Guides & Answers

Can You Serve Someone Yourself?

No. In California, and in federal court, the person who serves the papers must not be a party to the case. That is true for a summons handed over in person and for papers sent by mail. Other states have their own versions of the rule.

The rule

Code of Civil Procedure section 414.10 says a summons may be served by any person who is at least 18 years old and not a party to the case. The proof of service form, POS-010, opens with the server's statement that at the time of service they were at least 18 years of age and not a party to the action. The California courts' self-help guide, Serving court papers, puts it plainly: a party cannot just hand the papers to the other side; someone else has to.

By mail, too

  • When a summons is served by mail with a notice and acknowledgment of receipt, form POS-015 calls for the sender's signature and says the sender must not be a party. See Notice and Acknowledgment of Receipt in California.
  • For papers mailed once a case is underway, the proof of service by mail must show the person who mailed them is over 18 and not a party (section 1013a).

Who can serve instead

The self-help guide lists anyone at least 18 who is not part of the case, a county sheriff or marshal (usually for a fee, sometimes free), or a professional process server (for a fee).

A friend or relative who serves papers occasionally does not need to register. Under Business and Professions Code section 22350, registration is required for a person who makes more than 10 services of process in California in one calendar year for compensation. The registration rules do not apply to sheriffs, marshals or government employees acting in their jobs, an attorney or the attorney's employees serving process in the attorney's own cases, a person specially appointed by a court, or a licensed private investigator and that investigator's employees (section 22350(b)). More on registered process servers in California.

In federal court

Any person who is at least 18 and not a party may serve a summons and complaint. At the plaintiff's request the court may order service by a U.S. marshal or a specially appointed person, and it must do so for a plaintiff proceeding in forma pauperis (Federal Rule of Civil Procedure 4(c)(2)–(3)).

Other states

Most states also bar a party from serving, and some require servers to be licensed, certified or appointed. See process serving by state for who can serve where your case is.

Legal Hub Group arranges process serving for law firms in every state. Representing yourself? Our sister company Famous Legal Services serves papers for individuals.

This is general information, not legal advice.

Questions

Can I serve the other side myself in California?

No. A summons may be served by any person at least 18 years old who is not a party to the case (Code of Civil Procedure section 414.10), so a party cannot serve their own papers.

Can a friend or relative serve the papers?

Yes, if they are at least 18 and not a party. Registration as a process server is required only for someone who makes more than 10 services of process in California in a calendar year for compensation (Business and Professions Code section 22350).

Who else can serve papers?

The California courts’ self-help guide lists a county sheriff or marshal (usually for a fee, sometimes free) and a professional process server (for a fee), as well as any adult who is not part of the case.

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