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The FL-330 form, significant in family law proceedings, is utilized primarily for documenting proof of personal service. This standard form is integral in ensuring that all parties involved in a family court matter receive the necessary legal documents in a timely manner. It requires identification details for both the individual serving the documents and the person being served, along with specifics about the documents provided. Essential information, including the case number, hearing date and time, and the relevant court’s department, must be filled out accurately. Additionally, the form clarifies the status of the server, indicating whether they are a registered process server, a California sheriff or marshal, or exempt from registration. The server must declare the truthfulness of the information under penalty of perjury, affirming the authenticity of the service made. The FL-330 is a vital tool for maintaining transparency and legality within the judicial process, facilitating the correct handling of documents in family law cases.

Form Sample

FL-330

ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400,17406 (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO.:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

PROOF OF PERSONAL SERVICE

FOR COURT USE ONLY

CASE NUMBER:

(If applicable, provide):

HEARING DATE:

HEARING TIME:

DEPT.:

1.I am at least 18 years old, not a party to this action, and not a protected person listed in any of the orders.

2.Person served (name):

3.I served copies of the following documents (specify):

4.By personally delivering copies to the person served, as follows:

 

a.

Date:

b. Time:

 

 

c.

Address:

 

 

 

 

5.

I am

 

 

 

 

 

a.

 

 

not a registered California process server.

d.

 

 

exempt from registration under Business & Profession

 

b.

 

 

a registered California process server.

 

 

 

Code section 22350(b).

 

 

 

 

 

 

 

c.

 

 

an employee or independent contractor of a

e.

 

 

a California sheriff or marshal.

 

 

 

 

 

 

 

 

 

registered California process server.

 

 

 

 

6.

My name, address, and telephone number, and, if applicable, county of registration and number (specify):

7.

 

 

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

 

 

8.

 

 

I am a California sheriff or marshal and I certify that the foregoing is true and correct.

 

 

Date:

(TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS)

(SIGNATURE OF PERSON WHO SERVED THE PAPERS)

 

Page 1 of 1

Form Approved for Optional Use

Judicial Council of California FL-330 [Rev. January 1, 2012]

PROOF OF PERSONAL SERVICE

Code of Civil Procedure, § 1011

www.courts.ca.gov

Document Specifications

Fact Name Details
Form Title FL-330 - Proof of Personal Service
Governing Laws Family Code, §§ 17400, 17406; Code of Civil Procedure, § 1011
Purpose This form is used to provide proof of personal service of court documents.
Eligibility The server must be at least 18 years old and not a party to the action.
Service Method Documents must be personally delivered to the person being served.
Options for Server The server can be a registered California process server, an employee of one, or a sheriff/marshal.
Attestation The person serving the documents must declare the truth of the information provided under penalty of perjury.
Form Revision Date The current version of FL-330 was approved for optional use in January 2012.
Additional Information Contact information must be provided for the individual who served the documents.

Steps to Filling Out Fl 330

After gathering all necessary information, you will fill out the FL-330 form accurately to ensure it serves its purpose in the court proceedings. Follow these steps closely to complete the form properly.

  1. Begin by writing your name, State Bar number, and address at the top of the form. Ensure your contact information, including telephone and fax numbers, is current.
  2. Indicate the name of the person you are representing in the "Attorney for" section.
  3. Provide the name and address of the Superior Court where you will be filing the form.
  4. Fill in the details regarding the parties involved. List the names of the petitioner/plaintiff, respondent/defendant, and other parent/party as applicable.
  5. In the "Proof of Personal Service" section, enter the case number, hearing date, hearing time, and department, if those are known.
  6. Confirm that you are at least 18 years old and not a party to the action or a protected person. Mark this confirmation with a check.
  7. State the name of the person served in the designated space.
  8. Detail what documents were served. Clearly list the names of the documents.
  9. Specify how the service was conducted by noting the date, time, and address where personal delivery took place.
  10. Select your status as either a registered California process server, exempt from registration, an employee of a registered process server, or a California sheriff or marshal. Mark the appropriate box.
  11. Provide your name, address, telephone number, and any relevant information about your registration as a process server.
  12. Sign and date the form. If you are a California sheriff or marshal, ensure to certify the information is true and correct.

Review all details carefully before submitting the form to confirm that all information is accurate and fully completed. After submission, await further instructions regarding the next steps in the legal process.

More About Fl 330

What is the FL-330 form used for?

The FL-330 form, also known as the Proof of Personal Service, is used in California family law cases. It serves as official documentation that court papers have been delivered to a party involved in the case. Proper service is critical, as it ensures that all parties are notified and can take part in the legal process.

Who needs to fill out the FL-330 form?

What information must be included on the form?

The form requires details such as your name, contact information, and the name of the person served. You must also specify what documents were delivered, the date and time of service, and the address where the documents were served. Additionally, you will need to confirm your status as either a process server, a sheriff, or another qualified individual.

Can I serve the papers myself and use the FL-330 form?

What does proof of personal service mean?

Proof of personal service verifies that the person receiving the documents was handed the papers directly. This is often necessary in legal proceedings to ensure that everyone involved has been formally notified of actions being taken in court.

Are there any penalties for false information on the FL-330 form?

Yes, providing false information on the FL-330 can lead to severe consequences. The form includes a declaration that you are telling the truth under penalty of perjury, which means that you could face legal action if the information is proven to be false.

How do I submit the FL-330 form once it is completed?

After filling out the FL-330 form, you should file it with the court that is handling your case. Make sure to keep a copy for your records. Submissions can often be made in person or through e-filing, depending on the local court rules.

Is there a deadline for filing the FL-330 form?

Can I use the FL-330 form for different types of documents?

Is assistance available if I have questions about the FL-330 form?

Common mistakes

Filling out the FL-330 form accurately is crucial for successful court proceedings. However, there are common mistakes that individuals tend to make. Here’s a list to help avoid these pitfalls:

  1. Incomplete Personal Information:

    Many users forget to fill out their complete contact information, including their name, address, and telephone number. Omitting these details can lead to delays in court processes.

  2. Incorrect Service Details:

    The date, time, and address of service must be clearly recorded. Errors in these specifics can challenge the validity of the service, making the documents potentially unenforceable.

  3. Improper Signatures:

    Users sometimes neglect to sign the form. It's essential that the person serving the documents signs and dates the FL-330 to affirm that the information provided is accurate.

  4. Wrong Process Server Status:

    People may incorrectly identify their status as a process server or miss detailing their exemptions. Carefully selecting the right option ensures compliance with legal requirements.

By keeping these mistakes in mind, individuals can better prepare their FL-330 forms and contribute to a smoother legal process.

Documents used along the form

When dealing with the FL-330 form, there are several other forms and documents that often accompany it in family law cases. Each of these documents serves a specific purpose and helps facilitate the legal process. Here’s a brief overview of some of the most commonly used forms.

  • FL-300: Request for Order - This form is used to ask the court for a specific order. It outlines what the requesting party wants and includes details about the case, such as the hearing date and the relief sought.
  • FL-310: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - This document is important for cases involving child custody. It helps establish which court has the jurisdiction to make custody decisions based on where the child has lived.
  • FL-200: Petition for Dissolution of Marriage - Often filed at the start of divorce proceedings, this form formally begins the process. It outlines the basis for the divorce and the specific requests regarding property, support, and custody.
  • FL-150: Income and Expense Declaration - This form is used to provide the court with an overview of a party’s income, expenses, and financial situation. It is essential for cases involving spousal support or child support.
  • FL-320: Child Custody and Visitation Order - This document is crucial when determining custody arrangements. It specifies who will have physical and legal custody of the child and outlines visitation schedules.
  • FL-330: Proof of Personal Service - While this is the form in focus, it’s essential to note that it proves that all parties have been properly served with legal documents, ensuring everyone is informed about the proceedings.

Understanding these forms can greatly assist in navigating family law matters. Each document plays a role in ensuring that the legal process flows smoothly, protecting the rights and interests of all involved parties.

Similar forms

The FL-330 form, used primarily for proving personal service in family law cases, shares similarities with the FL-335 form, which is the Proof of Service by Mail. Like the FL-330, the FL-335 documents the process of serving legal papers to involved parties, ensuring all necessary information about the service process is recorded. However, while the FL-330 requires proof of personal delivery, the FL-335 outlines the method of serving documents via postal mail, specifying the dates and addresses involved in the mailing process. Both forms ensure proper documentation and accountability in serving legal documents, but they cater to different methods of service.

The FL-310 form, which is used for a Request for Order, is another document that bears resemblance to the FL-330. Both forms are essential in family law proceedings when parties seek court intervention. The FL-310 formally requests actions from the court regarding various family law matters, whereas the FL-330 focuses specifically on confirming that legal documents have been personally delivered to the relevant parties. Each form plays a crucial role in guiding the court process, ensuring that all parties are informed and that procedures are properly followed.

The FL-300 form, known as the Declaration for Default or Uncontested Judgment, is also similar in function to the FL-330. Both forms are utilized within the family court system to uphold procedural integrity. The FL-300 uses a declaration to claim that no party is contesting any issues, allowing for a default judgment. In contrast, the FL-330 addresses how and when individuals have been served with necessary documents. Therefore, both documents facilitate the court's ability to manage cases effectively, although they focus on different stages of the legal process.

The FL-341 form, titled the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, has notable similarities with the FL-330. Both forms assist in providing necessary information to the court, ensuring that all procedural requirements are met. The FL-341 specifically addresses custody jurisdiction matters, while the FL-330 verifies that parties have been served with relevant documents regarding their case. Each document's integrity supports the court’s decision-making process concerning family law cases.

The FL-340 form, known as the Notice of Motion, is another document akin to the FL-330. While the FL-330 verifies personal service, the FL-340 formalizes a request for a hearing and outlines the issues to be addressed. Both forms require thorough documentation and are crucial for ensuring that all parties are notified of changes or requests within the court proceedings. They together facilitate transparency and procedural compliance within the court system.

The FL-335 form, which serves as an alternative method for serving legal documents, is important to note. Both the FL-330 and the FL-335 focus on different means of delivering legal documents to involved parties. While the FL-330 confirms personal service, the FL-335 allows for service via postal mail. Each form serves its purpose in providing the court with proof regarding how documents were served, ensuring that all parties are made aware of legal proceedings without ambiguity.

The FL-341(C) form, a declaration of disclosure, shares a link with the FL-330 by requiring thorough documentation. The FL-341(C) ensures that all parties disclose relevant financial information for equitable decision-making. Similarly, the FL-330 serves to confirm that all parties are notified of necessary proceedings. Both forms exhibit the importance of transparency and communication in family law cases, assisting the court in making informed decisions based on complete information.

Finally, the FL-341(A) form, which is a declaration of adherence to the California Child Support Guidelines, resembles the FL-330 in its procedural significance. While the FL-341(A) emphasizes financial obligations, the FL-330 focuses solely on the process of serving documents. Both documents are vital in family court settings, as they ensure all parties are well-informed about their responsibilities and the court's expectations. Each form works collaboratively to uphold order and facilitate fair legal outcomes for families involved in court proceedings.

Dos and Don'ts

When filling out the FL-330 form, it's essential to approach the task with care. Here are five things you should and shouldn't do to ensure the process goes smoothly.

  • Do read the instructions carefully before starting.
  • Do double-check all the information you provide for accuracy.
  • Do make sure to sign and date the form where indicated.
  • Do include all necessary contact information, such as your address and phone number.
  • Do ensure that the person you are serving is correctly identified.
  • Don't leave any sections blank unless specifically instructed to do so.
  • Don't use vague descriptions; be as specific as possible when listing the documents served.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't sign the form before ensuring all required fields are filled out.
  • Don't hesitate to seek clarification if you're unsure about any part of the form.

Misconceptions

Understanding the FL-330 form can be a challenge, especially with the many misconceptions that exist regarding its use. Below are ten common misunderstandings that people often have about the FL-330 form. Clarity is essential when interacting with legal documentation; therefore, it’s crucial to address these misconceptions.

  1. Only attorneys can file the FL-330 form. – This form can be filled out by any individual who is involved in the case, not just attorneys. Anyone over 18 years old who is not a party to the action may submit this form.
  2. You must be a certified process server to serve documents. – While registered process servers can serve documents, personal service can also be performed by individuals who meet specific criteria, such as having no connection to the case.
  3. The FL-330 is only for divorce cases. – This form can be relevant in various family law matters, including child custody, child support, and many other issues, not just divorce.
  4. You can use the FL-330 form in any state. – The FL-330 form is specifically for California family law cases, complying with California’s legal requirements. Other states have their own forms and rules.
  5. Filing the FL-330 is the same as filing the main case documents. – The FL-330 serves a different purpose. It is a proof of personal service, providing confirmation that documents were delivered to the relevant parties.
  6. The FL-330 form doesn’t need to be filed with the court. – It is essential to file this form with the court to establish that service has been completed according to the law. Documentation is crucial for compliance.
  7. All personal service must be conducted by law enforcement. – While sheriffs and marshals can serve documents, the law allows others to perform this task as long as they meet the necessary criteria.
  8. Personal service through mail is acceptable for FL-330. – This form specifically requires personal delivery of documents. Mailing does not fulfill the requirements for personal service.
  9. It is unnecessary to include the time and date of service. – Accurate documentation of the date and time of service is critical. Omitting this information can lead to delays or issues in the case.
  10. The FL-330 form does not require a signature from the person serving the papers. – A signature is a necessary part of the form. It affirms that the information provided is correct and that the service has been performed.

By addressing these misconceptions, individuals can approach the FL-330 form with a clearer understanding and ensure proper compliance with legal requirements. Timeliness and accuracy in filling out this form can significantly impact the outcome of your case.

Key takeaways

When filling out and using the FL-330 form, keep these key points in mind:

  • Understand the purpose: The FL-330 form serves as a proof of personal service. It confirms that specific documents were delivered to the intended person in a family law proceeding.
  • Eligibility: Remember that you must be at least 18 years old and not involved in the case to serve the documents. This ensures the integrity of the service process.
  • Detail the service: Clearly fill in the name of the person served and specify the documents that were delivered. This information is crucial for the court's records.
  • Record the specifics: Note the date, time, and address where you served the documents. Accuracy is key in this section to avoid any disputes regarding service.
  • Registration status: Indicate whether you are a registered process server, an employee of one, or a sheriff/marshal. This status can impact the validity of your service.
  • Truthfulness: The declaration under penalty of perjury emphasizes the importance of providing truthful information on the form. Misrepresentation can have legal consequences.
  • Final touches: Ensure you sign and date the form after completing it. A signature validates your service and confirms your responsibility as the person who served the documents.

Keep these takeaways in mind to facilitate a smooth experience when using the FL-330 form. Accuracy and attention to detail are essential for ensuring that your documents are recognized by the court.