required by the law. Rule 8.817 also requires a party who is filing a document with the court in a case in the appellate division to attach a proof of service to the document he or she wants to file. You can use Proof of Service (Appellate Division) (form APP109) to give the court this proof of service in any case in the appellate division of the superior court. Tell the server to follow the instructions below for completing the Proof of Service (Appellate Division) (form APP109) and to give you the original form when it is filled out and signed. You will need to attach this original proof of service to the document you want to file.

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Judicial Council of California, www.courtinfo.ca.gov New January 1, 2009, Optional Form

What Is Proof of Service?

APP-109-INFO, Page 1 of 3
American LegalNet, Inc. www.FormsWorkflow.com

APP-109-INFO

What Is Proof of Service?
Fourth box, right side of form: Fill in the appellate division case number, if you know it. If this number is available, it will be on the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this number will be in the fourth box on the right-hand side of the form.

INFORMATION FOR THE SERVER
5

Who fills out the Proof of Service?

If you are the server (the person who serves a document for a party in a court case), you must prepare and sign the proof of service. You can use Proof of Service (Appellate Division) (form APP-109) to prepare this proof of service in any case in the appellate division. 6

Filling in items 15:
Items 1 and 2 : You are stating, under penalty of perjury, that you are over the age of 18 and that you are not a party in this court case. Item
3 : Check one of the boxes and provide your home or business address. This information is important because, if you serve the document by mail, you must live or work in the county from which the document was mailed.

How do I fill out the Proof of Service?

You can fill out most of the information on Proof of Service (Appellate Division) (form APP-109) by copying the information from the document you are serving before you serve that document. However, you should not sign and date the form until after you have finished serving the document. By signing form APP-109, you are swearing, under penalty of perjury, that the information that you put in the form is true and correct. When you fill out the Proof of Service (Appellate Division) (form APP-109), you should print neatly or use a typewriter. If you have Internet access, you can fill out the form online at www.courtinfo.ca.gov/forms (use the "fillable" version of the form). Filling in the top section of form APP-109:
First box, right side of form: Leave this box blank for the

Item 4 : Check or fill in the name of the document that you are serving. If the document you are serving is another Judicial Council form, the name of the document is located on both the top and the bottom of the first page of the form. If the document you are serving is not a Judicial Council form, the name of the document should be on the top of the first page of the document.

a. Check box 4a. if you are serving the document by mail. BEFORE YOU SEAL AND MAIL THE ENVELOPE WITH THE DOCUMENT YOU ARE SERVING, fill in the following parts of the form. (1) You are stating, under penalty of perjury, that you are putting one copy of the document you identified in item 4 in an envelope addressed to each person listed in 4a.(2), sealing the envelope, and putting first-class postage on the envelope. (2) Fill in the name and address of each person to whom you are mailing the document. You can copy this information from the list of people to be served or the envelopes provided by the party for whom you are serving the document. If you need more space to list names and addresses, check the box under item 4a.(2) and attach a page listing them. At the top of the page, write "APP-109, Item 4a."

court's use.
Second box, right side of form: Fill in the name of the

county in which the case is filed and the street address of the court. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand side of the form.
Third box, right side of form: Fill in the trial court case

name and number. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the third box on the right-hand side of the form.

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New January 1, 2009

What Is Proof of Service?

APP-109-INFO, Page 2 of 3

APP-109-INFO

What Is Proof of Service?
(d) The time at which you delivered the document. If you need space to list more names, addresses, and delivery dates and times, check the box under 4b. and attach a page listing this information. At the top of the page, write "APP-109, Item 4b."
Item
5 : At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on Proof of Service (Appellate Division) (form APP109) is true and correct.

(3) Fill in the date you are mailing the document and the city and state from which you are mailing it. REMEMBER: You must live or work in the county from which the document is mailed. (a) Check box 4a.(3)(a) if you are personally depositing the document with the U.S. Postal Service, such as at a U.S. Post Office or U.S. Postal Service mailbox. (b) Check box 4a.(3)(b) if you are putting the document in the mail at your place of business. Once you have finished filling out these parts of the form, make one copy of Proof of Service (Appellate Division) (form APP-109) with this information filled in for each person you are serving by mail. Put this copy of Proof of Service (Appellate Division) (form APP-109) in the envelope with the document you are serving. Seal the envelope and mail it as you have indicated on the Proof of Service. b. Check box 4b. If you personally delivered the documents. Remember, when a document is personally delivered to a party who is represented by an attorney, the document must either be given directly to the party's attorney or the document can be placed in an envelope or package addressed to the attorney and left with the receptionist at the attorney's office or with a person who is in charge of the attorney's office. When a document is personally served on a party who is not represented by an attorney, the document must either be given directly to the party or the document can be given to someone who is at least 18 years old at the party's residence between the hours of eight in the morning and six in the evening. For each person to whom you personally delivered the document, fill in: (a) The person's name. (b) The address at which you delivered the document to this person. (c) The date on which you delivered the document to this person.

After you have finished serving the document and filled in, signed, and dated Proof of Service (Appellate Division) (form APP-109), give the original completed form to the party for whom you served the document.

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New January 1, 2009

What Is Proof of Service?

APP-109-INFO, Page 3 of 3