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Blank California Diligence PDF Form

The California Diligence form is a legal document used by process servers to declare their efforts in attempting to serve legal papers to a defendant or other party involved in a case. This form outlines the dates and results of service attempts, providing a clear record of diligence in the process. Understanding how to properly fill out this form is crucial for ensuring compliance with California law, so take the next step by clicking the button below to get started.

Article Guide

The California Diligence form plays a crucial role in the legal process, particularly in the realm of serving legal documents. This form is utilized by registered process servers who have been tasked with delivering legal notices to individuals or entities involved in a court case. It serves as a formal declaration that outlines the server's attempts to execute personal service, detailing the dates, times, and outcomes of each attempt. The form requires the server to confirm their age and status, ensuring they are not a party to the action at hand. Additionally, it emphasizes the server's authority to operate within the state, which is vital for the legitimacy of the service. By documenting these attempts, the California Diligence form provides the court with essential information that can impact the progression of the case. The declaration is made under penalty of perjury, underscoring the seriousness of the information provided. Ultimately, this form is not just a procedural requirement; it is a testament to the due diligence exercised in ensuring that all parties are properly notified, thereby upholding the principles of justice and fairness in the legal system.

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ATTORNEY OR PARTY WITHOUT ATTORNEY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PLAINTIFF:

DEFENDANT:

DECLARATION RE DILIGENCE

CASE NUMBER:

I,, declare:

I am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity:

I was on the dates herein mentioned over the age of eighteen years and not a party to the above- entitled action. I am authorized to serve legal process in the State of California. The following facts are within my personal knowledge and if sworn as a witness I can and will truthfully and competently testify thereto.

I attempted personal service on the following dates and times with the following results:

RESIDENCE ADDRESS:

DATES AND TIMES

RESULT

Unknown

BUSINESS ADDRESS:

Unknown

This declaration is made based upon business records maintained in the normal course of business.

I declare under penalty of perjury under the laws of the State of California that the forgoing is true and

correct and this declaration is executed on

, California.

______________________________________________________

PSI-DD (2-07)

DECLARATION RE DILIGENCE

➤ PDF File

Form Specifications

Fact Name	Description
Purpose	The California Diligence form is used to document attempts to serve legal process.
Governing Law	The form is governed by the California Code of Civil Procedure.
Who Can Use It	Registered Process Servers in California may use this form to report their service attempts.
Personal Knowledge	The declarant must have personal knowledge of the facts stated in the form.
Declaration Under Penalty	The form includes a declaration made under penalty of perjury, affirming its truthfulness.
Service Attempts	The form requires details of the dates and times of service attempts and their results.
Execution Location	The declaration must be executed in California, specifying the city or location.

California Diligence: Usage Guidelines

Completing the California Diligence form is an important step in the legal process. The form serves as a declaration of the attempts made to serve legal documents. Follow the steps below to accurately fill out the form.

Begin by entering your name and contact information at the top of the form. This includes your title as a Registered Process Server.
Identify the court by including the name of the Superior Court of the State of California.
Fill in the names of the plaintiff and defendant in the designated fields.
Provide the case number associated with the legal action.
In the declaration section, state your name again and affirm that you are a Registered Process Server. Mention that you were retained to serve process in this matter.
Indicate your age (must be over eighteen) and confirm that you are not a party to the action.
Confirm your authorization to serve legal process in California.
List the dates and times you attempted personal service. Include results for each attempt.
Provide the residence address of the individual or entity you attempted to serve.
If applicable, include the business address of the individual or entity.
State that the declaration is based on business records maintained in the normal course of business.
Sign the declaration under penalty of perjury, affirming that the information provided is true and correct.
Indicate the date and location where the declaration is executed.

Your Questions, Answered

What is the California Diligence form?

The California Diligence form is a legal document used to declare the efforts made by a process server to serve legal documents to a party involved in a court case. It outlines the attempts made and provides details about the service process, ensuring that the court is informed of the steps taken to deliver the documents.

Who can fill out the California Diligence form?

The form can be filled out by a registered process server who has been retained to serve legal documents. This individual must be over the age of eighteen and not a party to the case in question. Their role is to provide a truthful account of their attempts to serve the documents.

What information is required on the form?

The form requires the name of the plaintiff and defendant, the case number, and details of the attempts made to serve the documents. This includes specific dates and times of service attempts, the addresses where service was attempted, and the results of those attempts.

What does the declaration under penalty of perjury mean?

This statement indicates that the process server is affirming the truthfulness of the information provided in the form. If the server knowingly provides false information, they may face legal consequences. It serves to ensure the integrity of the service process.

What happens if the process server is unable to serve the documents?

If the process server cannot serve the documents after multiple attempts, they will document these attempts on the California Diligence form. This information may be used by the court to determine the next steps in the legal process, which could include alternative methods of service.

Is there a specific format for completing the California Diligence form?

Yes, the form must be completed in a specific format as provided by the Superior Court of California. It is important to include all required information accurately and to follow any guidelines set forth by the court to ensure that the form is valid.

Can the California Diligence form be used for all types of legal documents?

This form is primarily used for serving court documents in civil cases. However, it is advisable to check with the court or legal counsel to confirm its applicability for specific types of legal documents or cases.

How is the California Diligence form submitted to the court?

The completed form must be filed with the court where the case is being heard. This can typically be done in person, by mail, or through electronic filing, depending on the court's requirements and procedures.

What should be done if there are changes in the information provided on the form?

If there are any changes in the information after the form has been submitted, it is essential to notify the court as soon as possible. This may involve submitting an amended form or additional documentation to clarify the changes.

Common mistakes

Not providing complete information about the plaintiff and defendant. Ensure that all names are spelled correctly and that all necessary details are included.
Failing to include the case number. This is crucial for the court to track the case properly.
Omitting the dates and times of service attempts. Each attempt must be documented clearly to show diligence.
Not stating the results of each service attempt. Clearly indicate whether service was successful or not.
Providing inaccurate or incomplete addresses. Double-check both residence and business addresses to avoid errors.
Neglecting to sign and date the declaration. This step is vital to validate the document.
Using outdated or incorrect forms. Always ensure that you are using the most current version of the California Diligence form.

Documents used along the form

The California Diligence form is an essential document used in legal proceedings to confirm the efforts made to serve legal process. Alongside this form, several other documents may be required to ensure compliance with legal standards. Below is a list of related forms and documents commonly used in conjunction with the California Diligence form.

Proof of Service: This document serves as evidence that legal documents have been delivered to the intended recipient. It includes details such as the date, time, and method of service, along with the signature of the person who performed the service.
Summons: A summons is a legal document that notifies a defendant of a lawsuit filed against them. It outlines the time frame in which the defendant must respond to the complaint.
Complaint: This is the initial pleading filed by the plaintiff that outlines the basis of the lawsuit. It details the claims made against the defendant and the relief sought.
Request for Entry of Default: If a defendant fails to respond to the complaint within the specified time, the plaintiff may file this request to obtain a default judgment against the defendant.
Declaration of Due Diligence: This document is used to provide evidence of the attempts made to serve the defendant. It outlines the efforts taken to locate and serve the individual or entity.
Notice of Acknowledgment and Receipt: This form is used when a party acknowledges receipt of legal documents. It serves as proof that the documents were received without the need for formal service.
Substitution of Attorney: If a party wishes to change their legal representation, this document is filed to notify the court and other parties of the new attorney's information.
Case Management Statement: This document provides the court with information regarding the status of the case, including any pending motions, discovery issues, and trial dates.
Ex Parte Application: This is a request made to the court for immediate relief without the presence of the other party. It typically requires a showing of urgency.

Understanding these documents and their purposes can help streamline the legal process. By ensuring that all necessary forms are completed and filed appropriately, parties can better navigate the complexities of the legal system with confidence.

Similar forms

The California Diligence form serves as a crucial document in the legal process, particularly for serving legal notices. Several other documents share similarities in purpose or structure. Here’s a list of eight such documents:

Proof of Service: This document confirms that legal papers have been delivered to a party. Like the California Diligence form, it includes details about the service attempt, such as dates and times.
Declaration of Service: This is a sworn statement that outlines how and when a party was served. It parallels the Diligence form by requiring personal knowledge and affirmation of the service process.
Notice of Motion: This document notifies parties of a motion being filed in court. Similar to the Diligence form, it must be served to relevant parties and includes details about the motion's purpose.
Summons: A summons informs a defendant of a legal action against them. Both the summons and the Diligence form require accurate information about the parties involved and the service attempts made.
Affidavit of Service: This document provides a sworn statement confirming that a legal document was served. It is akin to the California Diligence form in that it emphasizes the importance of accurate service records.
Request for Entry of Default: This document is filed when a defendant fails to respond to a complaint. Similar to the Diligence form, it often relies on proof of service to establish that the defendant was properly notified.
Certificate of Mailing: This document certifies that a legal notice was mailed to a party. Like the Diligence form, it requires verification of the recipient's address and the date of mailing.
Service of Process Log: This is a record maintained by process servers detailing all attempts to serve documents. It shares the same objective as the Diligence form, documenting the efforts made to achieve service.

Understanding these documents can enhance comprehension of the legal process and the importance of proper service in ensuring that all parties are informed and given the opportunity to respond.

Dos and Don'ts

When filling out the California Diligence form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

Do read the entire form carefully before starting.
Do provide accurate information about the plaintiff and defendant.
Do clearly state your role as a Registered Process Server.
Do include all relevant dates and times of service attempts.
Do ensure that your declaration is truthful and based on personal knowledge.
Don't leave any sections blank unless instructed otherwise.
Don't provide false information or exaggerate your attempts.
Don't forget to sign and date the declaration.
Don't use legal jargon or complicated language.
Don't submit the form without reviewing it for errors.

Misconceptions

Misconceptions about the California Diligence form can lead to confusion for those involved in legal proceedings. Understanding the realities behind these misconceptions is crucial for effective legal communication and process serving. Here are six common misconceptions:

The California Diligence form is only for attorneys. Many believe that only attorneys can use this form. In fact, registered process servers can also complete and submit it, as they are authorized to serve legal documents.
It is unnecessary to provide specific dates and times. Some people think that general statements are sufficient. However, the form requires detailed information about the dates and times of service attempts, which is essential for documenting the diligence of the process server.
The form guarantees successful service of process. There is a misconception that submitting this form ensures that the legal documents have been successfully served. In reality, the form simply documents the attempts made; it does not confirm that service was completed.
Personal knowledge is not required. Some individuals may believe that hearsay or secondhand information is adequate for the form. However, the declaration must be based on personal knowledge of the service attempts, ensuring accuracy and reliability.
Only one attempt at service is needed. A common misunderstanding is that a single attempt to serve documents suffices. In many cases, multiple attempts may be required to demonstrate due diligence, especially if the recipient is evasive.
The declaration can be completed by anyone. There is a belief that any individual can fill out the form. However, only registered process servers or authorized individuals can complete the California Diligence form, ensuring that the information is credible and valid.

By clarifying these misconceptions, individuals can better navigate the legal process and ensure that they are fulfilling their obligations accurately and effectively.

Key takeaways

When filling out and using the California Diligence form, consider the following key takeaways:

The form is essential for documenting attempts to serve legal process.
It must be completed by a Registered Process Server who is over eighteen years old.
Ensure that the person or entity being served is clearly identified.
Include specific dates and times of service attempts for accuracy.
Document any results of the service attempts, whether successful or unsuccessful.
Provide both residence and business addresses if known, as this information is crucial.
The declaration is based on personal knowledge and business records.
Sign the form under penalty of perjury, affirming the truthfulness of the information provided.
Complete the form in a timely manner to avoid delays in legal proceedings.

Following these guidelines will help ensure that the California Diligence form is filled out correctly and serves its intended purpose in legal matters.