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

Asked about 2 years ago - Fresno, CA

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

Attorney answers (3)

  1. Alison Swicker Gokal

    Contributor Level 12


    Lawyers agree


    Best Answer
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    Answered . 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... more
  2. Frank Wei-Hong Chen

    Contributor Level 20


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    Answered . 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... more
  3. Che Lewellyn Hashim

    Contributor Level 8


    Lawyers agree


    Answered . 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... more

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