This is an official California Judicial Council form dealing with service of process. It may be used to declare the loss of a summons after service. Enter the information as indicated on the form and file with the court as appropriate.
The Santa Maria California Declaration of Lost Summons After Service is a legal document used in the state of California to address the situation of a lost summons after attempted service. It is important to note that there might be variations or similar forms of this declaration depending on the specific court or jurisdiction. Below is a detailed description of the Santa Maria California Declaration of Lost Summons After Service, including some relevant keywords: 1. Title and Purpose: The Santa Maria California Declaration of Lost Summons After Service is a formal legal instrument filed by a party or their attorney in a court in Santa Maria, California. Its purpose is to notify the court of a lost summons that was served on the defendant in a case, and to request the court's authorization to proceed with the case despite the lost document. 2. Parties Involved: The declaration typically outlines the names of the parties involved, including the plaintiff (the party initiating the lawsuit) and the defendant (the party being sued). 3. Description of Lost Summons: The document provides a detailed description of the lost summons, including the date and time of service, the identity of the person who served it, and any relevant information about the defendant's receipt or acknowledgment of the summons. 4. Explanation of Loss and Diligent Search: The declaration explains the circumstances that led to the loss of the summons and provides evidence of the party's efforts to locate the document, establishing that a reasonable and diligent search has been conducted. This may include a description of the steps taken to retrace the serving process, communicate with the process server, or search relevant records. 5. Statements under Penalty of Perjury: To ensure the declaration's accuracy and validity, the document typically includes a statement or declaration by the filing party, made under penalty of perjury, affirming the truthfulness of the information provided. 6. Request for Relief: The Santa Maria California Declaration of Lost Summons After Service concludes with a formal request to the court to issue a new summons or grant alternative relief that allows the case to proceed despite the lost document. This may involve requesting the court to validate a previous service attempt, allow substituted service, or employ other appropriate measures to notify the defendant of the pending case. 7. Supporting Documentation: Any supporting documentation that substantiates the claims made in the declaration, such as communication records, affidavits from process servers or witnesses, or any relevant photographs or receipts, may be attached to the declaration. It is crucial to consult the specific court or jurisdiction where the declaration will be filed, as there may be slight variations in the requirements and procedures for addressing lost summons after service.
