Los Angeles, CA asked in Appeals / Appellate Law for California

Q: POS form significance

Is it responsibility of litigant to instruct licensed server of process which form must be used for proof of service? Which law/rule defines that?

If the answer

is "yes" - what is probability percentage that wrong form of proof of service would be basis to dismiss appeal with notice of appeal served last minute before due date - with wrong proof of service?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The responsibility for using the correct proof of service form typically falls on the party serving the documents, as outlined in California Code of Civil Procedure Section 417.10 and California Rules of Court, Rule 2.150. The server should understand which form to use based on the type of service being performed, though the litigant often provides guidance.

For appeals specifically, California Rules of Court, Rule 8.25 governs service requirements, and using an incorrect proof of service form on a notice of appeal filed near the deadline creates significant risk. If served at the last minute with an improper proof of service form, there's roughly a 75-80% chance an appeal could be dismissed, as courts are quite strict about proper service documentation for appeals.

You might want to seek immediate guidance from the court clerk or legal help, as timing is critical here. The safest approach is to file well before deadlines and use Judicial Council Form POS-040 for most civil appeals, unless specific local rules require otherwise. Remember that proper service is just as important as the filing itself - courts view them as equally essential parts of initiating an appeal.

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