SECTIONS 417.10-417.40 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 417.10-417.40

417.10. Proof that a summons was served on a person within this
state shall be made:
(a) If served under Section 415.10, 415.20, or 415.30, by the
affidavit of the person making the service showing the time, place,
and manner of service and facts showing that the service was made in
accordance with this chapter. The affidavit shall recite or in other
manner show the name of the person to whom a copy of the summons and
of the complaint were delivered, and, if appropriate, his or her
title or the capacity in which he or she is served, and that the
notice required by Section 412.30 appeared on the copy of the summons
served, if in fact it did appear.
If service is made by mail pursuant to Section 415.30, proof of
service shall include the acknowledgment of receipt of summons in the
form provided by that section or other written acknowledgment of
receipt of summons satisfactory to the court.
(b) If served by publication pursuant to Section 415.50, by the
affidavit of the publisher or printer, or his or her foreperson or
principal clerk, showing the time and place of publication, and an
affidavit showing the time and place a copy of the summons and of the
complaint were mailed to the party to be served, if in fact mailed.
(c) If served pursuant to another law of this state, in the manner
prescribed by that law or, if no manner is prescribed, in the manner
prescribed by this section for proof of a similar manner of service.
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time and
place of posting, and an affidavit showing the time and place copies
of the summons and of the complaint were mailed to the party to be
served, if in fact mailed.
(f) All proof of personal service shall be made on a form adopted
by the Judicial Council.

417.20. Proof that a summons was served on a person outside this
state shall be made:
(a) If served in a manner specified in a statute of this state, as
prescribed by Section 417.10, and if service is made by mail
pursuant to Section 415.40, proof of service shall include evidence
satisfactory to the court establishing actual delivery to the person
to be served, by a signed return receipt or other evidence;
(b) In the manner prescribed by the court order pursuant to which
the service is made;
(c) Subject to any additional requirements that may be imposed by
the court in which the action is pending, in the manner prescribed by
the law of the place where the person is served for proof of service
in an action in its courts of general jurisdiction; or
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time and
place of posting, and an affidavit showing the time and place copies
of the summons and of the complaint were mailed to the party to be
served, if in fact mailed.

417.30. After a summons has been served on a person, proof of
service of the summons as provided in Section 417.10 or 417.20 shall
be filed, unless the defendant has previously made a general
appearance.

417.40. Any proof of service which is signed by a person registered
under Chapter 16 (commencing with Section 22350) of Division 8 of
the Business and Professions Code or his employee or independent
contractor shall indicate the county in which he is registered and
the number assigned to him pursuant to Section 22355 of the Business
and Professions Code.