Santa Barbara — APP-109-INFO

Source: https://www.courts.ca.gov/documents/app109info.pdf

APP-109-INFO What is Proof of Service?

When a document is electronically served, it must be GENERAL INFORMATION served either by electronic transmission or by electronic notification. “Electronic transmission” means sending the What does this information sheet cover? document to the person's electronic service address, an email address the person has given the court and the otherThis information sheet tells you how to fill out Proof of parties to the case for this purpose. “ElectronicService (Appellate Division) (form APP-109) or Proof of notification” means sending a notice to the person with theElectronic Service (Appellate Division) (form APP-109E). exact name of the document and a hyperlink—a link to aThis information sheet is not part of the proof of service web address—at which the document may be viewed andand does not need to be copied, served, or filed. downloaded. 1 What is "serving" a document? 2 What documents have to be served? “Serving” a document on a person means having the Rule 8.817 of the California Rules of Court requires thatdocument delivered to that person. The general before you file any document with the court in a case in therequirements for serving documents are set out in appellate division of the superior court, you must serve oneCalifornia Code of Civil Procedure sections 1010.6 -1013a copy of the document on each of the other parties in the(you can get a copy of these laws at any county law library case and on anyone else when required by law (statute oror online at www.leginfo.ca.gov.calaw.html). There are rule of court). Other rules require that certain documents inthree main ways to serve documents: (1) by mail, (2) by cases in the appellate division be served, including thepersonal delivery, or (3) by electronic service. notice of appeal and the notice designating the record on When a document is served by mail, it must be put in a appeal in appeals in limited civil cases and briefs in all sealed envelope or package that is addressed to the person appeals. (For more information about appeals in general who is being served and that has the postage fully prepaid. and about these documents, read Information on Appeal The envelope then has to be deposited with the U.S. Postal Procedures for Limited Civil Cases (form APP-101-INFO), Service by leaving it at a U.S. Postal Service office or mail Information on Appeal Procedures for Misdemeanors drop or at an office or business mail drop where the person (form CR-131-INFO), and Information on Appeal serving the document knows the mail is picked up every Procedures for Infractions (form CR-141-INFO).) day and deposited with the U.S. Postal Service. When a document is personally delivered to a party who is 3 Who can serve a document? represented by an attorney, the document must either be State law (the Code of Civil Procedure) says that agiven directly to the attorney representing that party or the document in a court case can only be served by a persondocument can be placed in an envelope or package who is over 18 years old. Service by mail or by personaladdressed to the attorney and left with the receptionist at delivery must be by someone who is not a party in the case;the attorney’s office or with a person who is in charge of electronic service may be performed directly by a party.the attorney’s office. When a document is personally served on a party who is not represented by an attorney, the If you are a party in a case and wish to serve documents by document must either be given directly to the party or the mail or by personal delivery, you must have someone else document can be given to someone who is at least 18 years who is over 18 and who is not a party in your case serve old at the party’s residence between the hours of eight in any documents in your case for you. You will need to the morning and six in the evening. give the person who is serving the document for you (the server) the names and addresses of all the people who needYou may be able to serve a document electronically if the to be served with that document. You will also need to giveperson being served has agreed to accept electronic service the server

server) the names and addresses of all the people who needYou may be able to serve a document electronically if the to be served with that document. You will also need to giveperson being served has agreed to accept electronic service the server one copy of each document that needs to beor if the court has ordered the person to accept electronic served for each person who is being served.service. The requirements for electronic service are set out

in California Code of Civil Procedure section 1010.6.

Judicial Council of California, www.courts.ca.gov Page 1 of 5Rev. January 1, 2021, Optional Form What is Proof of Service? APP-109-INFO,

APP-109-INFO What is Proof of Service?

If you are serving documents electronically, you can do so 6 How do I fill out the Proof of Service? yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the names These instructions are for Proof of Service (Appellate and electronic service addresses of everyone who must be Division) (form APP-109), if you are serving the document served, as well as the document to be served in a form that by mail or personal delivery. If you are serving the allows it to be electronically transmitted or made available document electronically, please see 7 , below, for by hyperlink. instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP-109E). 4 What is proof of service? You can fill out most of the information on Proof of A “proof of service” shows the court that a document was Service (Appellate Division) (form APP-109) by copying served as required by the law. Rule 8.817 also requires a the information from the document you are serving before party who is filing a document with the court in a case in you serve that document. However, you should not sign the appellate division to attach a proof of service to the and date the form until after you have finished serving the document the party wants to file. You can use Proof of document. By signing form APP-109, you are swearing, Service (Appellate Division) (form APP-109) or Proof of under penalty of perjury, that the information that you Electronic Service (Appellate Division) (form APP-109E) put in the form is true and correct. to give the court this proof of service in any case in the When you fill out the Proof of Service (Appellate Division) appellate division of the superior court. The server should (form APP-109), you should print neatly or use a follow the instructions below for completing the Proof of typewriter. If you have Internet access, you can fill out the Service (Appellate Division) (form APP-109) or Proof of form online at www.courts.ca.gov/forms (use the “fillable” Electronic Service (Appellate Division) (form APP-109E). version of the form). If another person is serving the documents for you—as is required if the document will be served by mail or personal Filling in the top section of form APP-109: delivery—tell the server to give you the original form when it is filled out and signed. You will need to attach the First box, right side of form: Leave this box blank for the original proof of service to the document you want to file. court’s use. If you are electronically filing the document, the proof of Second box, right side of form: Fill in the name of the service may also be filed electronically. However, the county in which the case is filed and the street address of original signed proof of service must be kept by the party the court. You can copy this information from the first filing the document and produced upon request. page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand INFORMATION FOR THE SERVER side of the form. Third box, right side of form: Fill in the trial court case 5 Who fills out the Proof of Service or name and number. You can copy this information from the Proof of Electronic Service? first page of the document that you are serving. If the document you are serving is another Judicial Council form,If you are the server (the person who serves a document for this information will be in the third box on the right-handa party in a court case), you must prepare and sign the side of the form.proof of service. If you served the document by mail or personal delivery, you can use Proof of Service (Appellate Fourth box, right side of form: Fill in the appellate division Division) (form APP-109) to prepare this proof of service case number, if you know it. If this number is available, it in any case in the appellate division. If you served the will be on the first page of the document that you are document electronically, you can use Proof of Electronic serving. If the document you are serving is another Judicial Service (Appellate Division) (form APP-109E) to prepare Council form, this number will be in the fourth box on the the proof of service. right-hand side of the form.

Rev. January 1, 2021 What is Proof of Service? APP-109-INFO, Page 2 of 5

APP-109-INFO What is Proof of Service?

Filling in items 1–5: (a) Check box 4a(3)(a) if you are personally depositing the document with the U.S. Postal Items 1 and 2 : You are stating, under penalty of Service, such as at a U.S. Post Office or U.S. perjury, that you are over the age of 18 and that you are not Postal Service mailbox. a party in this court case. (b) Check box 4a(3)(b) if you are putting the document in the mail at your place ofItem 3 : Check one of the boxes and provide your home or business.business address. This information is important because, if you serve the document by mail, you must live or work in Once you have finished filling out these parts of the the county from which the document was mailed. form, make one copy of Proof of Service (Appellate Division) (form APP-109) with this information Item 4 : Check or fill in the name of the document that filled in for each person you are serving by mail. Put you are serving. If the document you are serving is another this copy of Proof of Service (Appellate Division) Judicial Council form, the name of the document is located (form APP-109) in the envelope with the document on both the top and the bottom of the first page of the form. you are serving. Seal the envelope and mail it as you If the document you are serving is not a Judicial Council have indicated on the Proof of Service. form, the name of the document should be on the top of the b. Check box 4b if you personally delivered thefirst page of the document. documents. Remember, when a document is a. Check box 4a if you are serving the document by personally delivered to a party who is represented by mail. BEFORE YOU SEAL AND MAIL THE an attorney, the document must either be given ENVELOPE WITH THE DOCUMENT YOU ARE directly to the party’s attorney or the document can SERVING, fill in the following parts of the form. be placed in an envelope or package addressed to the attorney and left with the receptionist at the (1) You are stating, under penalty of perjury, that attorney's office or with a person who is in charge of you are putting one copy of the document you the attorney’s office. When a document is personally identified in item 4 in an envelope addressed to served on a party who is not represented by an each person listed in 4a(2), sealing the envelope, attorney, the document must either be given directly and putting first-class postage on the envelope. to the party or the document can be given to someone who is at least 18 years old at the party’s residence (2) Fill in the name and address of each person to between the hours of eight in the morning and six in whom you are mailing the document. You can the evening. copy this information from the list of people to be served or the envelopes provided by the party For each person to whom you personally delivered for whom you are serving the document. If you the document, fill in: need more space to list names and addresses, (1) (a) The person’s name. check the box under item 4a(2) and attach a page (b) The address at which you delivered the listing them. At the top of the page, write document to this person. “APP-109, Item 4a.” (c) The date on which you delivered the (3) Fill in the date you are mailing the document and document to this person. the city and state from which you are mailing it. REMEMBER: You must live or work in the (d) The time at which you delivered the document. county from which the document is mailed. If you need space to list more names, addresses, and delivery dates and times, check the box under 4b. and attach a page listing this information. At the top of the page, write “APP-109, Item 4b.”

Rev. January 1, 2021 What is Proof of Service? APP-109-INFO, Page 3 of 5

APP-109-INFO What is Proof of Service?

Item 5 : At the bottom of the form, type or print your Third box, right side of form: Fill in the trial court case name, sign the form, and fill in the date that you signed the number and name. You can copy this information from the form. By signing this form, you are stating under first page of the document that you are serving. If the penalty of perjury that all the information you filled in document you are serving is another Judicial Council form, on Proof of Service (Appellate Division) (form APP-109) this information will be in the third box on the right-hand is true and correct. side of that form. After you have finished serving the document and filled in, Fourth box, right side of form: Fill in the appellate division signed, and dated Proof of Service (Appellate Division) case number, if you know it. If this number is available, it (form APP-109), give the original completed form to the will be on the first page of the document that you are party for whom you served the document. serving. If the document you are serving is another Judicial Council form, this information will be in the fourth box on 7 How do I fill out the Proof of Electronic the right-hand side of that form. Service? Filling in items 1–5: You can fill out most of the information on Proof of Item 1 : You are stating, under penalty of perjury, that youElectronic Service (Appellate Division) (form APP-109E) are over the age of 18.by copying the information from the document you are serving before you serve that document. However, you Item 2 : should not sign and date the form until after you have a. Check one of the boxes and provide your home orfinished serving the document. By signing form business address.APP-109E you are swearing under penalty of perjury that the information you have put in the form is true b. Fill in your electronic service address. This is the and correct. address at which you have agreed to accept electronic You can fill out the Proof of Electronic Service (Appellate service, usually an email address. Division) (form APP-109E) online at www.courts.ca.gov/ Item 3 : Check or fill in the name of the document thatforms (use the “fillable” version of the form), or you can you are serving. If the document you are serving is another print it out and fill it in, printing neatly or using a Judicial Council form, the name of the document is located typewriter. on both the top and the bottom of the first page of the form. If the document you are serving is not a Judicial Council Filling in the top section of form APP-109E: form, the name of the document should be on the top of the first page of the document. First box, right side of form: Leave this box blank for the court’s use. Item 4 : Fill in the name of each person served, and the name or names of the parties represented, if the person Second box, right side of form: Fill in the name of the served is an attorney. For each person served, fill in that county in which the case is filed and the street address of person’s electronic service address and the date you served the court. You can copy this information from the first the person. If you need more space to list additional page of the document that you are serving. If the document persons served, check the box under item 4 b. and attach a you are serving is another Judicial Council form, this page listing them, with their electronic service addresses information will be in the second box on the right-hand and the date each person was served. At the top of the side of that form. page, write “APP-109E, Item 4.” When you have filled in the information in items 1–4, create an electronic copy of the Proof of Electronic Service (Appellate Division) (form APP-109E) with this information filled in. Transmit the filled-in form with the document you are serving to each person served.

Rev. January 1, 2021 What is Proof of Service? APP-109-INFO, Page 4 of 5

APP-109-INFO What is Proof of Service?

Item 5 : At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on the Proof of Electronic Service (Appellate Division) (form APP-109E) is true and correct. If you are not the party for whom the documents are served, give the original completed Proof of Electronic Service (Appellate Division) (form APP-109E) to the party for whom you served the document. If you are electronically filing the document that is served, the proof of service may also be filed electronically. However, the original signed proof of service must be kept by the party filing it and produced upon request.

Rev. January 1, 2021 What is Proof of Service? APP-109-INFO, Page 5 of 5 Print this form Save this form