The papers.
The documents a server most often delivers, and what each one does.
| Term | What it means |
|---|---|
| Summons | The court paper that tells a defendant a case has been filed against them and how long they have to respond. It is served with the complaint. |
| Complaint | The document that starts most civil cases, setting out what the plaintiff claims and asks for. |
| Petition | The starting document in some cases, such as divorce or probate, filed by a petitioner instead of a plaintiff. |
| Subpoena | A court order requiring a person to appear, for example to testify, or to produce documents or records. |
| Foreign subpoena | A subpoena from a case in another state. For discovery in California, it is submitted to the superior court clerk, who issues a California subpoena (CCP § 2029.300). |
| Request for Order | A family court request, on form FL-300, asking the judge to make or change orders such as custody or support. |
| Three-day notice | A landlord’s written notice to a tenant, for example to pay rent or quit, that comes before an eviction case. |
| Unlawful detainer | The court case a landlord files to recover possession of a rental, commonly called an eviction case. |
Official guidance for this sectionCalifornia Legislative Information: Code of Civil Procedure § 2029.300
Ways papers are served.
California’s Code of Civil Procedure allows several methods. Not every method fits every case.
| Term | What it means |
|---|---|
| Personal service | Handing the papers directly to the person being served. Complete at the time of delivery (CCP § 415.10). |
| Substituted service | Leaving the papers with a qualifying adult at a permitted location after diligent attempts, then mailing a copy. Complete on the 10th day after mailing (CCP § 415.20). |
| Notice and acknowledgment | Mailing the papers with a form the recipient signs and returns. Complete when the recipient signs (CCP § 415.30). |
| Service by publication | Publishing the summons in a newspaper, only when a court orders it after other methods could not work (CCP § 415.50). |
| Agent for service of process | The person or company a business names to receive legal papers on its behalf, listed with the Secretary of State. |
| Service on a public entity | Delivering the summons and complaint to the clerk, secretary, president, presiding officer or other head of the entity’s governing body (CCP § 416.50). |
Official guidance for this sectionCalifornia Legislative Information: Code of Civil Procedure § 415.10California Legislative Information: Code of Civil Procedure § 415.20California Legislative Information: Code of Civil Procedure § 415.30California Legislative Information: Code of Civil Procedure § 415.50California Legislative Information: Code of Civil Procedure § 416.50
The records.
What you receive after service, and what the court sees.
| Term | What it means |
|---|---|
| Proof of service | The signed form stating how, when and where the papers were served and who received them. It is filed with the court. |
| Declaration of due diligence | A signed list of the earlier attempts to serve someone in person, often filed with substituted service. |
| Attempt | One visit to try to serve the papers. Affid includes up to four attempts per recipient and address and records each one. |
| Conformed copy | A copy of a filed document stamped by the court clerk to show the filing, kept for your records. |
| Courtesy copy | An extra copy of a filed document delivered to the judge’s department when the court asks for one. |
Official guidance for this sectionCalifornia Courts: Serving court papers
People, places and time.
Who is involved, and the terms courts use for time.
| Term | What it means |
|---|---|
| Registered process server | A person registered with a county clerk to serve papers for pay. Registration is required for more than 10 services a year (B&P Code § 22350). |
| Sheriff or marshal | The county office that can serve court papers for a set fee in most counties. |
| Litigation coordinator | The staff member at each CDCR prison who handles legal matters, including how the facility receives papers. |
| Public entity | A government body such as the state, a county, a city or a district. A claim usually has to be presented before suing one for money (Gov. Code § 945.4). |
| Court day | A day the court is open. Weekends and court holidays are not court days. |
| Reasonable diligence | A genuine, documented effort to serve someone in person before using another method. |
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
California Legislative Information: Code of Civil Procedure § 415.10California Legislative Information: Code of Civil Procedure § 415.20California Legislative Information: Code of Civil Procedure § 415.30California Legislative Information: Code of Civil Procedure § 415.50California Legislative Information: Code of Civil Procedure § 416.50California Legislative Information: Code of Civil Procedure § 2029.300California Legislative Information: Penal Code § 4013California Legislative Information: Business and Professions Code § 22350California Legislative Information: Government Code § 945.4California Courts: Serving court papers
These are short, plain-language explanations to help you follow the process. They are not legal definitions or legal advice; the cited statutes and your court’s instructions control.
