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California Code of Civil Procedure Section 1013

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1013

1013.  (a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence. Service is
complete at the time of the deposit, but any period of notice and any
right or duty to do any act or make any response within any period
or on a date certain after service of the document, which time period
or date is prescribed by statute or rule of court, shall be extended
five calendar days, upon service by mail, if the place of address
and the place of mailing is within the State of California, 10
calendar days if either the place of mailing or the place of address
is outside the State of California but within the United States, and
20 calendar days if either the place of mailing or the place of
address is outside the United States, but the extension shall not
apply to extend the time for filing notice of intention to move for
new trial, notice of intention to move to vacate judgment pursuant to
Section 663a, or notice of appeal. This extension applies in the
absence of a specific exception provided for by this section or other
statute or rule of court.
   (b) The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
   (c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. Service is complete at the time of the deposit,
but any period of notice and any right or duty to do any act or make
any response within any period or on a date certain after service of
the document served by Express Mail or other method of delivery
providing for overnight delivery shall be extended by two court days.
The extension shall not apply to extend the time for filing notice
of intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal. This
extension applies in the absence of a specific exception provided for
by this section or other statute or rule of court.
   (d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
   (e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made. The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service.
Service is complete at the time of transmission, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after service of the document,
which time period or date is prescribed by statute or rule of court,
shall be extended, after service by facsimile transmission, by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific exception
provided for by this section or other statute or rule of court.
   (f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted, or to be accompanied by an unsigned copy of the
affidavit or certificate of transmission which shall contain the
facsimile telephone number to which the notice or other paper was
transmitted.
   (g) Electronic service shall be permitted pursuant to Section
1010.6 and the rules on electronic service in the California Rules of
Court.
   (h) Subdivisions (b), (d), and (f) are directory.

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Last modified: March 17, 2014