Proof Of Service-Civil (Proof Of Service) {POS-040}

POS-040, PROOF OF SERVICE—CIVIL (Proof of Service), this form is used to tell the court that you had legal papers in a civil case - other than a summons - delivered to (served on) the other party. Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them. 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. Form Approved for Optional Use, Judicial Council of California, POS-040 [Rev. January 1, 2020] Code of Civil Procedure, §§ 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rule 2.306. www.FormsWorkflow.com