Cal. Code Regs. Tit. 8, § 355.3 - Service by Parties, Intervenors, Obligors, and Representatives
(a) When a party,
intervenor, obligor, or representative serves a document on another party,
intervenor, obligor, or representative, that service shall occur by first-class
postal mail, a carrier defined in subsection (b), or by personal
service.
(b) A carrier will satisfy
subsection (a) if it provides an alternative method that will effect service
that is equivalent to or more expeditious than first-class mail. For purposes
of this subsection, "an alternative method that will effect service that is
equivalent to or more expeditious than first-class mail" shall be limited to
either:
(1) Use of express (overnight) or
priority mail; or
(2) Use of a bona
fide commercial delivery service or attorney service promising delivery within
two business days, as shown on the service's invoice or
receipt.
(c) Service by
postal mail is made by depositing the document in a post office, mailbox, or
mail chute, or other like facility regularly maintained by the United States
Postal Service, sealed, properly addressed, with first-class postage prepaid,
or by deposit with a carrier as defined in subsection (b).
(d) Service is complete at the time of
personal delivery or mailing.
(e)
Proof of service shall be filed with the document and may be made by any of the
following means:
(1) Affidavit or declaration
of service by personal delivery, mail, or overnight courier; or
(2) Letter of
transmittal.
(f) If a
party, intervenor, obligor, or their representative responsible for serving the
document(s) on another party, intervenor, obligor, or their representative,
receives notification that the service to an intended recipient failed, the
party responsible for sending the document(s) shall promptly re-serve the
document on the intended recipient(s) using the method of service best
calculated to result in valid service on the intended recipient(s).
(1) The server need not re-serve the document
on intended recipients for whom the server did not receive notification of
failed service.
(2) On re-service,
the server shall execute a new proof of service in accordance with subsection
(e) showing re-service on the intended recipient(s).
(g) By written stipulation of all parties,
intervenors, and obligors, service between the parties may be by electronic
methods.
(1) Unless otherwise stipulated,
subsections (d) and (f) continue to apply to documents and things served
between the parties.
Notes
Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6603 and 6610, Labor Code.
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