Article Guide
The FL-115 Proof of Service form is a critical document used in California family law cases to establish that legal papers have been properly served on the involved parties. This form is particularly relevant in situations involving marriage, domestic partnerships, and custody issues. It provides space for listing key details such as the name of the individual responsible for serving the documents, the date and time of service, and the method used, which may include personal service or mail. The form allows for the inclusion of all necessary legal documents, such as the Petition for Marriage or Custody, Summons, and various declarations. Specific instructions guide users on how to fill out the form, ensuring that those serving the documents adhere to California's Code of Civil Procedure. Additionally, the FL-115 requires a declaration confirming that the person serving the documents met legal age requirements and was not a party to the case. The form is designed to enhance clarity and accuracy in legal proceedings by documenting service activities comprehensively. This ensures that all parties are duly notified of the ongoing actions within the family law context, which is essential for maintaining the integrity of the legal process.
Form Sample
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Code of Civil Procedure, § 417.10 www.courts.ca.gov
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): |
FOR COURT USE ONLY |
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TELEPHONE NO.: |
FAX NO.: |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
CASE NUMBER:
PROOF OF SERVICE OF SUMMONS
1. At the time of service I was at least 18 years of age and not a party to this action. I served the respondent with copies of:
a. 
Family
b.
c.
Uniform Parentage: Petition to Establish Parental Relationship (form
Custody and Support: Petition for Custody and Support of Minor Children (form
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(1)
(2)
(3)
(4)
and
Completed and blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form
Completed and blank Declaration of Disclosure (form
Completed and blank Schedule of Assets and Debts (form
Completed and blank Income and Expense Declaration (form
(5)
(6)
(7)
(8)
Completed and blank Financial Statement (Simplified) (form
Completed and blank Property
Declaration (form
Request for Order (form
Other (specify):
2.Address where respondent was served:
3.I served the respondent by the following means (check proper boxes):
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Personal service. I personally delivered the copies to the respondent (Code Civ. Proc., § 415.10) |
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on (date): |
at (time): |
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Substituted service. I left the copies with or in the presence of (name): |
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b. |
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who is (specify title or relationship to respondent): |
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(1) |
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(Business) a person at least 18 years of age who was apparently in charge at the office or usual place of |
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business of the respondent. I informed him or her of the general nature of the papers. |
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(2) |
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(Home) a competent member of the household (at least 18 years of age) at the home of the respondent. I |
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informed him or her of the general nature of the papers. |
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on (date): |
at (time): |
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I thereafter mailed additional copies (by first class, postage prepaid) to the respondent at the place where the |
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copies were left (Code Civ. Proc., § 415.20b) on (date): |
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A declaration of diligence is attached, stating the actions taken to first attempt personal service.
Form Approved for Optional Use
Judicial Council of California
PROOF OF SERVICE OF SUMMONS
(Family
PETITIONER:
RESPONDENT:
CASE NUMBER:
3. c.
d.
Mail and acknowledgment service. I mailed the copies to the respondent, addressed as shown in item 2, by
from (city): |
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(1) |
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with two copies of the Notice and Acknowledgment of Receipt (form |
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envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt (form |
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(Code Civ. Proc., § 415.30.) |
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(2) |
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to an address outside California (by registered or certified mail with return receipt requested). (Attach signed |
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return receipt or other evidence of actual delivery to the respondent.) (Code Civ. Proc., §§ 415.40, 417.20.) |
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Other (specify code section):
Continued on Attachment 3d.
4.
5.
Person who served papers
Name:
Address:
Telephone number:
This person is
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exempt from registration under Business and Professions Code section 22350(b). |
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not a registered California process server. |
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c. |
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a registered California process server: |
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an employee or |
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an independent contractor |
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(1)Registration no.:
(2)County:
d. The fee for service was (specify): $
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
6.
I am a California sheriff, marshal, or constable, and I certify that the foregoing is true and correct.
Date:
(NAME OF PERSON WHO SERVED PAPERS)
(SIGNATURE OF PERSON WHO SERVED PAPERS)
PROOF OF SERVICE OF SUMMONS
(Family
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Document Specifications
| Fact Name | Fact Description |
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| Document Purpose | The FL-115 form serves as a Proof of Service for summons in family law cases. |
| Governing Law | This form is governed by California Code of Civil Procedure, § 417.10. |
| Eligibility | The server must be at least 18 years old and cannot be a party to the action. |
| Types of Cases | It applies to various family law situations, including marriage, domestic partnerships, and custody disputes. |
| Service Methods | Service can be done via personal delivery, substituted service, or mail and acknowledgment. |
| Personal Service Requirements | For personal service, the copies must be delivered directly to the respondent. |
| Substituted Service Details | Substituted service may involve leaving documents with a competent person at the respondent's home or business. |
| Acknowledgment of Receipt | Service by mail may involve sending a Notice and Acknowledgment of Receipt to be signed by the respondent. |
| Declaration of Diligence | If personal service fails, a declaration of diligence is required to show efforts made to serve the respondent. |
| Signing Requirement | The person who serves the documents must sign the form under penalty of perjury, affirming its truthfulness. |
Steps to Filling Out Fl 115 Proof Of Service
After obtaining and reviewing the FL-115 Proof of Service form, it will be necessary to complete it accurately to confirm that the proper legal documents were served to the respondent. Ensuring all sections are filled out correctly is crucial, as errors may delay proceedings or create complications in the case.
- Begin with the top section, where you’ll fill in your name, State Bar number (if applicable), address, telephone number, fax number, and email address.
- Indicate the name of the person you represent in the case by filling in the “Attorney for” section.
- Next, provide the name of the County, street address, mailing address, city, and zip code of the superior court where the case is filed.
- Fill in the names of the petitioner and respondent as they appear in the case documents. Input the case number in the space provided.
- For the section titled "Proof of Service of Summons," specify the age at the time of service and confirm that you were not a party to this action.
- List the documents served to the respondent by checking the appropriate box or boxes under item 1a through 1d.
- Provide the address where the respondent was served in item 2.
- In item 3, mark the method of service used (personal service, substituted service, mail, or acknowledgment service) and fill in the respective details such as the date and time of service.
- If applicable, ensure that additional documentation, like the declaration of diligence or Notice and Acknowledgment of Receipt, is attached as instructed.
- Identify the person who served the documents in item 5, including their name, address, and telephone number. Indicate whether they are a registered process server or exempt from registration.
- Finally, confirm the fee for service if applicable and provide a declaration under penalty of perjury, along with the date and signature of the person who served the papers.
More About Fl 115 Proof Of Service
What is the FL-115 Proof Of Service form?
The FL-115 Proof Of Service form is a legal document used in California family law cases. It serves to confirm that the required documents, such as the petition and summons, have been properly served to the respondent. This form ensures that the court is aware of the service and maintains the integrity of due process in legal proceedings.
Who can serve the documents?
Documents can be served by anyone who is at least 18 years old and not involved in the case. This means that family members, friends, or professional process servers can perform the service. It's important that the person serving the documents does not have a personal stake in the outcome of the case.
How should the documents be served?
The form provides different methods for serving documents. This includes personal service, where the documents are handed directly to the respondent. Alternatively, substituted service can be used if the respondent is unavailable. This involves leaving the documents with someone at the respondent's home or business and mailing copies afterward. Mail and acknowledgment service is another method valid for certain situations, involving sending the documents by first-class mail with a return acknowledgment.
What happens if the respondent cannot be served personally?
If personal service is not possible, substituted service may be utilized. This allows the server to leave the documents with someone else, such as a family member or business colleague, as long as that person is over 18 years old. After that, another copy should be mailed to the respondent to ensure they receive the documents. A declaration of diligence is required to show that reasonable attempts were made to serve personally before resorting to substituted service.
What should I do if I am not a registered process server?
If you are not a registered process server, you can still serve the documents as long as you meet the age requirement and are not a party to the case. The FL-115 form offers space to indicate whether the person who served the documents is exempt from registration or is a not registered California process server. Just be sure to follow the service requirements outlined in the form.
How do I complete the FL-115 form correctly?
To fill out the FL-115 form, include your name, contact information, and details about the service, such as how and when it was done. Specify the documents served and provide the information of the person who served them. Lastly, ensure to sign the form where indicated; this shows that the information is true and correct under penalty of perjury.
Common mistakes
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Neglecting to include the name of the person who served the papers. This omission can create confusion about who is responsible for the service.
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Failing to provide a complete address of the respondent. Inaccurate or incomplete addresses can complicate service and may lead to delays.
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Choosing the wrong method of service. If the method selected does not comply with legal requirements, the service may be deemed invalid.
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Not noting the date and time of service. These details are crucial for establishing when the respondent was officially served.
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Forgetting to attach necessary supporting documents. Forms like the Notice and Acknowledgment of Receipt (form FL-117) are often required to validate service by mail.
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Failing to check the appropriate boxes for service methods used. If the form is incomplete, it can lead to misunderstandings or legal challenges.
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Inputting incorrect information about their relationship to the respondent. Mistakes here can undermine the validity of the service process.
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Not signing and dating the form. A signature is vital; without it, the proof of service may not be accepted by the court.
Documents used along the form
The FL-115 Proof of Service form is a critical document in family law proceedings, ensuring that all parties are properly informed of ongoing legal actions. When filing this form, several other documents are often utilized in conjunction. Understanding these related forms can simplify the process, making it easier to navigate the complexities of family law.
- FL-100 Petition—Marriage/Domestic Partnership: This form initiates the legal process for divorce or legal separation. It outlines the basic details of the marriage or partnership and the reasons for dissolution, setting the stage for the entire case.
- FL-110 Summons: This document notifies a responding party that a legal action has been initiated against them. It contains essential information regarding the rights and obligations of the parties and the timeline for responding to the petition.
- FL-120 Response—Marriage/Domestic Partnership: After receiving the summons, the respondent uses this form to formally reply to the petition. It allows them to contest the claims made and present their perspective on the matter.
- FL-140 Declaration of Disclosure: This form is essential for transparency in financial matters. It requires both parties to provide full disclosure of their financial information, including income, expenses, and assets, to facilitate fair negotiations.
Familiarity with these related documents enhances one's ability to manage family law cases more effectively. Each form plays a unique role, contributing to the legal process and ensuring all parties involved have the information needed to navigate their situation responsibly.
Similar forms
The FL-336 Proof of Service form serves a similar purpose as the FL-115 form. It documents the service of papers in a civil case but is specifically used for petitioners in cases of civil harassment. Like the FL-115, it requires details about the party being served, the method of service, and the identity of the individual who performed the service. Both forms ensure that there is a record of service, which is essential for court proceedings.
The FL-320 Response to Request for Order form shares commonality with the FL-115 in terms of process involvement. The FL-320 is utilized when a party responds to a request for a court order, and it requires similar information regarding service. Both forms ask for the service details, including the recipient's identity and the method of how the documents were served. Accurate completion of both forms can significantly affect the outcomes of family law matters.
The FL-100 Petition for Dissolution of Marriage form closely resembles the FL-115 because both are foundational documents in family law cases. The FL-100 initiates the legal proceedings for marriage dissolution, while the FL-115 confirms that the divorce papers were delivered to the other party. Each form emphasizes the necessity of proper service, which is critical to ensuring the respondent is informed of the proceedings and can participate.
Finally, the FL-210 Summons form is also similar in that it is used to notify the respondent about the legal action being taken against them. Along with the FL-115, it includes specific requirements related to service, including how and when the documents must be delivered. Both the FL-115 and FL-210 establish a clear chain of communication in the legal process to ensure both parties are kept up to date with necessary court actions.
Dos and Don'ts
When filling out the FL-115 Proof Of Service form, keep these important tips in mind:
- Make sure to print clearly and legibly to avoid mistakes.
- Double-check personal information for accuracy, such as names and addresses.
- Indicate the method of service you used by checking the appropriate box.
- Be aware of the age requirement for the person serving the documents— they must be at least 18.
- Sign the form yourself, as it must be completed by the person who served the papers.
Here are some things to avoid:
- Do not leave out any required fields; complete every section to ensure validity.
- Refrain from using unauthorized methods of service that are not listed on the form.
- Avoid providing false information, as this can result in legal consequences.
- Do not forget to attach any declarations or additional documentation required.
Taking the time to follow these guidelines can help ensure a smoother process.
Misconceptions
Misconceptions about the FL 115 Proof of Service form can lead to confusion during the service process. Here are nine common misconceptions, along with explanations to clarify them:
- Only attorneys can serve papers. Many believe that only licensed attorneys can complete the Proof of Service. However, as long as the person serving the papers is over 18 and not a party to the action, they can do so, including friends or family members.
- The form is not necessary if service was done verbally. Some might think that if they inform the respondent verbally, the Proof of Service is unnecessary. However, the form is essential for providing legal evidence of service and must be completed regardless of how service was communicated.
- Any method of service is acceptable. There is a misconception that any way of contacting the respondent suffices. It’s important to use proper methods of service according to the law, like personal service or through mail. Each method has specific requirements that must be followed.
- Once the form is completed, it’s all done. Completing the form is just one step. You must file the form with the court to officially document that service has taken place; it is not effective until filed.
- The form does not require specifics about the service. Some may think they can be vague when filling out the form. The Proof of Service requires precise details, including dates, times, and methods used to serve the respondent for it to be valid.
- Service can be done at any address. People sometimes assume they can serve the documents at any location. In reality, service must occur at the respondent’s home or workplace, or through other legally acceptable methods.
- You can skip using a process server for personal service. While personal service is allowed, relying on a registered process server can ensure compliance with legal standards. This helps avoid potential issues later on.
- The responses on the form don’t need to be accurate. Some people overlook the importance of accuracy. Responses must be truthful and correct, as providing false information can impact the validity of the service.
- Once served, the respondent is automatically aware of their legal obligations. Just because a respondent has been served does not mean they fully understand their legal duties. Clarity in documentation helps prevent misunderstandings about what happens next.
Understanding these misconceptions can help ensure proper service is performed and that all legal requirements are met. When in doubt, seeking legal advice can provide guidance and peace of mind.
Key takeaways
Filling out and using the FL-115 Proof of Service form is a crucial step in legal proceedings. Here are some key takeaways to consider:
- Age Requirement: The person serving the documents must be at least 18 years old and cannot be a party to the case.
- Correct Forms: Ensure you have served the right documents. This may include various petitions and declarations specific to family law.
- Service Method: You can serve documents through personal delivery, substituted service, or mail. Each method has specific requirements that must be followed.
- Substituted Service Details: If you choose substituted service, provide the name and relationship of the person with whom you left the documents.
- Mail Requirements: When serving by mail, include a Notice and Acknowledgment of Receipt. Ensure the respondent receives it properly.
- Documentation: A declaration of diligence should accompany the form if personal service was attempted but not completed initially.
- Server Information: Include details about the person who served the documents, including their name, address, and whether they are a registered process server.
- Verification: The form must be signed under penalty of perjury, which confirms that the information provided is accurate.
Understanding these key points can help simplify the process and ensure that you follow legal protocols carefully.