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California Code of Civil Procedure Section 1013a

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

1013a.  Proof of service by mail may be made by one of the following
methods:
   (1) An affidavit setting forth the exact title of the document
served and filed in the cause, showing the name and residence or
business address of the person making the service, showing that he or
she is a resident of or employed in the county where the mailing
occurs, that he or she is over the age of 18 years and not a party to
the cause, and showing the date and place of deposit in the mail,
the name and address of the person served as shown on the envelope,
and also showing that the envelope was sealed and deposited in the
mail with the postage thereon fully prepaid.
   (2) A certificate setting forth the exact title of the document
served and filed in the cause, showing the name and business address
of the person making the service, showing that he or she is an active
member of the State Bar of California and is not a party to the
cause, and showing the date and place of deposit in the mail, the
name and address of the person served as shown on the envelope, and
also showing that the envelope was sealed and deposited in the mail
with the postage thereon fully prepaid.
   (3) An affidavit setting forth the exact title of the document
served and filed in the cause, showing (A) the name and residence or
business address of the person making the service, (B) that he or she
is a resident of, or employed in, the county where the mailing
occurs, (C) that he or she is over the age of 18 years and not a
party to the cause, (D) that he or she is readily familiar with the
business' practice for collection and processing of correspondence
for mailing with the United States Postal Service, (E) that the
correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business, (F) the
name and address of the person served as shown on the envelope, and
the date and place of business where the correspondence was placed
for deposit in the United States Postal Service, and (G) that the
envelope was sealed and placed for collection and mailing on that
date following ordinary business practices. Service made pursuant to
this paragraph, upon motion of a party served, shall be presumed
invalid if the postal cancellation date or postage meter date on the
envelope is more than one day after the date of deposit for mailing
contained in the affidavit.
   (4) In case of service by the clerk of a court of record, a
certificate by that clerk setting forth the exact title of the
document served and filed in the cause, showing the name of the clerk
and the name of the court of which he or she is the clerk, and that
he or she is not a party to the cause, and showing the date and place
of deposit in the mail, the name and address of the person served as
shown on the envelope, and also showing that the envelope was sealed
and deposited in the mail with the postage thereon fully prepaid.
This form of proof is sufficient for service of process in which the
clerk or deputy clerk signing the certificate places the document for
collection and mailing on the date shown thereon, so as to cause it
to be mailed in an envelope so sealed and so addressed on that date
following standard court practices. Service made pursuant to this
paragraph, upon motion of a party served and a finding of good cause
by the court, shall be deemed to have occurred on the date of postage
cancellation or postage meter imprint as shown on the envelope if
that date is more than one day after the date of deposit for mailing
contained in the certificate.
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Last modified: March 17, 2014