2005 California Code of Civil Procedure Sections 417.10-417.40 Article 5. Proof of Service

CODE OF CIVIL PROCEDURE
SECTION 417.10-417.40

417.10.  Proof that a summons was served on a person within this
state shall be made:
   (a) If served under Section 415.10, 415.20, or 415.30, by the
affidavit of the person making such service showing the time, place,
and manner of service and facts showing that such service was made in
accordance with this chapter.  Such affidavit shall recite or in
other manner show the name of the person to whom a copy of the
summons and of the complaint were delivered, and, if appropriate, his
title or the capacity in which he is served, and that the notice
required by Section 412.30 appeared on the copy of the summons
served, if in fact it did appear.
   If service is made by mail pursuant to Section 415.30, proof of
service shall include the acknowledgement of receipt of summons in
the form provided by that section or other written acknowledgment of
receipt of summons satisfactory to the court.
   (b) If served by publication pursuant to Section 415.50, by the
affidavit of the publisher or printer, or his foreman or principal
clerk, showing the time and place of publication, and an affidavit
showing the time and place a copy of the summons and of the complaint
were mailed to the party to be served, if in fact mailed.
   (c) If served pursuant to another statute of this state, in the
manner prescribed by such statute or, if no manner is prescribed, in
the manner prescribed by this section for proof of a similar manner
of service.
   (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.
   (f) All proof of personal service shall be made on a form adopted
by the Judicial Council.
417.20.  Proof 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.
417.30.  After a summons has been served on a person, proof of
service of the summons as provided in Section 417.10 or 417.20 shall
be filed, unless the defendant has previously made a general
appearance.
417.40.  Any proof of service which is signed by a person registered
under Chapter 16 (commencing with Section 22350) of Division 8 of
the Business and Professions Code or his employee or independent
contractor shall indicate the county in which he is registered and
the number assigned to him pursuant to Section 22355 of the Business
and Professions Code.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.