Skip to main content

If attaching a proof of service to a motion, am I still required to fill out a serpater POS form to give the clerk?

Fresno, CA |

Filiing notice of motion and motion to strike. Attaching proof of service with motion being served.

Attorney Answers 3


  1. Best answer

    No. Just make sure your POS is proper, following all of the requirements of CCP Section 1013a

    While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.


  2. Generally I believe the clerk will take a POS related to such a notice and motion affixed to the original documents. You may run into some confusion with that method if you have a separate Notice and Motion (separate headings/documents) in which case it may be easier to have the POS be separate and reference both documents. If you call ahead the clerk may be able to answer this question depending on the procedure in your county, and if you can't get on the phone, bring as many different iterations of the filing and change for copies as you can to the clerk's office. if you're in pro per and polite, the clerk may be able to help you out. Good luck.

    The above answer is intended for general information only. It is not legal advice and does not establish an attorney client relationship. For a free consultation, users in Northern California may contact Che L. Hashim, Esq. at (415) 487-1700.


  3. Normally, the proof of service is attached as the last page of the document being filed with the court. If you do so, do not file a separate proof of service for the same document already filed.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.