Fillable Form FL-115

What is Form FL-115?

Form FL-115, commonly known as the "Proof of Service of Summons," is an essential legal document used in family law cases in California. This form is a critical component of the legal process, as it provides proof that the necessary legal documents, such as the summons and petition, have been successfully filed and properly delivered to the other party involved in the case. Proper service of these documents is required by law to ensure that the other party is adequately informed of the legal proceedings and has the opportunity to respond as they feel is necessary.

Proper delivery of legal papers is crucial in ensuring that all parties, including any domestic partner served, are fully aware of the proceedings. In a divorce case, using the appropriate service form, such as Form FL-115, establishes that the respondent has received the necessary documentation to participate in the legal process. Without proper service, the court may not proceed with the case, potentially delaying important outcomes or decisions for both parties involved. This emphasizes the importance of accurately completing and filing Form FL-115 to uphold the integrity of the legal proceedings.

How do I fill out Form FL-115?

A fillable copy of Form FL-115 can be found here.

State Bar Number

Enter the state bar number associated with this form and/or case.

Name

Enter the name of the party without an attorney (PWA, such as in a situation where one party is self-represented), or the attorney if applicable.

Firm Name

Enter the name of the firm that the attorney works for.

Street Address

Enter the street address of the firm or PWA.

City

Enter the city of the firm or PWA.

State

Enter the state that the firm is located in or that the PWA resides in.

ZIP Code

Enter the PWA or firm’s ZIP code

Telephone Number

Enter the primary telephone number of the PWA or firm.

Fax Number

Enter the fax number of the firm or PWA.

Email Address

Enter the primary email address of the firm or PWA.

Attorney For

Enter the name of the person who the attorney is representing.

Superior Court of California Details

Enter the following details about the superior court of california that this form is being filed at:

• County
• Street address
• Mailing address
• City and ZIP code
• Branch name

Petitioner and Respondent

Enter the names of the petitioner and respondent in the spaces provided. Enter this at the top of each other page of this form.

Case Number

Enter the case number assigned to this form. Enter this at the top of each other page of this form.

Forms Served

Mark the boxes from below to indicate what forms you served the respondent with copies of.

• Family law: Petition - Marriage/Domestic Partnership (Form FL-100), Summons (Form FL-110), and blank Response-Marriage/Domestic Partnership (Form FL-120), or
• Uniform parentage: Petition to Determine Parental Relationship (Form FL-200), Summons (Form FL-210), and blank Response to Petition to Determine Parental Relationship (Form FL-220), or
• Custody and Support: Petition for Custody and Support of Minor Children (Form FL-260), Summons (Form FL-210), and blank Response to Petition for Custody and Support of Minor Children (Form FL-270), AND
  • Completed
    • Declaration Under Uniform Child Custody, Jurisdiction, and Enforcement Act
    • Declaration of Disclosure
    • Schedule of Assets and Debts
    • Income and Expense Declaration
    • Financial Statement (Simplified)
    • Property Declaration
    • Request for Order (FL-300) and Responsive Declaration to Request for Order (FL-320)
    • Other

Address Served

Enter the address where the respondent was served

Means of Service

Mark all proper boxes to indicate how you served the relevant documents to the respondent:

• Personal Service
  • Enter date and time served
• Substituted Service
  • Enter the name of the person you left the files with
  • Enter the relationship of the above person with the respondent, then mark “Business” or “Home” as applies to the above person’s relationship to the respondent
  • Enter date and time served/dropped off, and the date that additional copies were sent
• Mail and Acknowledgment Service
  • Enter date mailed
  • Mark the boxes to indicate if you mailed FL-117 and a postage-paid return envelope addressed to you, or if you mailed the documents to an address outside California. Then attach the necessary documents to this form.
• Other
• Continued on Attachment 3D

Attach a declaration of diligence to this form if you chose to serve the forms via substituted service.

Person who Served Papers

Enter the following information about the person serving the papers.

• Name
• Address
• Telephone Number
• Mark the box from the below that applies
  • Exempt from registration under Business and Professions Code section 22350(b)
  • Not a registered California process server
  • A registered california process server
    • An employee
    • An independent contractor
      • Registration number
      • County
      • Fee charged for service
• Have the server or a California sheriff, marshal, or constable mark the relevant box to certify that all information entered in this form is true and correct.

Signature

Have the person who served the papers sign the form in the space provided, then enter their name and the date that the form was signed.

Frequently Asked Questions (FAQs)

What is "personal service" in the context of Form FL-115?

Personal service refers to handing the legal documents directly to the respondent. This is the most straightforward and commonly preferred method of service.

What is "substituted service"?

Substituted service involves leaving the documents with a responsible person at the respondent’s home or workplace and then mailing copies to the respondent. This method is used when personal service is not possible, but often requires that evidence be provided that personal service is not currently possible.

Can you serve documents by mail using Form FL-115?

Documents cannot be initially served by mail in most cases; personal or substituted service is usually required. However, once service has been completed, follow-up documents may sometimes be served by mail.

Who signs Form FL-115?

The person who served the documents, known as the process server, must sign Form FL-115. This signature is made under penalty of perjury, affirming the accuracy of the information.

What is the significance of the case number on Form FL-115?

The case number links Form FL-115 to the specific legal case in question. This ensures that the proof of service is correctly associated with the right court file.

Can Form FL-115 be used in cases other than family law?

Form FL-115 is specifically designed for family law cases in California. Different types of cases may require different forms for proof of service.

What is a "summons" in relation to Form FL-115?

A summons is a legal document that notifies the respondent that a legal action has been initiated against them. Form FL-115 proves that the summons was delivered.

Why is the date of service important on Form FL-115?

The date of service is crucial because it starts the clock on the respondent’s deadline to respond. Incorrect dates can lead to delays or complications in the case.

What should you do if the respondent avoids service?

If the respondent avoids service, you may need to try alternative methods like substituted service or service by publication. The court may also grant an extension for serving the documents.

Can the petitioner serve the documents themselves?

No, the petitioner cannot serve the documents themselves. The server must be a neutral third party to ensure fairness and impartiality.

What is service by publication, and when is it used?

Service by publication involves publishing a notice in a newspaper when the respondent cannot be located. It is typically used as a last resort after other methods have failed.

Is Form FL-115 used in divorce cases?

Yes, Form FL-115 is commonly used in divorce cases to prove that the divorce papers have been served to the other party. It is a critical step in the divorce process.

How do you file Form FL-115 with the court?

Once completed, Form FL-115 must be filed with the court clerk in the county where the case is being heard. Filing can usually be done in person or by mail.

What is the penalty for false information on Form FL-115?

Providing false information on Form FL-115 is a serious offense and can result in legal penalties, including perjury charges. The accuracy of the form is critical to maintaining the integrity of the legal process.

How does Form FL-115 affect the timeline of a case?

Filing Form FL-115 starts the timeline for the respondent’s response. Delays in serving or filing the form can extend the overall duration of the case.

Can Form FL-115 be filed electronically?

In some California counties, Form FL-115 can be filed electronically through the court’s e-filing system. However, this varies by jurisdiction.