Serve papers to start a new case
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When filing a new court case, you must have a copy of your summons, petition (or complaint), and other papers you're filing delivered to the other party in a legally correct way. Use the Proof of Personal Service form to show that service has been done. Also use this form to prove service of an order to go to court (show cause), subpoena, or any kind of restraining or protection order.
Choose the form below for your type of case: family law, general civil, or guardianship. We have separate forms and instructions to serve papers in a protection order case.
Forms
It’s simple: we ask you questions and use your answers to complete your form.
Proof of Personal Service (family law)
It’s simple: we ask you questions and use your answers to complete your form.
Not available
It’s simple: we ask you questions and use your answers to complete your form.
Not available
Proof of Personal Service (Guardianship/Conservatorship)
It’s simple: we ask you questions and use your answers to complete your form.
Not available
Fast facts
Yes: When you first start a new case in court, you must have a copy of your summons, petition (or complaint), and other papers you’re filing delivered to the person you’re filing the case against ("the other party"). We call this having the other party "served" or "service of process."
The other party has a legal right to receive a copy of the papers you file. The judge won’t make any decisions in your case until you can show proof that the other party got copies of your court papers.
You must always try to have the other party personally served at the start of the case. If you absolutely cannot have them served this way, you can ask court permission to serve them by mail or by publication of a legal ad in a newspaper.
Someone age 18 or older must hand deliver the papers to the other party. You can get a friend to do this, or you can pay a professional process server or the county sheriff’s office to do it.
The person who delivers the papers is your “server.” You can't be your own server for personal service.
Your server may hand deliver the papers to the other party at home, work, or anywhere else they can be found.
If the other party isn't home, your server may do "abode service." This counts as personal service. The server may give the papers to any adult (who isn't mentally disabled) at the other party's home who lives there with them. Your server should ask the person they leave the papers with for their name and age, and if they live with the other party at this home. The server can't leave the papers with someone who's just visiting the other party's home.
You don’t need court permission for personal service. Personal service is usually the cheapest way to get the other party served.
Keep track of everything you do to try to get the other party personally served. You may be unsuccessful. At that point, you need court permission to serve by mail or publication.
You must make an honest, reasonable search. Follow up on any information you get that may help you find them.
- Try calling possible phone numbers for them.
- Ask the Postal Service for a forwarding address from the last known address you have.
- Call every friend, roommate, and relative of the opposing party you know. Ask about an address.
- Check resources online that help find people’s addresses.
- Talk to the other party’s present or former employers, unions, or co-workers to try to get a home address or a place of work.
- If the other party pays child support through DCS, and you’re trying to change child support or your parenting plan, send an address disclosure request to DCS (in English or Spanish). It may take 30 days or more to get the other party’s address this way.
You can ask court permission to serve the other party or parties by mail or publication.
Mail: Much like finding someone to do personal service for you, you must have someone mail the paperwork for you. That person must mail 2 copies of the papers to the other party: One by regular mail, and one by certified mail, return receipt requested.
Publication: This method of serving costs the most. And it may be the least likely to reach the other party. Ask permission to serve by publication only as a last resort if you can't get a court order to serve by mail.
Step-by-step
If a case has already started and you’re not serving a summons, petition (complaint), order to go to court (show cause), subpoena, or any kind of restraining or protection order, then you don’t have to follow the rules for personal service. Serve papers after a case starts has the right form for that situation.
Otherwise, follow these steps.
Have your server personally serve a copy of the papers on the other party.
Have your server fill out and sign the Proof of Personal Service form.
Choose the form for your type of case (family law, general civil, or guardianship). Check to be sure your server filled out the date of service, who the papers were delivered to, and how they were delivered. Also be sure the form lists all documents that were served. If your server leaves out a form, you won’t have proof it was served.
Make one copy of the completed Proof of Personal Service. Don’t give copies of this form to the other parties.
File your completed form with the court clerk. Keep the copy for your records.