Pos 040 Form PDF Details

In legal proceedings, effective and verifiable communication between parties is crucial, and the POS-040 form plays a vital role in ensuring this within the boundaries of California's judicial system. Designed for the Superior Court of California, the POS-040, also known as the Proof of Service—Civil, is a document utilized by attorneys or parties acting without legal representation to formally declare that they have delivered specific documents to another party involved in a legal case. The form accommodates various methods of delivery including personal service, mail, overnight delivery, messenger service, and fax, but explicitly excludes electronic service and the service of a summons and complaint. It mandates the provision of detailed information about the person serving the documents, including their contact details and the manner in which the documents were served, ensuring a transparent and accountable process. Furthermore, the form contains sections for including the names and addresses (or fax numbers, if applicable) of the recipients, alongside a checklist to specify the exact documents served. Importantly, the Proof of Service must be completed by someone over the age of 18 who is not a party to the case, ensuring an impartial delivery of documentation. Adopting the POS-040 form and its proper execution is instrumental in upholding the principles of fairness and due process, as it provides a verifiable record that all parties have been appropriately informed of legal actions, filings, and proceedings.

QuestionAnswer
Form NamePos 040 Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other names GEORGE F. SCHAEFER 139399 Office of the City Attorney ...

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POS-040

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO:

 

FOR COURT USE ONLY

 

 

 

 

 

 

 

NAME:

 

 

 

 

 

FIRM NAME:

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

CITY:

 

STATE:

ZIP CODE:

 

TELEPHONE NO.:

 

FAX NO. :

 

 

E-MAIL ADDRESS:

 

 

 

 

 

ATTORNEY FOR (name):

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

STREET ADDRESS:

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

CASE NUMBER:

 

 

 

 

 

 

 

 

Plaintiff/Petitioner:

 

 

 

 

 

Defendant/Respondent:

 

 

 

 

 

 

 

 

 

JUDICIAL OFFICER:

 

 

 

 

 

 

 

 

 

PROOF OF SERVICE—CIVIL

 

 

 

Check method of service (only one):

 

 

 

 

By Personal Service

 

By Mail

 

By Overnight Delivery

DEPARTMENT:

 

 

 

 

 

 

By Messenger Service

 

By Fax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not use this form to show service of a summons and complaint or for electronic service.

See USE OF THIS FORM on page 3.

1. At the time of service I was over 18 years of age and not a party to this action.

2.

3.

My residence or business address is:

The fax number from which I served the documents is (complete if service was by fax):

4. On (date):

I served the following documents (specify):

The documents are listed in the Attachment to Proof of Service–Civil (Documents Served) (form POS-040(D)).

5.I served the documents on the person or persons below, as follows: a. Name of person served:

b.

c.

(Complete if service was by personal service, mail, overnight delivery, or messenger service.)

Business or residential address where person was served:

(Complete if service was by fax.)

Fax number where person was served:

The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service— Civil (Persons Served) (form POS-040(P)).

6. The documents were served by the following means (specify):

a.

By personal service. I personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening.

 

 

Page 1 of 3

Judicial Council of California

PROOF OF SERVICE—CIVIL

2015.5; Cal. Rules of Court, rule 2.306

Form Approved for Optional Use

 

Code of Civil Procedure, §§ 1011, 1013, 1013a,

POS-040 [Rev. January 1, 2020]

(Proof of Service)

www.courts.ca.gov

POS-040

CASE NAME:

CASE NUMBER:

6. b.

(1)

(2)

c.

d.

e.

By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one):

deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.

placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.

I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state):

By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.

By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)

By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF DECLARANT)

 

(SIGNATURE OF DECLARANT)

(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)

DECLARATION OF MESSENGER

By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening.

At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding.

I served the envelope or package, as stated above, on (date):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(NAME OF DECLARANT)

(SIGNATURE OF DECLARANT)

POS-040 [Rev. January 1, 2020]

PROOF OF SERVICE—CIVIL

(Proof of Service)

Page 2 of 3

POS-040

INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL

(This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.)

USE OF THIS FORM

This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight delivery, (4) messenger service, or (5) fax.

This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010).

Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of Electronic Service (form POS-050).

Certain documents must be personally served. For example, an order to show cause and temporary restraining order generally must be served by personal delivery. You must determine whether a document must be personally delivered or can be served by mail or another method.

GENERAL INSTRUCTIONS

A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. A party to the action cannot serve the documents.

The Proof of Service should be typed or printed. If you have Internet access, a fillable version of this proof of service form is available at www.courts.ca.gov/forms.htm.

Complete the top section of the proof of service form as follows:

First box, left side: In this box print the name, address, and telephone number of the person for whom you served the documents.

Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as the address on the documents that you served.

Third box, left side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names as are on the documents that you served.

Fourth box, left side: Check the method of service that was used. You should check only one method of service and should show proof of only one method on the form. If you served a party by several methods, use a separate form to show each method of service.

First box, top of form, right side: Leave this box blank for the court’s use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served.

Third box, right side: State the judge and department assigned to the case, if known.

Complete items 1–6:

1.You are stating that you are over the age of 18.

2.Print your home or business address.

3.If service was by fax service, print the fax number from which service was made.

4.List each document that you served. If you need more space, check the box in item 4, complete the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)), and attach it to form POS-040.

5.Provide the names, addresses, and other applicable information about the persons served. If more than one person was served, check the box on item 5, complete the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)), and attach it to form POS-040.

6.Check the box before the method of service that was used, and provide any additional information that is required. The law may require that documents be served in a particular manner (such as by personal delivery) for certain purposes. Service by fax generally requires the prior agreement of the parties.

You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the information that you have provided on form POS-040 is true and correct.

POS-040 [Rev.January 1, 2020]

PROOF OF SERVICE—CIVIL

 

 

 

(Proof of Service)

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This Form button after you have printed the form.

 

 

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How to Edit Pos 040 Form Online for Free

There's nothing hard concerning preparing the Pos 040 Form when you launch our PDF editor. By following these simple steps, you will have the prepared PDF in the shortest time feasible.

Step 1: Click the button "Get form here" to get into it.

Step 2: At this point, you are able to update the Pos 040 Form. The multifunctional toolbar will let you add, remove, transform, highlight, as well as undertake several other commands to the words and phrases and areas inside the form.

To be able to fill out the Pos 040 Form PDF, provide the information for each of the parts:

portion of blanks in Pos 040 Form

Type in the requested particulars in The fax number from which I served, On date, I served the following documents, The documents are listed in the, I served the documents on the, Name of person served, Complete if service was by, Business or residential address, Complete if service was by fax, Fax number where person was served, The names addresses and other, The documents were served by the, and By personal service I personally part.

Entering details in Pos 040 Form step 2

In the CASE NAME, CASE NUMBER, POS, By United States mail I enclosed, deposited the sealed envelope with, placed the envelope for collection, I am a resident or employed in the, By overnight delivery I enclosed, By messenger service I served the, and By fax transmission Based on an part, point out the essential data.

Filling in Pos 040 Form step 3

The Date, TYPE OR PRINT NAME OF DECLARANT, SIGNATURE OF DECLARANT, If item d above is checked the, DECLARATION OF MESSENGER, By personal service I personally, At the time of service I was over, and I served the envelope or package box may be used to identify the rights and responsibilities of all sides.

Finishing Pos 040 Form stage 4

Look at the areas I declare under penalty of perjury, Date, NAME OF DECLARANT, SIGNATURE OF DECLARANT, POS Rev January, PROOF OF SERVICECIVIL Proof of, and Page of and then complete them.

Filling in Pos 040 Form stage 5

Step 3: Choose the Done button to save the file. Now it is offered for transfer to your electronic device.

Step 4: It may be more convenient to maintain copies of the file. You can rest assured that we are not going to display or see your data.

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