Date Of Service Of Summons In Contra Costa
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FAQ
In California, a process server can legally attempt to serve papers at any time of day. However, it is generally considered inappropriate and possibly harassing to serve papers late at night. Most process servers will attempt service during reasonable hours, typically between AM and PM.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
SECTION 583.210-583.250 (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.
The server must: Be at least 18 years old. Not be part of your case. Give your court papers to the other side by the deadline. Fill out a proof of service form. Give the proof of service form back to you so you can file it with the court.
(b) Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
You have 60 days from when you filed the lawsuit to have the papers served and to file proof with the court it was done. The court can give you more time to serve the defendant, but you need to be actively trying to have the papers served.
Q: Do I have to perform jury service if I'm over 70 years of age? A: There is no age exemption for jury service. If you are 70 years of age or older, the California Rules of Court allow you to be excused due to a medical condition without a doctor's note. You must inform the court that you are not able to serve.
In California, for most cases, personal service must be completed at least 16 court days before the court date. A court day is any day the court is open, typically Monday through Friday, excluding holidays. If the recipient resides outside of California, they must be served at least 20 days before the court date.
One Proof of Service per Party: A separate proof of service must be filed for each party who is served with a summons.
For personal service, your server must hand deliver the papers 16 court days before the court date. Get instructions for personal service.
