What Is a Return of Service?

A return of service is the server's written, sworn report that papers were delivered, and how. California's Evidence Code calls it the "return" of a process server (section 647); the Code of Civil Procedure and the court forms call it a "proof of service." Other states use "return," "affidavit of service" or "proof of service." This article covers California and the federal rule.

What it has to show

Proof of service of a summons is the server's sworn statement showing the time, place and manner of service, facts showing it followed the law, and the name of the person who received the papers, with their title or capacity if relevant (Code of Civil Procedure section 417.10(a)). A declaration signed under penalty of perjury can stand in for an affidavit (section 2015.5).

The form: POS-010

Proof of personal service must be made on a Judicial Council form (section 417.10(f)). POS-010, Proof of Service of Summons, is adopted for mandatory use, and a separate proof is required for each party served. It records the documents served, the party served, the address, the method, how the "Notice to the Person Served" was completed, the server's name and contact details, the fee, and whether the server is registered, signed under penalty of perjury (or certified by a sheriff or marshal). A proof signed by a registered process server, or their employee or contractor, must show the registration number and county of registration (section 417.40). Family law cases use FL-115. Compare POS-010 and POS-040 in Proof of Service in California.

Filing it

After a summons is served, the proof of service must be filed unless the defendant has already made a general appearance (section 417.30). Court rules call for proofs of service on named defendants within 60 days after the complaint is filed, and within 30 days for a defendant added by an amended complaint (California Rules of Court, rule 3.110(b)).

Why a registered server's return matters

The return of a registered process server creates a presumption, affecting the burden of producing evidence, that the facts in it are true (Evidence Code section 647). Starting January 1, 2027, a party challenging a default for improper service rebuts that presumption by offering evidence that service was not lawful (Code of Civil Procedure section 473.2(b)), and proofs of personal and substituted service must include date-, time- and location-stamped photographs of each completed or attempted service.

In federal court

Proof is the server's affidavit unless service was waived or made by a U.S. marshal. Failing to prove service does not by itself make the service invalid, and the court may allow the proof to be amended (Rule 4(l)).

Legal Hub Group arranges process serving for law firms in every state, and the proof is built from the field record of the serve. Each state's proof form is on its page under process serving by state. Representing yourself? Our sister company Famous Legal Services serves papers for individuals.

This is general information, not legal advice.

Questions

Is a return of service the same as a proof of service?

They describe the same report. California’s Evidence Code refers to a process server’s “return,” while the Code of Civil Procedure and Judicial Council form POS-010 use “proof of service.”

When must the proof of service be filed in California?

Court rules call for proofs of service on named defendants within 60 days after the complaint is filed (California Rules of Court, rule 3.110(b)). A proof of service must be filed unless the defendant has already made a general appearance (Code of Civil Procedure section 417.30).

Can a return of service be challenged?

Yes. A registered process server’s return creates a presumption that its facts are true (Evidence Code section 647), and the other side can try to rebut it with evidence.