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The Court Proof Service form, known as APP-009, serves as an important tool in legal proceedings within the Court of Appeal. It establishes that a document has been properly served, whether through personal delivery or standard mail. Individuals using this form must first be at least 18 years old and not involved in the legal action at hand. This form requires detailed information such as the case name, case numbers, and the residence or business address of the person serving the documents. Users must specify whether they mailed or personally delivered the document in question, filling out the necessary sections to ensure proper documentation. If mailing, the form prompts users to verify that they followed appropriate mailing practices, including using prepaid postage. When delivering in person, information such as the recipient's name, address, and the date and time of delivery must be recorded. A declaration under penalty of perjury is also included, emphasizing the need for accuracy and honesty in the information provided. Completing this form correctly is essential, as it not only maintains the integrity of the legal process but also protects the rights of all parties involved.

Form Sample

APP-009

PROOF OF SERVICE (Court of Appeal)

Mail

Personal Service

Notice: This form may be used to provide proof that a document has been served in a proceeding in the Court of Appeal. Please read Information Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) before completing this form. Do not use this form for proof of electronic service. See form APP-009E.

Case Name:

Court of Appeal Case Number:

Superior Court Case Number:

1. At the time of service I was at least 18 years of age and not a party to this legal action.

2. My

residence

business

address is (specify):

3.I mailed or personally delivered a copy of the following document as indicated below (fill in the name of the document you mailed or delivered and complete either a or b):

a.

(1)

Mail. I mailed a copy of the document identified above as follows:

I enclosed a copy of the document identified above in an envelope or envelopes and

(a) deposited the sealed envelope(s) with the U.S. Postal Service, with the postage fully prepaid.

(b) placed the envelope(s) for collection and mailing on the date and at the place shown in items below, following our ordinary business practices. I am readily familiar with this business's practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope(s) with postage fully prepaid.

(2)Date mailed:

(3)The envelope was or envelopes were addressed as follows:

(a)Person served:

(i)Name:

(ii)Address:

(b)Person served:

(i)Name:

(ii)Address:

(c)Person served:

(i)Name:

(ii)Address:

Additional persons served are listed on the attached page (write “APP-009, Item 3a” at the top of the page).

(4)I am a resident of or employed in the county where the mailing occurred. The document was mailed from

(city and state):

 

Page 1 of 2

 

 

Form Approved for Optional Use

PROOF OF SERVICE

www.courts.ca.gov

Judicial Council of California

(Court of Appeal)

 

APP-009 [Rev. January 1, 2017]

 

Case Name:

APP-009

Court of Appeal Case Number:

Superior Court Case Number:

3.b.

(1)

(2)

(3)

Personal delivery. I personally delivered a copy of the document identified above as follows: Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Person served:

(a)Name:

(b)Address where delivered:

(c)Date delivered:

(d)Time delivered:

Names and addresses of additional persons served and delivery dates and times are listed on the attached page (write “APP-009, Item 3b” at the top of the page).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

APP-009 [Rev. January 1, 2017]

PROOF OF SERVICE

(Court of Appeal)

Page 2 of 2

Document Specifications

Fact Name Fact Description
Purpose The Court Proof Service form (APP-009) is used to provide proof that a document has been served in a proceeding before the Court of Appeal.
Governing Law This form is governed by the California Rules of Court, specifically Rule 8.25, which pertains to the service of documents in appellate proceedings.
Ages of Server At the time of service, the person completing the form must be at least 18 years of age and cannot be a party to the legal action.
Mailing Methods Service may be accomplished by mailing or personal delivery. When mailing, specific conditions regarding envelope handling and postage must be met.
Required Information The form requires the case name, Court of Appeal case number, and Superior Court case number, among other details.
Declaration Statement Submitters must declare under penalty of perjury that the information provided in the form is true and correct.
Usage Limitations This form should not be used for proof of electronic service; an alternative form (APP-009E) is designated for that purpose.

Steps to Filling Out Court Proof Service

After gathering the necessary information, you can begin filling out the Court Proof Service form. Attention to detail is essential to ensure accurate submission. Follow the steps outlined below to complete the form correctly.

  1. Indicate your age and status: Confirm that you are at least 18 years old and not a party in the legal action.
  2. Provide your address: Fill in your residence or business address where you can be reached.
  3. Document served: State the name of the document you are serving.
  4. Choose the method of service: Specify whether you used mail or personal delivery.
  5. If using mail:
    • Complete the mailing details:
      • Enter the date you mailed the document.
      • Provide the names and addresses of the persons served.
      • Ensure the envelope was addressed correctly.
    • Note your residence: Indicate that you are a resident or employed in the county where mailing occurred and include the city and state.
  6. If using personal delivery:
    • List the details of each person served:
      • Enter the name and address where the document was delivered.
      • Record the date and time of delivery.
  7. Include additional persons served: If necessary, attach a page with the heading "APP-009, Item 3a" for mail or "APP-009, Item 3b" for personal delivery to list anyone else served.
  8. Make a declaration: Sign and date the form, indicating the information is true and correct.

More About Court Proof Service

What is the purpose of the Court Proof Service form?

The Court Proof Service form (APP-009) is used to provide evidence that a document has been served in a proceeding at the Court of Appeal. This may include mailing or personal delivery of legal documents to the relevant parties involved in a case. It ensures that all required individuals are properly notified about the relevant actions taken in the legal proceedings.

Who can fill out the Court Proof Service form?

Anyone who is at least 18 years old and not a party to the legal action may complete this form. It is crucial that the individual filling it out has an address within the county where the mailing or delivery took place. This requirement helps maintain the integrity of the process and ensures that the person serving the documents is impartial.

What types of service are covered by this form?

This form allows proof of service through two primary methods: mailing and personal delivery. If you are mailing the document, you must indicate that it was sent via the U.S. Postal Service with the appropriate postage. For personal delivery, you will need to specify the individual served, including their name, address, and the date and time of delivery. Each method requires detailed information to confirm that the service was completed correctly.

What should I do if I need to serve additional persons?

If you need to serve more individuals than can fit in the designated spaces on the form, attach an additional page. On this page, write “APP-009, Item 3a” or “APP-009, Item 3b” at the top, depending on whether you're listing individuals served by mail or through personal delivery. Include the names, addresses, and details of each additional person served to ensure full compliance with service requirements.

Are there any documents that this form cannot be used for?

This form should not be used for electronic service. If you are serving documents electronically, you must use Form APP-009E instead. It is important to select the correct form to ensure that the service is deemed valid and complies with court rules.

Common mistakes

  1. Failing to read the Information Sheet for Proof of Service (form APP-009-INFO) before filling out the Court Proof Service form. Understanding the requirements is essential for accuracy.

  2. Not verifying that they are at least 18 years old and not a party to the legal action before completing the form. This is a mandatory requirement.

  3. Neglecting to provide complete and accurate addresses for all persons served. Incorrect information can lead to delays or complications.

  4. Forgetting to specify the method of service (mail or personal delivery) correctly, which is fundamental to establishing proof.

  5. Leaving out the date of mailing or delivery. This detail is crucial for determining compliance with deadlines.

  6. Omitting to include all additional persons served on an attached page. This could result in incomplete service records.

  7. Not providing their own address in the designated section on the form. This information is necessary for identification.

  8. Failing to sign and date the form appropriately. A signature is required to validate the proof of service.

  9. Using this form for electronic service, which is not permitted. It is essential to use the correct form (APP-009E) for electronic submissions.

Documents used along the form

When dealing with legal proceedings, several documents are often needed alongside the Court Proof Service form. Each of these helps to clarify the situation and ensure that proper procedures are followed. Below is a list of forms that are commonly used in conjunction with the Court Proof Service form.

  • APP-009E – Proof of Electronic Service: This form provides proof that a document has been served electronically. It details the methods used for the electronic service and includes information about the parties involved.
  • APP-008 – Notice of Appeal: This document is filed to formally initiate an appeal process. It must include the case name, case number, and the types of orders or judgments being appealed.
  • APP-003 – Civil Case Information Statement: This form gives the court essential information about the case. It includes details like the parties involved and the nature of the legal dispute.
  • APP-010 – Request for Extension of Time: When additional time is needed to file documents, this form requests an extension from the court. Specific reasons for the delay must be included, along with the new deadlines being sought.
  • APP-012 – Declaration of Service: This form outlines the specific ways in which documents were served to the parties. It helps confirm that all necessary parties have received the required paperwork.
  • APP-021 – Civil Case Cover Sheet: Used when initiating a new case, this sheet provides the court with a summary of essential information about the case type, parties, and nature of the issue.

Each of these documents plays a vital role in the legal process. Using them correctly can help ensure a smoother experience in court proceedings. Always consider the specific requirements for your case.

Similar forms

The Proof of Service form used in court proceedings can be compared to the Certificate of Service, another key document in legal contexts. Similar to the Court Proof Service form, a Certificate of Service provides verification that a legal document has been served to the relevant parties. The Certificate typically outlines the method of service, whether it was by mail or personal delivery, and requires the server to affirm their familiarity with the service process. In both documents, accuracy and completeness are crucial to ensure that all necessary parties have received the appropriate legal notices.

Another document akin to the Court Proof Service form is the Summons. A Summons serves to notify the defendant of a lawsuit against them and informs them of their obligation to respond. Like a Proof of Service, the Summons requires demonstration or acknowledgment of the service method. Both documents are foundational steps in a legal proceeding, helping to ensure that all parties are informed and have the opportunity to engage in the legal process.

The Affidavit of Service also shares similarities with the Court Proof Service form. This document is a sworn statement, often by a process server, confirming that service was successfully completed. The Affidavit outlines the details of how and when the documents were served, much like the Proof of Service. Both documents serve to establish a record of communication and ensure compliance with procedural rules in legal actions.

The Proof of Delivery notice is another document that serves a similar purpose. It provides evidence that a specific document was delivered to a party. While the Court Proof Service form focuses more specifically on legal documents served within court contexts, the Proof of Delivery can be utilized in various situations, including contracts, important notices, or general correspondence. Both documents help establish that a party received critical information.

Also related is the Service of Process document. This is a legal procedure for notifying people of their involvement in a court case. Serving legal papers to defendants or other parties can be documented with either the Service of Process form or the Court Proof Service form. Both highlight the importance of following proper procedures to ensure that all parties are duly informed and can participate in the proceedings.

The Return of Service form is similar in that it documents the completion of service. It typically includes details about the served documents and signatures from the serving individual, verifying that the service was successful. These forms serve a crucial role in demonstrating compliance with the law, and both ensure that due process is upheld for all parties involved.

The Notice of Motion and Motion is another document that overlaps in function with the Court Proof Service form. This legal document informs parties that a motion will be presented in court. Bringing attention to the scheduled motions also requires providing proof that the notice was adequately served to the involved parties, similar to the requirements of the Proof of Service form.

The Request for Admission document shares a similar purpose as well. Often in discovery, a Request for Admission is served to another party to confirm or deny the truth of specific statements. Ensuring that all parties receive this document and understand its implications is as critical as any proof of service. Both documents emphasize the importance of open communication between parties to facilitate the legal process.

Lastly, the Response to Demand for Production similarly aligns with the Court Proof Service form. This document responds to a request for documents or information made during discovery. The Response must often be served to other parties, necessitating proof of delivery and adherence to procedural rules, showcasing the shared goal of both documents in maintaining legal process integrity.

Dos and Don'ts

When filling out the Court Proof Service form, it's crucial to carefully follow these guidelines to ensure accuracy and compliance. Here are nine essential dos and don'ts:

  • Do read the Information Sheet for Proof of Service provided with the form.
  • Do print clearly when filling out your name and address.
  • Do confirm that you’re at least 18 years old and not a party to the case.
  • Do list the full name of the document you mailed or delivered.
  • Do include the correct addresses of all persons served.
  • Don't use this form for electronic service; a different form is required.
  • Don't forget to date the form accurately.
  • Don't leave any fields empty; fill in all required information.
  • Don't submit the form without signing it; a signature is essential.

Following these guidelines will help you avoid potential issues and ensure your submission is correct.

Misconceptions

  • Misconception 1: The Court Proof Service form is only for electronic service.
  • This form is specifically designed for providing proof of mailing or personal delivery in proceedings in the Court of Appeal. It is not applicable for electronic service.

  • Misconception 2: Anyone can complete the form.
  • The individual completing this form must be at least 18 years old and not a party to the legal action. This ensures unbiased service is recorded.

  • Misconception 3: I don't need to read the instructions before using the form.
  • It's essential to read the accompanying Information Sheet for Proof of Service. The instructions provide necessary details to complete the form accurately.

  • Misconception 4: The form can be used for any type of court case.
  • This form is strictly designated for the Court of Appeal. Using it for other court types may result in complications.

  • Misconception 5: It does not matter where the mailing occurs.
  • The form requires that the individual be a resident of or employed in the county where mailing happens. This confirms jurisdictional compliance.

  • Misconception 6: Personal service and mailing require the same information.
  • Though both methods involve serving a document, the details required for personal delivery differ from mailing. Careful attention must be given to each section.

  • Misconception 7: The date of mailing is optional.
  • The date of mailing is a critical piece of information that ensures proper record-keeping and compliance with court timelines.

  • Misconception 8: I can submit the form without verifying the details.
  • It is crucial to declare under penalty of perjury that the information is true and correct. Inaccuracies may lead to legal repercussions.

Key takeaways

When filling out the Court Proof Service form, consider the following key takeaways to ensure a smooth and accurate process:

  • Understanding the Purpose: This form is specifically for providing proof that a document has been served in a proceeding within the Court of Appeal. Be clear on its intended use.
  • Age and Affiliation: You must be at least 18 years old and not a party to the legal action. This ensures that only neutral individuals complete the process.
  • Complete Information: Fill in details such as the Case Name, Court of Appeal Case Number, and Superior Court Case Number accurately. Every piece of information helps maintain clarity.
  • Mailing Procedures: If you choose to mail the document, observe proper mailing protocols. This includes sealing, addressing, and ensuring postage is fully prepaid.
  • Personal Delivery: If you personally deliver documents, provide clear information about the recipient, including name, address, delivery date, and time. Documentation of these details is essential.
  • Accuracy and Truthfulness: Lastly, ensure that you declare under penalty of perjury that all provided information is true and accurate. This declaration adds to the form's legitimacy.

Following these guidelines can help streamline your experience with the Court Proof Service form, making it both efficient and reliable.