§ 417.10.Proof Summons Served On Person Within State

Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 5. Proof of Service · Last amended 2026 · Last verified July 28, 2026

This section prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.

In one sentenceSection 417.10 sets how proof of service within California must be made depending on the method used — an affidavit for personal or substituted service, an affidavit for publication, an affidavit for posting, or a party’s written admission — with all personal-service proof required on a Judicial Council form.

Full Text of § 417.10

Text sizeEffective Until 1/1/2027 — jump to: (a) (b) (c) (d) (e) (f) (g)

Operative 1/1/2027 — jump to: (a) (b) (c) (d) (e) (f) (g)

§ 417.10. Proof Summons Served On Person Within State — Effective Until 1/1/2027

Proof that a summons was served on a person within this state shall be made:

(a) If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of the person to whom a copy of the summons and of the complaint were delivered, and, if appropriate, the person's title or the capacity in which the person is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear. If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.

(b) If served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or the publisher's or the printer's foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.

(c) If served pursuant to another law of this state, in the manner prescribed by that law or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.

(d) By the written admission of the party.

(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.

(f) All proof of personal service shall be made on a form adopted by the Judicial Council.

(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

§ 417.10. Proof Summons Served On Person Within State — Operative 1/1/2027

Proof that a summons was served on a person within this state shall be made:

(a) If served under Section 415.10, 415.20, 415.30, or 415.45, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of any person to whom a copy of the summons and complaint were delivered, and, if appropriate, the person's title or the capacity in which the person is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.

(1) If served under Section 415.10, 415.20, or 415.45, the proof of service shall include one or more photographs of the site of each effected or attempted service of the summons and complaint.

(A) Each photograph shall contain a readable stamp that establishes and automatically records the date, time, and global positioning system (GPS) or equivalent coordinates of the effected or attempted service.

(B) If no GPS, cellular, or equivalent signal is available at the time and place of an effected or attempted service, the process server shall provide a detailed statement on or with the proof of service explaining the reason for the lack of a readable GPS or equivalent stamp on the photograph.

(2)

(A) If the site of the effected or attempted service is a dwelling place or abode, for each effected or attempted service of the summons and complaint, at least one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the house, apartment, or other dwelling place of the person to be served.

(B) If the site of the effected or attempted service is a place of business, for each effected or attempted service of the summons and complaint, at least one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the specific office or other place of business of the person being served.

(C) For purposes of subparagraphs (A) and (B), if the door is not reasonably accessible and the process server takes a photograph of the entrance instead, the process server shall explain with specificity on or with the proof of service why the door was not accessible.

(3) If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.

(4) Notwithstanding paragraph (1), a photograph is not required if, in the reasonable judgment of the process server, taking a photograph would compromise the process server's safety. In such circumstances, the process server shall document the effected or attempted service on the proof of service and provide a detailed statement explaining why taking a photograph would have compromised their safety.

(5) The photograph required by paragraph (1) shall be taken by the process server as closely as practicable to the time of effecting or attempting service.

(b) If served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or the publisher's or printer's foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.

(d) By the written admission of the party.

(f) All proof of personal service shall be made on a form adopted by the Judicial Council.

(g) This section shall become operative on January 1, 2027.

End

Plain-English Summary

Section 417.10 tells a plaintiff how to document that service happened. Subdivision (a) covers service under § 415.10 (personal delivery), § 415.20 (substituted service), or § 415.30 (mail with acknowledgment): proof is made by the affidavit of the person who made service, showing the time, place, and manner of service and facts establishing compliance with this chapter, including the name of the person served, their title or capacity if relevant, and whether the § 412.30 notice appeared on the copy served. If service was by mail under § 415.30, proof must include the acknowledgment of receipt or another written acknowledgment the court finds satisfactory.

Subdivision (b) covers service by publication under § 415.50: proof is by affidavit of the publisher or printer (or their foreperson or principal clerk) showing the time and place of publication, plus an affidavit showing when and where a copy was mailed to the party, if it was in fact mailed. Subdivision (c) covers service under some other California law, following that law’s own proof requirements or, absent any, this section’s requirements for a similar manner of service. Subdivision (d) allows proof by the party’s own written admission. Subdivision (e) covers service by posting under § 415.45: proof is by affidavit of the person who posted the premises, plus an affidavit of mailing if the summons was mailed.

Subdivision (f) requires all proof of personal service to be made on a form adopted by the Judicial Council. This version of the section remains in effect only until January 1, 2027, when it is scheduled to be repealed.

Frequently Asked Questions

What proves that personal service or substituted service happened in California?

Section 417.10(a) requires an affidavit of the person who made service, showing the time, place, and manner of service and facts showing compliance with this chapter, including the name and capacity of the person served.

How is service by publication proven?

Subdivision (b) requires the affidavit of the publisher or printer (or their foreperson or principal clerk) showing the time and place of publication, along with an affidavit of mailing if a copy was in fact mailed to the party.

Can a defendant’s own written admission substitute for a server’s affidavit?

Yes. Subdivision (d) allows proof of service by the written admission of the party.

Is there a required form for proving personal service?

Yes. Subdivision (f) requires all proof of personal service to be made on a form adopted by the Judicial Council.

Is § 417.10 permanent law?

No. Subdivision (g) states this section remains in effect only until January 1, 2027, and is repealed as of that date, so it should be checked against any successor provision after that date.

Amendment History

Effective Until 1/1/2027

Amended by Stats 2025 ch 563 (AB 747),s 8, eff. 1/1/2026. Amended by Stats 2006 ch 538 (SB 1852),s 63, eff. 1/1/2007.

Operative 1/1/2027

Added by Stats 2025 ch 563 (AB 747),s 9, eff. 1/1/2026.

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

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