Los Angeles, CA asked in Legal Malpractice and Civil Litigation for California

Q: Responsibilities in respect to service of process

Which statute/rule specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out?

2 Lawyer Answers

A: There is no statute/rule that specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out.

James L. Arrasmith
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Answered

A: In California, there isn't a specific statute that explicitly requires pro per plaintiffs to provide detailed instructions to process servers about proof of service forms. The general requirements for service of process are outlined in California Code of Civil Procedure (CCP) sections 415.10 through 415.95, but these don't address the relationship between plaintiffs and process servers directly.

However, licensed process servers in California operate under Business and Professions Code sections 22350-22360, which require them to maintain records and complete proofs of service accurately. While you're not legally required to provide specific instructions, it's considered best practice to communicate clearly with your process server about your needs and expectations for the proof of service.

The responsibility ultimately falls on you, as the pro per plaintiff, to ensure that service is properly documented for the court. Working closely with your process server and providing clear guidance helps prevent errors that could delay your case. You might find it helpful to review California Judicial Council forms POS-010 (for personal service) or POS-040 (for mail service) to understand the requirements, then discuss these with your process server before they begin their work.

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