I am filing an out of state proof of personal service document in California. What do I have to do for the court to accept it?

Asked almost 2 years ago - Bakersfield, CA

Texas County , Oklahoma uses a different form from California . Is it possible to file this POS ?

Attorney answers (4)

  1. 4

    Lawyers agree

    Answered . I'd recommend for filing a proof of service in a California Superior Court case that you have the process server prepare and sign the standard Judicial Council Form. See link, below. There are several standard forms for proof of service, pick the one that applies to personal service of the summons and complaint, probably POS-010.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. 4

    Lawyers agree

    Answered . You should have the process server complete a proof of service that conforms to the rules of California if the case is filed in California. You may also have issues regarding whether you can properly compel someone from Oklahoma to appear in California.

  3. 4

    Lawyers agree

    Answered . I agree with counsel on this one, as to which form to use and file. California Code of Civil Procedure section 417.20 addresses out of state service in great detail, depending on how you completed service. That Code section states "[p]roof that a summons was served on a person outside this state shall be made: (a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence; (b) In the manner prescribed by the court order pursuant to which the service is made; (c) Subject to any additional requirements that may be imposed by the court in which the action is pending, in the manner prescribed by the law of the place where the person is served for proof of service in an action in its courts of general jurisdiction; or (d) By the written admission of the party. (e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed." Best of Luck to You.

  4. 2

    Lawyers agree

    Answered . i agree with the other responses.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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