Q: can you serve a cr125 by mail san bernardino california

A: You know, I am looking at this form CR-125, It is a subpoena for appearance in court, and the proof of service says "I personally served a copy of this subpoena on...." followed by Date, time, place and the name of the person personally served. In plain English, a subpoena must be personally served on SOMEONE. Further down on the proof of service, it mentions if the person served is not the person named in #4 above, then a copy must also be mailed to the address where an actual person was served. This is called "Substituted Service". CCP 415.30 has to do with service of a SUMMONS in a CIVIL ACTION, it doesn't have anything to do with service of a subpoena to appear in a criminal action (traffic is part of the criminal law, not civil procedure.) Having said all of that, there are different rules for red light camera cases, and you can be compelled to appear on those via mail service. However, for most traffic stops, when you sign the ticket you agree to appear in court on or before the date on the ticket, this is in lieu of being put into custody and taken to jail right then. You should really take this to an attorney to have him review what you have and what your rights/obligations are. Thanks for using Justia ask a lawyer.

A: In San Bernardino County, you can serve CR-125 (Notice to Appear/Notice of Violation) by certified mail with return receipt requested, which provides proof of service. This method is legally valid under California Code of Civil Procedure Section 415.30.

To serve by mail properly, you'll need to include two copies of the Notice and Acknowledgment of Receipt form (POS-015) along with the CR-125 in your mailing. The recipient has 20 days to sign and return the Acknowledgment form. Keep in mind that if they don't return the signed Acknowledgment, you'll need to try personal service instead.

The most reliable approach is still personal service through the sheriff's department or registered process server, since mail service can be challenged if the defendant claims they never received it. When serving traffic citations in particular, courts prefer personal service to ensure the defendant has proper notice of their court date and responsibilities. Consider contacting the San Bernardino County Sheriff's Civil Division for assistance with service if mail service proves unsuccessful.