APP-109-INFO What Is Proof of Service? When a document is electronically served, it must be served either by electronic transmission or by electronic notification. "Electronic transmission" means sending the document to the person's electronic service address, an e-mail address the person has given the court and the other parties to the case for this purpose. "Electronic notification" means sending a notice to the person with the exact name of the document and a hyperlink--a link to a web address--at which the document may be viewed and downloaded. 2 GENERAL INFORMATION What does this information sheet cover? This information sheet tells you how to fill out Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP109E). This information sheet is not part of the proof of service and does not need to be copied, served, or filed. 1 What is "serving" a document? What documents have to be served? "Serving" a document on a person means having the document delivered to that person. The general requirements for serving documents are set out in California Code of Civil Procedure sections 1010.6­ 1013a (you can get a copy of these laws at any county law library or online at www.leginfo.ca.gov.calaw.html). There are three main ways to serve documents: (1) by mail, (2) by personal delivery, or (3) by electronic service. When a document is served by mail, it must be put in a sealed envelope or package that is addressed to the person who is being served and that has the postage fully prepaid. The envelope then has to be deposited with the U.S. Postal Service by leaving it at a U.S. Postal Service office or mail drop or at an office or business mail drop where the person serving the document knows the mail is picked up every day and deposited with the U.S. Postal Service. When a document is personally delivered to a party who is represented by an attorney, the document must either be given directly to the attorney representing that party or the document can be placed in an envelope or package addressed to the attorney and left with the receptionist at the attorney's office or with a person who is in charge of the attorney's office. When a document is personally served on a party who is not represented by an attorney, the document must either be given directly to the party or the document can be given to someone who is at least 18 years old at the party's residence between the hours of eight in the morning and six in the evening. You may be able to serve a document electronically if the person being served has agreed to accept electronic service or if the court has ordered the person to accept electronic service. The requirements for electronic service are set out in California Code of Civil Procedure section 1010.6. Judicial Council of California, www.courts.ca.gov Rev. January 1, 2017, Optional Form Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute or rule of court). Other rules require that certain documents in cases in the appellate division be served, including the notice of appeal and the notice designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For more information about appeals in general and about these documents, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO), Information on Appeal Procedures for Misdemeanors (form CR-131INFO), and Information on Appeal Procedures for Infractions (form CR-141-INFO).) 3 Who can serve a document? State law (the Code of Civil Procedure) says that a document in a court case can only be served by a person who is over 18 years old. Service by mail or by personal delivery must be by someone who is not a party in the case; electronic service may be performed directly by a party. If you are a party in a case and wish to serve documents by mail or by personal delivery, you must have someone else who is over 18 and who is not a party in your case serve any documents in your case for you. You will need to give the person who is serving the document for you (the server) the names and addresses of all the people who need to be served with that document. You will also need to give the server one copy of each document that needs to be served for each person who is being served. _____________________________________________________________________________ What Is Proof of Service? APP-109-INFO, Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com APP-109-INFO What Is Proof of Service? 6 If you are serving documents electronically, you can do so yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the names and electronic service addresses of everyone who must be served, as well as the document to be served in a form that allows it to be electronically transmitted or made available by hyperlink. 4 How do I fill out the Proof of Service? What is proof of service? These instructions are for Proof of Service (Appellate Division) (form APP-109), if you are serving the document by mail or personal delivery. If you are serving the document electronically, please see 7 , below, for instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP109E). You can fill out most of the information on Proof of Service (Appellate Division) (form APP-109) by copying the information from the document you are serving before you serve that document. However, you should not sign and date the form until after you have finished serving the document. By signing form APP-109, you are swearing, under penalty of perjury, that the information that you put in the form is true and correct. When you fill out the Proof of Service (Appellate Division) (form APP-109), you should print neatly or use a typewriter. If you have Internet access, you can fill out the form online at www.courts.ca.gov/forms (use the "fillable" version of the form). Filling in the top section of form APP-109: First box, right side of form: Leave this box blank for the A "proof of service" shows the court that a document was served as required by the law. Rule 8.817 also requires a party who is filing a document with the court in a case in the appellate division to attach