§ 1017.Service Transmitted By Telegraph

Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 1017 is a historical provision allowing a summons, writ, or order to be transmitted by telegraph for service, with the telegraphic copy carrying the same legal force as the original once served and the original filed with the issuing court.

Full Text of § 1017

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Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telegraph for service in any place, and the telegraphic copy of such writ, or order, or paper so transmitted, may be served or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with the same force and effect in all respects, as the original thereof might be if delivered to him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities, as if the copy were the original. The original, when a writ or order, must also be filed in the Court from which it was issued, and a certified copy thereof must be preserved in the telegraph office from which it was sent. In sending it, either the original or the certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator, in sending the same, to telegraph a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy of the letters "L. S.," or by the word "seal."

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Plain-English Summary

This section is a relic of an earlier era of court practice, still on the books but rarely if ever invoked today. It allowed any summons, writ, or order in a civil suit, along with any other paper requiring service, to be transmitted by telegraph for service anywhere. The telegraphic copy could be served or executed by whoever received it for that purpose, and it carried the same legal force as if the original document had been delivered directly, with the serving officer bearing the same authority and liability as if the copy were the original.

The mechanics reflected the technology of the time: the original document, if a writ or order, still had to be filed with the court that issued it, and a certified copy had to be preserved at the telegraph office that sent it. The section even addressed how to handle a document bearing a seal, allowing the operator to substitute the abbreviation "L.S." or the word "seal" rather than transmitting a description of the seal itself.

Frequently Asked Questions

Is telegraph service of court documents still commonly used?

No. Section 1017 remains on the books but reflects a service method from an earlier era of court practice.

What legal effect did a telegraphic copy of a writ or order have?

The same force and effect as the original, and the person serving or executing it had the same authority and liability as if serving the original document.

What still had to happen with the original document?

It had to be filed with the court that issued it, with a certified copy preserved at the sending telegraph office.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: telegraph service california civil procedure