How to Fill Out Form APP-109

Form APP-109 at a glance

What it is: APP-109 Proof of Service (Appellate Division).

Who signs: Enter the Date and Type or print server's name; Server signs here after serving.

The person who serves (delivers) a document in this case and who fills out this form: Must be at least 18 years old; Must NOT be a party in this case.

A filled-in Form APP-109 example: a brief served by mail

Form APP-109 example filled out, example: a brief served by mail
Sam Sample serves a brief and fills out form APP-109. Sam mails the Appellant's Opening Brief to one person from a home address, so business address stays empty. The picture shows page 1 only and all its values are invented. Only one document is served, so the other document boxes stay empty. Nothing goes in Service by Personal Delivery because Sam mails the brief. Nothing goes in I declare under penalty of perjury until the server signs after serving.

How to fill out Form APP-109, box by box

Court and case numbers

Form APP-109 example filled out, court and case numbers

You fill in the name and street address of the court that issued the decision that is being challenged in this case: Superior Court of California, County of.

You fill in the number and name of the trial court case in which the decision being challenged was issued: Trial Court Case Number and Trial Court Case Name.

You fill in the appellate division case number (if you know it): Appellate Division Case Number.

At least 18, not a party, and your home or business address

Form APP-109 example filled out, at least 18, not a party, and your home or business address

At the time I served the documents listed in , I was at least 18 years old.

I am not a party in the case identified in the box on the right side of the page.

My home business address is: Street City State Zip.

The document you are serving

Form APP-109 example filled out, the document you are serving

I mailed or personally delivered the following document, (check or fill in the name of the document you are serving and check and complete either a or b).

The documents listed are Notice of Appeal/Cross Appeal (Limited Civil Case), Notice Designating Record on Appeal (Limited Civil Case), Proposed Statement on Appeal (Limited Civil Case, Misdemeanor, Infraction), Appellant's Opening Brief, Respondent's Brief, Appellant's Reply Brief, Abandonment of Appeal (Limited Civil Case), Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case), and Other (write in the name of the document).

Service by Mail

Form APP-109 example filled out, service by Mail

Service by Mail: I put one copy of the document identified in in an envelope addressed to each person listed in (2), sealed the envelope, and put first-class postage on the envelope.

Service by Mail: the envelopes and the mailing

Form APP-109 example filled out, service by Mail: the envelopes and the mailing

The envelope or envelopes were addressed as follows: Name of person served; Address on envelope: Street City State Zip.

Check here if you mailed copies of the document identified in to more people. Attach a separate page listing the names and addresses on each additional envelope you mailed. Write “APP-109, Item 4a” on the top of the page.

I mailed the envelope or envelopes on (date) from (city) (state) by depositing the envelope or envelopes (check one): With the U.S. Postal Service or At an office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service.

Service by Personal Delivery

Form APP-109 example filled out, service by Personal Delivery

Service by Personal Delivery: I personally gave one copy of the document identified in to each of the following people:

For each person, enter Name of person served, Address where you gave the documents to this person: Street City State Zip, Date when you gave the documents to this person, and Time when you gave the documents to this person.

Check here if you gave copies of the document identified in to more people. Attach a separate page listing the names of each of these people, the address where you gave each of them the document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the top of the page.

I declare under penalty of perjury

Form APP-109 example filled out, i declare under penalty of perjury

5 I declare under penalty of perjury under California state law that the information is true and correct.

More rules for Form APP-109

Before you fill out this form, read What Is Proof of Service? (form APP-109-INFO) to understand your responsibilities.

Common questions about Form APP-109

When is this form not the right one?

This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division. If you are serving a document electronically, please use Proof of Electronic Service (Appellate Division) (form APP-109E).

Sources

[1] Form APP-109 (Rev. January 1, 2017), Proof of Service (Appellate Division), Judicial Council of California (the Official source link on this page).

Form App 109 PDF Details

In legal proceedings, ensuring all parties receive necessary documents in a timely and verifiable manner is crucial. The Proof of Service APP-109 form fulfills this requirement within the context of appellate division cases in California's superior courts. This document, an essential tool for transparency and procedural fairness, must be completed by an individual who is least 18 years old and not a party to the case. It provides a structured method for recording the delivery of legal documents, either through mail or personal delivery, to involved parties. The form serves as a tangible acknowledgment that specific documents—ranging from notices of appeal in limited civil, misdemeanor, or infraction cases to various briefs and petitions—have been served. Additionally, it contains sections to detail how and when the documents were delivered (with specific attention to mailing or direct delivery), and it includes a declaration under penalty of perjury to affirm the truthfulness of the provided information. Guided by the instructions on the APP-109-INFO form, this proof of service plays a pivotal role in the appellate process, ensuring all parties are duly informed and that the case can proceed with everyone having access to the same information.

QuestionAnswer
Form NameForm App 109
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesapp 109 proof service appellate, app 109 proof service, the app 109, app 109 service