Amador — CH-200-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/ch200info.pdf

What Is "Proof of Personal Service"?CH-200-INFO

What is "service"? How do I have my court papers served?

Step 1: Choose a serverService is the act of giving your court papers to the other 0 party in your case. There are different ways to serve the The person who gives your court papers to the other other party: in person, by mail, and others. party is called a server. Your server must be at least Why do my court papers need to be 18-years-old. They must not be protected by the restraining order or involved in your case. Thisserved? Before a judge can grant a civil harassment restraining means that you cannot serve your own court papers. order (that can last up to five years), the person you want Step 2: Have your server give your court papers 0 a restraining order against must know about your request to the other party and have a chance to go to court to explain their side. Give your server these instructions: Also, if a restraining order is in place, the police cannot Before you serve the forms, note which formsarrest the restrained person for violating the restraining you have, including the name of the form order until the restrained person is served with the order. and the form number. See form CH-200 for What is "personal service"? a list of forms. Personal service is when someone, known as a server, Find the person you need to serve. Make sure personally delivers your court papers to the other party. you are serving the right person by asking the In most cases, these forms must be served on the other person's name. party by personal service: Give the person the papers. If the person refuses to take the papers, put them on the ground or • Form CH-109; somewhere next to the person. The person • Form CH-100; doesn't have to touch or sign for the papers. • Form CH-110; It is okay if they tear them up. • Form CH-120 (leave this form blank); Fill out form CH-200 completely and sign. • Form CH-120-INFO; and • File form CH-200 with the court or give form • Form CH-250 (leave this form blank). CH-200 to the person who is asking for the Who can serve my court papers? restraining order so they can file it. Step 3: File proof with the courtAny adult who is not protected by the restraining order 0 can serve your court papers. You cannot serve your The court needs proof that service happened and own court papers. that it was done correctly. If your server was successful, have your server fully complete and sign Some situations may be dangerous. Think about form CH-200. The person you want restrained people's safety when deciding who you want to does not sign anything. serve your papers.CD File form CH-200 with the court in your case as soonA sheriff or marshal will serve your court papers for free as possible. This information will automatically go if: into a restraining order database that police have • The court granted you a fee waiver; or access to. • The restraining order is based on stalking, violence, or a credible threat of violence. If the sheriff or marshal served your court papers, A registered process server is a business you pay to they may use another form for proof besides form deliver papers. To hire a process server, look for CH-200. Make sure a copy is filed with the court and "process server" on the internet or in the yellow pages. that you get a copy.

Judicial Council of California, www.courts.ca.gov What Is "Proof of Personal Service"? CH-200-INFO, Page 1 of 2 Rev. September 1, 2022, Optional Form (Civil Harassment Prevention) ➔

What Is "Proof of Personal Service"?CH-200-INFO

When is the deadline to serve my What happens if I can't get my court court papers? papers served before the court date? It depends. To know the exact date, you need to look You will need to ask the court to reschedule (continue) at two items on form CH-109. Follow these steps: your court date. Fill out and file form CH-115 and form 3 CH-116. These forms ask the judge for a new court Step 1: Look at the court date listed under0 0 on page 1. date and to make any temporary orders last until the end of the new court date.

If the judge gives you a new court date, the person you
3 Notice of Court Hearing want restrained will have to be served with form 0 A court hearing is scheduled on CH-115, form CH-116, and the original papers you
filed. You should keep a copy of form CH-115, form
Hearing Date:
Date CH-116, and a copy of your original paperwork. That
Dept.:
way, the police will know your orders are still in effect. 0
For more information on asking for a new court date,
read form CH-115-INFO.

Step 2: Look at the number of days written in 60 0 What if the other party is avoiding on page 2. (evading) service or cannot be located? If you've tried many times to serve the the restrained person, and you can show the judge that the restrained 6 Service of Documents by the Person person is avoiding (evading) service or cannot be At least □ five □ ___ days before the located, you may ask the court to allow you to serve another way. If you want to make this request, at your first court date tell the judge details about your attempts to have the restrained person served. The Step 3: Look at a calendar. Subtract the number of0 judge may require a written statement for this. days in 6 from the court date. That's the deadline to 0 have your court papers served. It's okay to serve your Read form CH-205-INFO, What If the Person I Want court papers before the deadline. Protection from Is Avoiding (Evading) Service or Cannot Be Located?, for more information. If nothing is written in 6 , you must have your 0 court papers served at least five days before your court date.

Rev. September 1, 2022, Optional Form What Is "Proof of Personal Service"? CH-200-INFO, Page 2 of 2 (Civil Harassment Prevention)