California Laws: Code of Civil Procedure Section 1013

California Laws > Code of Civil Procedure > Sections 1010-1020

Section 1013

(a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence.  The service is
complete at the time of the deposit, but any period of notice and any
right or duty to do any act or make any response within any period
or on a date certain after the service of the document, which time
period or date is prescribed by statute or rule of court, shall be
extended five calendar days, upon service by mail, if the place of
address and the place of mailing is within the State of California,
10 calendar days if either the place of mailing or the place of
address is outside the State of California but within the United
States, and 20 calendar days if either the place of mailing or the
place of address is outside the United States, but the extension
shall not apply to extend the time for filing notice of intention to
move for new trial, notice of intention to move to vacate judgment
pursuant to Section 663a, or notice of appeal.  This extension
applies in the absence of a specific exception provided for by this
section or other statute or rule of court.
   (b) The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
   (c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence.  In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence.  The service is complete at the time of the
deposit, but any period of notice and any right or duty to do any act
or make any response within any period or on a date certain after
the service of the document served by Express Mail or other method of
delivery providing for overnight delivery shall be extended by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal.  This extension applies in the absence of a specific
exception provided for by this section or other statute or rule of
court.
   (d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
   (e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made.  The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service.  The
service is complete at the time of transmission, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after the service of the
document, which time period or date is prescribed by statute or rule
of court, shall be extended, after service by facsimile transmission,
by two court days, but the extension shall not apply to extend the
time for filing notice of intention to move for new trial, notice of
intention to move to vacate judgment pursuant to Section 663a, or
notice of appeal.  This extension applies in the absence of a
specific exception provided for by this section or other statute or
rule of court.
   (f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted or be accompanied by an unsigned copy of the
affidavit or certificate of transmission which shall contain the
facsimile telephone number to which the notice or other paper was
transmitted.
   (g) Subdivisions (b), (d), and (f) are directory.

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