What are the civil litigation requirements for service of process?

In California, service of process is a mandatory prerequisite to the filing of a lawsuit. It involves delivering copies of legal documents to the parties being sued. This ensures that individuals have proper notice of the lawsuit before it goes to trial. The requirements for service of process depend on the type of lawsuit. For most civil actions, the California Code of Civil Procedure states that service must be made by sheriff, registered process server, or someone 18 years or older and not a party to the action. Service must be done personally unless the defendant cannot be found or evades service. When a party is served, the documents must be delivered to the defendant in an appropriate manner. In most cases, this means handing the documents to the defendant directly. If the defendant is not available, the documents must be left at the defendant’s residence or place of business in the presence of a person of suitable age and discretion who is residing or employed at the address. The documents must also contain the date and time of service, the name and address of the person who served the documents, and the method of service. Upon service, the person serving must provide the plaintiff with a written proof of service to signify the papers have been delivered properly. Once served, the defendant must answer the complaint in writing in the time prescribed by the court. Otherwise, the plaintiff can request a default judgment against the defendant.

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